[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65793]
[DOCID:fr09no06-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RP97-14-016 and RP07-42-000]

Midwestern Gas Transmission Company; Notice of Proposed Changes
in FERC Gas Tariff

November 2, 2006.
    Take notice that on October 31, 2006, Midwestern Gas Transmission
Company (Midwestern) tendered for filing to become part of its FERC Gas
Tariff, Third Revised Volume No. 1, the following tariff sheets to
become effective November 1, 2006:

Tenth Revised Sheet No. 7, Fourteenth Revised Sheet No. 273.

    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    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 online 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18921 Filed 11-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Page 36940]
[FR Doc No: 2016-13515]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2016-0142]

Towing Safety Advisory Committee; June 2016 Teleconference

AGENCY: Coast Guard, DHS.

ACTION: Notice of teleconference meeting; correction to day-of-the-week
reference.

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SUMMARY: The Coast Guard published a notice in the Federal Register on
June 2, 2016, announcing a Towing Safety Advisory Committee meeting,
via teleconference. That notice listed the wrong day of the week for
the date of the meeting. The notice should have stated, Wednesday, June
22, 2016. This notice removes the incorrect day-of-the-week reference.

DATES: This correction is effective June 8, 2016. The Towing Safety
Advisory Committee will meet, via teleconference, on Wednesday, June
22, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. William J. Abernathy, Alternate
Designated Federal Officer of the Towing Safety Advisory Committee,
2703 Martin Luther King Jr Ave. SE., Stop 7509, Washington, DC 20593-
7509, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard published a document in the
Federal Register on June 2, 2016 (81 FR 35375), announcing a meeting of
the Towing Safety Advisory Committee via teleconference. We listed the
wrong day of the week for the June 22, 2016 meeting. The Committee will
meet on Wednesday, June 22, 2016. This correction removes the incorrect
day-of-the-week reference.
    In notice FR Doc. 2016-12963 published June 2, 2016 (81 FR 35375),
make the following correction:
    On page 3537, in the second column, in the second line of the DATES
section, remove the word ``Tuesday'' and add, in its place, the word
``Wednesday''.

    Dated: June 2, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-13515 Filed 6-7-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53800-53802]
[FR Doc No: 2023-16433]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0535; FRL-11020-02-R4]

Air Plan Approval; TN; 2010 1-Hour SO2 NAAQS Transport
Infrastructure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
Tennessee's July 31, 2019, State Implementation Plan (SIP) submission
pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA
or Act) for the 2010 1-hour sulfur dioxide (SO2) National
Ambient Air Quality Standard (NAAQS). The good neighbor provision
requires each State's implementation plan to contain adequate
provisions prohibiting the interstate transport of air pollution in
amounts that will contribute significantly to nonattainment, or
interfere with maintenance, of a NAAQS in any other State. EPA has
determined that Tennessee will not contribute significantly to
nonattainment or interfere with maintenance of the 2010 1-hour
SO2 NAAQS in any other State. Therefore, EPA is approving
the July 31, 2019, SIP revision as meeting the requirements of the good
neighbor provision for the 2010 1-hour SO2 NAAQS.

DATES: This rule is effective September 8, 2023.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0535. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
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 either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can be reached via
phone number<PHONE_NUMBER> or via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 2, 2010, EPA promulgated a revised primary SO2
NAAQS with a level of 75 parts per billion (ppb), based on a 3-year
average of the annual 99th percentile of daily maximum 1-hour average
concentrations. See 75 FR 35520 (June 22, 2010). Pursuant to section
110(a)(1) of the CAA, states are required to submit SIPs meeting the
applicable requirements of section 110(a)(2) within three years after
promulgation of a new or revised NAAQS or within such shorter period as
EPA may describe. These SIPs, which EPA has historically referred to as
``infrastructure SIPs,'' are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS, and the requirements are
designed to ensure that structural components of each State's air
quality management program are adequate to meet the State's
responsibility under the CAA. Section 110(a) of the CAA requires States
to make a SIP submission to EPA for a new or revised NAAQS, but the
contents of individual State submissions may vary depending upon the
facts and circumstances. The content of the changes in such SIP
submissions may also vary depending upon what provisions the State's
approved SIP already contains. Section 110(a)(2) requires States to
address basic SIP elements such as requirements for monitoring, basic
program requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS.
    Section 110(a)(2)(D)(i)(I) of the CAA requires SIPs to include
provisions prohibiting any source or other type of emissions activity
in one State from emitting any air pollutant in amounts that will
contribute significantly to nonattainment, or interfere with
maintenance, of a NAAQS in another State. The two clauses of this
section are referred to as prong 1 (significant contribution to
nonattainment of the NAAQS) and prong 2 (interference with maintenance
of the NAAQS).
    On July 31, 2019, the Tennessee Department of Environment &
Conservation (TDEC) submitted a revision to the Tennessee SIP \1\
addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i)(I) for the
2010 1-hour SO2 NAAQS.\2\ TDEC completed updated transport
modeling for the Eastman Chemical facility in Sullivan County,
Tennessee, and submitted it to EPA on November 30, 2021, to supplement
the July 31, 2019 submission.\3\ EPA is approving TDEC's July 31, 2019,
SIP submission because the State has demonstrated that Tennessee will
not contribute significantly to nonattainment, or interfere with
maintenance, of the 2010 1-hour SO2 NAAQS in any other
State. All other elements related to the infrastructure requirements of
section 110(a)(2) for the 2010 1-hour SO2 NAAQS for
Tennessee are addressed in separate rulemakings.\4\
---------------------------------------------------------------------------

    \1\ TDEC submitted its SIP revision on August 1, 2019, through a
transmittal letter dated July 31, 2019.
    \2\ On March 13, 2014, TDEC submitted a SIP revision addressing
all infrastructure elements with respect to the 2010 1-hour
SO2 NAAQS with the exception of prongs 1 and 2 of CAA
110(a)(2)(D)(i)(I).
    \3\ EPA officially received the supplemental file dated November
30, 2021, on December 7, 2021.
    \4\ EPA acted on all other infrastructure elements for the 2010
1-hour SO2 NAAQS in Tennessee's March 13, 2014, SIP
revision on November 28, 2016 (81 FR 85410) and September 24, 2018
(83 FR 48237).
---------------------------------------------------------------------------

    In a notice of proposed rulemaking (NPRM) published on June 26,
2023 (88 FR 41344), EPA proposed to approve TDEC's July 31, 2019, SIP
submission for the 2010 1-hour SO2 NAAQS. The details of the
SIP revision and the rationale for EPA's action is explained in the
June 26, 2023, NPRM.\5\ Comments on the June 26, 2023, NPRM were due on
or before July 26, 2023. No comments were received on the June 26,
2023, NPRM, adverse or otherwise.
---------------------------------------------------------------------------

    \5\ Additional details regarding EPA's evaluation of TDEC's
modeling are provided in the Modeling Technical Support Document
(TSD) available in the docket supporting this final action.
---------------------------------------------------------------------------

II. Final Action

    EPA is approving Tennessee's July 31, 2019, SIP submission as
meeting the good neighbor provision of CAA section 110(a)(2)(D)(i)(I)
for the 2010 1-hour SO2 NAAQS. EPA is finalizing approval
based on the information and analysis detailed in EPA's proposed rule,
which demonstrates that Tennessee will not contribute significantly to
nonattainment, or interfere with

maintenance, of the 2010 1-hour SO2 NAAQS in any other
State. This action is being taken under section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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. 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.''
    TDEC did not evaluate EJ 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 EJ 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 October 10, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 28, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
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 RR--Tennessee

0
2. In Sec.  52.2220(e), amend the table by adding the entry ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 1-hour SO2
NAAQS'' at the end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                                State
   Name of non-regulatory SIP      Applicable geographic or   effective    EPA approval date      Explanation
            provision                 nonattainment area         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Tennessee................    7/31/2019  8/9/2023, [Insert   Addressing prongs
 Requirements for the 2010 1-                                              citation of         1 and 2 of
 hour SO2 NAAQS.                                                           publication].       section
                                                                                110(a)(2)(D)(i)
                                                                                only.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-16433 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Notices]
[Page 32610-32611]
[DOCID:fr09jn08-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57903; File No. SR-NYSE-2008-43]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Exclude From its Earnings Standard Gains or Losses from Extinguishment
of Debt Prior to Maturity on a Three-Month Pilot Basis

June 2, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 20, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange has designated the proposed rule change as ``non-
controversial'' under Section 19(b)(3)(A)(iii) \3\ of the Act and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposal 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)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE proposes to amend the earnings standard of Section
102.01C(I) of the Exchange's Listed Company Manual (``Manual''). The
amendment will enable the Exchange to adjust the earnings of companies
for purposes of its pre-tax earnings standard by excluding gains or
losses recognized in connection with the extinguishment of debt prior
to its maturity. The proposed amendment was originally filed with the
Commission as a pilot program (``Pilot Program'') \5\ which has since
expired and this filing seeks to renew the Pilot Program for an
additional three months. The text of the proposed rule changes is
available on the Exchange's Web site (http://www.nyse.com), at the
Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.
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    \5\ See Securities Exchange Act Release No. 56195 (August 2,
2007), 72 FR 44904 (August 9, 2007) (SR-NYSE-2007-71).
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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 Exchange 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
    The Exchange proposes to amend the earnings standard of Section
102.01C(I) of the Manual. The amendment will enable the Exchange to
adjust the earnings of companies for purposes of its pre-tax earnings
standard by excluding gains or losses recognized in connection with the
extinguishment of debt prior to its maturity. The adjustment will
relate only to gains or losses incurred in the three-year period under
examination for purposes of the earnings standard. The proposed
amendment was originally filed with the Commission for a six-month
period as a Pilot Program.\6\ The Pilot Program has expired and this
filing seeks to renew the Pilot Program for an additional three months.
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    \6\ Id.
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    Prior to the promulgation of Statement of Financial Accounting
Standards No. 145 (``SFAS No. 145'') in 2002, Financial Accounting
Standards Board Statement No. 4 (``FASB No. 4'') required that gains
and losses from the extinguishment of debt prior to its maturity that
were included in the determination of net income be aggregated and, if
material, classified as an extraordinary item, net of related income
tax effect. SFAS No. 145 rescinded FASB No. 4 and, as a result, gains
or losses in connection with the extinguishment of debt prior to its
maturity are now generally included in the calculation of operating
earnings under generally accepted accounting principles (``GAAP''). As
a result, some companies that would not otherwise be qualified to list
may qualify as a result of the inclusion in pre-tax income of gains
from the extinguishment of debt prior to its maturity. In addition,
some prospective listed companies whose operating earnings would have
met the requirements of the Exchange's pre-tax earnings test prior to
2002 are now not qualified to list as they are required to include
losses from the extinguishment of debt prior to its maturity in pre-tax
income. In the Exchange's experience, these gains and losses are
primarily non-cash in nature. The gains generally represent the
accelerated accrual of original issue discount, while the losses
generally represent the remaining unamortized portion of costs incurred
at the time of initial borrowing.
    The Exchange believes that it is appropriate to return to its pre-
2002 approach of excluding gains and losses from debt extinguishment
from pre-tax earnings as calculated for purposes of its earnings
standard. The purpose of the earnings standard is to determine the
suitability for listing of companies on a forward-looking basis in
light of a sustained demonstration of strong earnings. As such, the
Exchange does not believe that it is relevant to include in pre-tax
earnings gains and losses from the extinguishment of debt prior to its
maturity that are principally nonrecurring in nature. Additionally, the
Exchange notes that the analyst community also routinely exclude these
gains and losses from their analyses in making recommendations as to
the desirability of investing in companies' publicly-traded equity
securities. The Exchange believes that adjusting company earnings for
gains and losses from the extinguishment of debt prior to its maturity
is consistent with the adjustments that are currently permitted under
Section 102.01C for a number of other nonrecurring charges to earnings
that are included in net income as recorded under GAAP, such as the
exclusion of impairment charges on long-lived assets, the exclusion of
gains and losses on sales of a subsidiary's or investee's stock and the
exclusion of in-process purchased research and development charges. The
Exchange also believes that this adjustment is reasonable given the
purpose of the earnings standard, which is to determine the suitability
for listing of companies on a forward-looking basis.
    As with all companies listed on the Exchange, the Financial
Compliance staff of NYSE Regulation will monitor on an ongoing basis
the compliance with the Exchange's continued listing standards of any
companies listed in reliance upon the proposed amendment. Such
companies will be subject to delisting if they are found at any time to
be below the Exchange's continued listing standards.

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it
is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
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.
The Exchange believes that the proposed amendment is consistent with
the investor protection objectives of the Act in that it provides for
an adjustment to list applicants' historical financial results that is
consistent with other adjustments already permitted under the
Exchange's earnings standard and is reasonable given the purpose of the
earnings standard, which is to determine the suitability for listing of
companies on a forward-looking basis.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    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 for 30
days after the date of filing, 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 \9\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\11\
However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day pre-operative delay and designate the
proposed rule change to become operative upon filing.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ Id.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change is consistent with other adjustments
the Exchange makes when evaluating applicants on a forward-looking,
post-IPO basis under the existing earnings standard in Section
102.01C(I) of the Listed Company Manual, and the proposal will take
effect as a Pilot Program, allowing the Commission to evaluate the
suitability of the proposal during the pilot period. The Commission
designates the proposal to become effective and operative upon
filing.\13\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the impact of the proposed rule on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-43 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-2008-43. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NYSE. 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-NYSE-2008-43 and should be submitted on or before June 30, 2008.

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

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

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-12796 Filed 6-6-08; 8:45 am]

BILLING CODE 8010-01-P


Fajardo Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Florida Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Gu[aacute]nica Municipio......  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Guayama Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Guayanilla Municipio..........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Guaynabo County...............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Gurabo Municipio..............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Hatillo Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Hormigueros Municipio.........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Humacao Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Isabela Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Jayuya Municipio..............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Juana D[iacute]az Municipio...  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Juncos Municipio..............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Lajas Municipio...............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Lares Municipio...............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Las Mar[iacute]as Municipio...  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Las Piedras Municipio.........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Lo[iacute]za Municipio........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Luquillo Municipio............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Manat[iacute] Municipio.......  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Maricao Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Maunabo Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Mayagnez Municipio............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Moca Municipio................  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Morovis Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Naguabo Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Naranjito Municipio...........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Orocovis Municipio............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Patillas Municipio............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Pe[ntilde]uelas Municipio.....  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Ponce Municipio...............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Quebradillas Municipio........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Rinc[oacute]n Municipio.......  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    R[iacute]o Grande Municipio...  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Sabana Grande Municipio.......  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Salinas Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    San Germ[aacute]n Municipio...  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.

    San Juan Municipio............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    San Lorenzo Municipio.........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    San Sebasti[aacute]n Municipio  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Santa Isabel Municipio........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Toa Alta Municipio............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Toa Baja County...............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Trujillo Alto Municipio.......  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Utuado Municipio..............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Vega Alta Municipio...........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Vega Baja Municipio...........  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Vieques Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Villalba Municipio............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Yabucoa Municipio.............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    Yauco Municipio...............  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

0
57. Section 81.356 is amended as follows:
0
a. By revising the table heading for ``Virgin Islands--
PM2.5'' to read as set forth below.
0
b. By adding a new table entitled ``Virgin Islands--PM2.5
(24-Hour NAAQS)'' to the end of the section.

Sec.  81.356  Virgin Islands.

* * * * *

Virgin Islands--PM2.5 (Annual NAAQS)

* * * * *

                                              Virgin Islands--PM2.5
                                                 [24-hour NAAQS]
----------------------------------------------------------------------------------------------------------------
                                      Designation for the 1997 NAAQS \a\     Designation for the 2006 NAAQS \a\
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
Territory wide:
    St. Croix.....................  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    St. John......................  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
    St. Thomas....................  ..............  Unclassifiable/        ..............  Unclassifiable/
                                                     Attainment.                            Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after November 13, 2009, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

[FR Doc. E9-25711 Filed 11-12-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Page 55320]
[FR Doc No: 2019-22464]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4460-DR; Docket ID FEMA-2019-0001]

Arkansas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Arkansas (FEMA-4460-DR), dated September 13,
2019, and related determinations.

DATES: The declaration was issued September 13, 2019.

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 September 13, 2019, 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 Arkansas resulting from severe storms, straight-line winds,
tornadoes, and flooding during the period of June 23 to June 24,
2019, 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 Arkansas.
    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 Public 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
Public Assistance and Hazard Mitigation 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 Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Jerry S. Thomas, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Arkansas have been designated
as adversely affected by this major disaster:

    Madison, Newton, and Washington Counties for Public Assistance.
    All areas within the State of Arkansas 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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-22464 Filed 10-15-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26347-26349]
[FR Doc No: 2019-11765]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0679; FRL-9994-49-Region 10]

Air Plan Approval; OR: Infrastructure Requirements for the 2015
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: Whenever a new or revised National Ambient Air Quality
Standard (NAAQS) is promulgated, the Clean Air Act (CAA) requires
states to submit a plan for the implementation, maintenance, and
enforcement of the standard, commonly referred to as infrastructure
requirements. The Environmental Protection Agency (EPA) is approving
the Oregon Department of Environmental Quality's (ODEQ) State
Implementation Plan (SIP), submitted on September 25, 2018, as meeting
infrastructure requirements for the 2015 ozone NAAQS. In addition, the
EPA is approving the addition of an Oregon Administrative Rule to the
SIP, submitted as part of the Cleaner Air Oregon SIP submission on
December 11, 2018. This rule identifies the November 2018 edition of
the Code of Federal Regulations (CFR) as the CFR version referred to
throughout the state's rule.

DATES: This final rule is effective July 8, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0679. 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., CBI or
other information the disclosure of which is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and is publicly available only in hard copy form. Publicly
available docket materials are available at 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: Christi Duboiski, EPA Region 10, 1200
6th Ave., Suite 155, Seattle, WA 98101,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

I. Background Information

    On March 11, 2019, the EPA proposed to approve Oregon's September
25, 2018, SIP submission as meeting certain infrastructure requirements
of the CAA

for the 2015 ozone NAAQS (84 FR 8647). We also proposed to approve, and
incorporate by reference, an associated Oregon Administrative Rule
(OAR) update, submitted on December 11, 2018, as part of the Cleaner
Air Oregon program, which identifies the November 2018 edition of the
Code of Federal Regulations (CFR) as the CFR version referred to
throughout the state's rule. The public comment period for this
proposed action ended on April 10, 2019. The EPA did not receive
comments on the proposal.

II. Final Action

    The EPA is approving Oregon's September 25, 2018, SIP submission as
meeting specific infrastructure requirements of the Clean Air Act. We
find that the Oregon SIP meets the following Clean Air Act section
110(a)(2) infrastructure elements for the 2015 ozone NAAQS: (A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
We are also approving, and incorporating by reference at 40 CFR part
52, subpart MM, the OAR<PHONE_NUMBER>(1) Reference Materials, submitted
as part of the Cleaner Air Oregon SIP on December 11, 2018. The EPA is
approving these SIP revisions because they are consistent with section
110 of the CAA.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation by reference as described in
section II. Final Action, above, and the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
materials generally available through https://www.regulations.gov and
at the EPA Region 10 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 the EPA
for inclusion in the SIP, have been incorporated by reference by the
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
the 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).
---------------------------------------------------------------------------

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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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 CAA; 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).
    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 it 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 August 5, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 21, 2019.
Chris Hladick,
Regional Administrator, Region 10.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart MM--Oregon

0
2. Amend Sec.  52.1970 as follows:

0
a. In paragraph (c), table 2, by revising the entry ``200-0035''; and
0
b. In paragraph (e), table 5, by:
0
i. Revising the undesignated heading for ``110(a)(2) Infrastructure and
Intersate Transport''; and
0
 ii. Adding an entry for ``Infrastructure for the 2015 ozone NAAQS''
immediately after the entry for ``2015 Ozone NAAQS Interstate
Transport''.
    The revisions and addition read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

                           Table 2--EPA Approved Oregon Administrative Rules (OAR) \1\
----------------------------------------------------------------------------------------------------------------
   State citation         Title/subject       State effective date    EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Division 200--General Air Pollution Procedures and Definitions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
200-0035...........  Reference Materials...  12/11/2018 and 4/16/   6/6/2019, [Insert      OAR 200-0035(1); OAR
                                              2015.                  Federal Register       200-0035(2) and (3)
                                                                     citation] and 10/11/   previously approved.
                                                                     2017, 82 FR 47122.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ EPA's approval is limited to the extent the provisions relate to section 110 of the Clean Air Act and
  determining compliance with and for purposes of implementation of SIP-approved requirements.

* * * * *
    (e) * * *

         Table 5--State of Oregon Air Quality Control Program Approved but not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                      Applicable
     Name of SIP provision           geographic or          State      EPA approval date       Explanations
                                  nonattainment area   submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure for the 2015      Statewide...........      10/21/2018  6/6/2019, [Insert  This action addresses
 ozone NAAQS.                                                           Federal Register   the following CAA
                                                                        citation].         section 110(a)(2)
                                                                                elements: (A), (B),
                                                                                (C), (D)(i)(II),
                                                                                (D)(ii), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M).

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

[FR Doc. 2019-11765 Filed 6-5-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38283-38284]
[FR Doc No: 2015-16390]

Vol. 80

Thursday,

No. 127

July 2, 2015

Part II

Environmental Protection Agency

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

40 CFR Part 80

Approval of Alabama's Request To Relax the Federal Reid Vapor Pressure
Gasoline Volatility Standard for Birmingham, Alabama; Final Rule

Federal Register / Vol. 80 , No. 127 / Thursday, July 2, 2015 / Rules
and Regulations

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2014-0905; FRL 9929-91-OAR]
RIN 2060-AS58

Approval of Alabama's Request To Relax the Federal Reid Vapor
Pressure Gasoline Volatility Standard for Birmingham, Alabama

AGENCY: Environmental Protection Agency.

ACTION: Withdrawal of direct final rule.

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

SUMMARY: Due to the receipt of two adverse comments, the Environmental
Protection Agency (EPA) is withdrawing the May 7, 2015 direct final
rule to approve the request from Alabama to relax the Reid Vapor
Pressure (RVP) standard applicable to gasoline introduced into commerce
from June 1 to September 15 of each year in Jefferson and Shelby
counties, Alabama (``the Birmingham area''). The EPA is considering
these comments and will address the comments in a separate action. The
EPA will not institute a second comment period on this action.

DATES: The direct final rule published at 80 FR 26191 on May 7, 2015 is
withdrawn, effective July 2, 2015.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation
and Air Quality, Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, Michigan 48105; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On May 7, 2015 (80 FR 26191), the EPA
published a direct final rule to approve a request from the state of
Alabama to change the summertime gasoline RVP standard for Jefferson
and Shelby counties (``the Birmingham area'') from 7.8 pounds per
square inch (psi) to 9.0 psi by amending the EPA's regulations at 40
CFR 80.27(a)(2). In an April 17, 2015 final rule, the EPA approved a
state implementation plan (SIP) revision from the state of Alabama
which provided a technical demonstration that relaxing the federal RVP
requirement from 7.8 psi to 9.0 psi for gasoline sold from June 1 to
September 15 of each year in the Birmingham area would not interfere
with maintenance of the national ambient air quality standards (NAAQS)
in the Birmingham area. For more information on Alabama's SIP revision,
please refer to the April 17, 2015 rulemaking (80 FR 21170).
    In the May 7, 2015 direct final rule, the EPA stated that if
adverse comments were received by June 8, 2015, the rule would be
withdrawn and not take effect. The EPA received two comments. The EPA
is treating these comments as adverse. Therefore, the EPA is
withdrawing the direct final rule. The EPA will address these comments
in a separate final action based on the May 7, 2015 proposed rulemaking
(80 FR 26212). The EPA will not institute a second comment period on
this action.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures,
Air pollution control, Fuel additives, Gasoline, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.

    Dated: June 25, 2015.
Gina McCarthy,
Administrator.

    Accordingly, the amendment to 40 CFR 80.27 which published in the
Federal Register on May 7, 2015 at 80 FR 26191 is withdrawn as of July
2, 2015.

[FR Doc. 2015-16390 Filed 7-1-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Page 20270]
[FR Doc No: 2019-09568]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2019-0219]

Special Local Regulations; Crystal Pier Outrigger Race, San
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce special local regulations for the
Crystal Pier Outrigger Race on May 11, 2019. These special local
regulations are necessary to provide for the safety of the
participants, crews, spectators, sponsor vessels of the event and
general users of the waterway. During the enforcement period, persons
and vessels are prohibited from entering into, transiting through, or
anchoring within these regulated areas unless authorized by the Captain
of the Port, or his designated representative.

DATES: The regulations in 33 CFR 100.1101 will be enforced for the
Crystal Pier Outrigger Race regulated areas from 7 a.m. to 5 p.m. on
May 11, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Briana Biagas,
Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone
(619) 278-7656, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.1101 for the Crystal Pier Outrigger Race
regulated areas from 7 a.m. to 5 p.m. on May 11, 2019. This action is
being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for recurring marine events in the
San Diego Captain of the Port Zone, Sec.  100.1101, specifies the
location of the regulated areas for the Crystal Pier Outrigger Race
which encompasses portions of Mission Bay, the Main Entrance Channel,
Sail Bay, Fiesta Bay, South Shore Channel, and waters adjacent to Crown
Point Beach Park. Under the provisions of 33 CFR 100.1101, persons and
vessels are prohibited from entering into, transiting through, or
anchoring within this regulated area unless authorized by the Captain
of the Port, or his designated representative. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners, Broadcast Notice to Mariners,
and local advertising by the event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.

    Dated: April 18, 2019.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2019-09568 Filed 5-8-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: November 7, 2005 (Volume 70, Number 214)]
[Notices]
[Page 67466-67467]
[DOCID:fr07no05-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-9-000]

Florida Gas Transmission Company; Notice of Application

November 1, 2005.
    Take notice that on October 20, 2005, Florida Gas Transmission
Company (FGT), 5444 Westheimer, Houston, Texas 77056, filed in Docket
No. CP06-9-000, an application pursuant to sections 7(b) and (c) of the
Natural Gas Act (NGA), and part 157 of the Commission's regulations
requesting: (i) Approval to abandon certain mainline pipeline; and (ii)
a certificate of public convenience and necessity to construct, and
operate mainline pipeline, valves, and ancillary facilities to replace
the abandoned facilities. The project is designed to relocate a portion
of FGT's pipeline system due to a widening project involving 11.3 miles
of State Road 91 in Broward County, Florida to be undertaken by the
Florida Department of Transportation/Florida Turnpike Enterprise (FDOT/
FTE), all as more fully set forth in the application which is on file
with the Commission and open to public inspection. The filing may also
be viewed on the Web at http://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, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,

contact<PHONE_NUMBER>.
    Specifically, FGT proposes to replace its existing 18-inch and 24-
inch diameter pipeline with a single 36-inch diameter pipeline. The
existing 18-inch and 24-inch diameter pipeline will be abandoned in
place, with the exception of pipe segments that can be safely removed
without harm to existing roads and roadway structures. The proposed
project has an estimated cost of $110.2 million.
    Any questions regarding this application should be directed to
Stephen T. Veatch, Sr., Director, Certificates and Tariffs (713) 989-
2024, Florida Gas Transmission Company (FGT), 5444 Westheimer Road,
Houston, Texas 77056-5306.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    Persons who wish to comment only on the environmental review of
this project, or in support of or in opposition to this project, should
submit an original and two copies of their comments to the Secretary of
the Commission. Environmental commenters will be placed on the
Commission's environmental mailing list, will receive copies of the
environmental documents, and will be notified of meetings associated
with the Commission's environmental review process. Environmental
commenters will not be required to serve copies of filed documents on
all other parties. The Commission's rules require that persons filing
comments in opposition to the project provide copies of their protests
only to the applicant. However, the non-party commenters will not
receive copies of all documents filed by other parties or issued by the
Commission (except for the mailing of environmental documents issued by
the Commission) and will not have the right to seek court review of the
Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

    Comment Date: November 21, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6154 Filed 11-4-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27184-27186]
[FR Doc No: 2016-10472]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77749; File No. SR-NYSEMKT-2016-47]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 967.1NY
Regarding Price Protection for Market Maker Quotes

April 29, 2016.
    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 April 27, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 967.1NY regarding price
protection for Market Maker quotes. The proposed rule change is
available on the Exchange's Web site 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 is proposing to amend Rule 967.1NY regarding price
protection for Market Maker quotes.
    Rule 967.1NY provides two layers of price protection to incoming
Market Maker quotes, rejecting those Market Maker quotes that exceed
certain parameters, as a risk mitigation tool.\4\ The Exchange proposes
to modify Rule 967.1NY(a)(2) and (3), which relates to the second layer
of protection, the ``Underlying Price Check,'' which assesses the price
of call or put bids against a specified benchmark. The Underlying Price
Check applies to bids in call options or put options when (1) there is
no NBBO available, for example, during pre-opening or prior to
conducting a re-opening after a trading halt, or (2) if the NBBO is so
wide as to not reflect an appropriate price for the respective options
series.\5\
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    \4\ The first layer of protection, referred to as the NBBO
Reasonability Check, assesses incoming sell quotes against the
National Best Bid (``NBB'') and incoming buy quotes against the
National Best Offer (``NBO''). Specifically, per Rule 967.1NY(a)(1),
provided that an NBBO is available, a Market Maker quote would be
rejected if it is priced a specified dollar amount or percentage
through the contra-side NBBO. The Exchange has implemented the NBBO
Reasonability Check and does not propose to modify rule text related
to this feature.
    \5\ See Rule 967.1NY, Commentary .01 (directing ATP Holders to
consult Trader Updates for additional information regarding the
implementation schedule for paragraphs (a)(2) and (a)(3) of the
Rule, with final implementation of such paragraphs to be completed
by no later than July 31, 2016).
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    To date, the Exchange has not implemented the Underlying Price
Check because of technological issues discovered shortly after the
Exchange adopted the rule. However, the Exchange has finalized the
technology related to this aspect of the Rule and proposes to modify
the Rule as it relates to the Underlying Price Check.\6\ Specifically,
the Exchange proposes to exclude certain securities that do not have
reliable (or, in some cases, any available) underlying consolidated
last sale information (``last sale'') against which to perform the
Underlying Price Check because, in the absence of reliable price data,
the Underlying Price Check may result in Market Maker quotes being
rejected too frequently. Accordingly, the Exchange proposes to modify
Commentary .01 to the Rule to provide that the Underlying Price Check
would not apply to ``(i) any options series for which the underlying
security has a non-standard cash or stock deliverable as part of a
corporate action; (ii) any options series for which the underlying
security is identified as over-the-counter (``OTC'')\7\; (iii) any
option series on an index; (iv) Binary Return Derivatives (``ByRDs'')''
(the ``Excluded Options'').\8\ The proposed change would enable the
Exchange to implement this price protection feature and apply it to
securities for which there is reliable price data for the underlying
security to perform the check. Specifically, the Exchange would exclude
any options series for which the underlying security has a non-standard
cash or stock deliverable as part of a corporate action because the
last sale information would not have been adjusted for the non-standard
deliverable, and would therefore be unreliable.\9\ Options in OTC would
be considered Excluded Options because unlike listed securities, the
Exchange does not receive an active data feed with last sale
information for OTC securities. The Exchange would exclude any options
series overlying a stock index because such indices do not have last
sale information. Similarly, the Exchange would exclude options on
ByRDs because ByRDS track a value weighted average price (``VWAP'') and
not the last sale of the underlying security.\10\ The Exchange notes
the Excluded Options would continue to be subject to the NBBO
Reasonability Check, which is the first layer of price protection (see
supra n. 4) when there is a reliable NBBO and, thus, Market Maker
quotes in these securities are not without price protection on the
Exchange.
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    \6\ See Securities Exchange Act Release No. 74440 (March 4,
2015), 80 FR 12687 (March 10, 2015) (SR-NYSEMKT-2014-116) (Approval
Order); see also Securities Exchange Act Release No. 74017 (January
8, 2015), 80 FR 1979 (January 14, 2015) (SR-NYSEMKT-2014-116)
(Notice). See also Securities Exchange Act Release Nos. 75151 (June
11, 2015), 80 FR 34770 (June 17, 2015) (SR-NYSEMKT-2015-42)
(modifying rule related to the Underlying Price Check to allow for
implementation of the feature by March 4, 2016); 77356 (March 14,
2016), 81 FR 14917 (March 18, 2015) (SR-NYSEMKT-2016-36) (extending
March 4, 2016 deadline until July 31, 2016).
    \7\ Options on OTC securities, which are not considered NMS
stocks, are subject to trading pursuant to Rule 916 (Withdrawal of
Approval of Underlying Securities), Commentary .01(5). The
Commission notes that Rule 916 provides for the continued listing of
options on underlying securities that no longer meet the criteria
for listing and trading on the Exchange.
    \8\ See proposed Rule 967.1NY, Commentary .01. See also proposed
Rule 967.1NY (a)(2) and (3) (providing that the Underlying Price
Check would apply, ``except as provided in Commentary .01 to this
Rule'').
    \9\ Corporate actions such as mergers or reorganizations can
result in options being adjusted to a non-standard deliverable.
    \10\ See generally Section 17, Binary Return Derivatives, Rules
900ByRDs-980ByRDs. ByRDs are European-style option contracts on
individual stocks, exchange-traded funds and Index-Linked Securities
that have a fixed return in cash based on a set strike price.
---------------------------------------------------------------------------

    The Exchange also proposes to exempt from the Underlying Price
Check any option series for which the Exchange determines it is
necessary to exclude underlying securities in the interests of
maintaining a fair and

orderly market.\11\ The Exchange believes this proposed change would
enable the Exchange to exclude option series, other than Excluded
Options, from the Underlying Price Check if the Exchange determines
that the price protection feature would not function as intended.\12\
For example, if the last sale is zero, for whatever reason, the
Exchange would have the discretion to forego the Underlying Price Check
for a particular call bid. Similarly, if there was some other event or
change that impacted the underlying security (for example if there was
a change to the ticker symbol for the underlying security), the
Exchange would retain discretion to exclude the affected options series
from the Underlying Price Check. The Exchange notes that another
options exchange likewise has retained discretion to withhold price
protection features consistent with the Underlying Price Check.\13\ If
the Exchange determines that the Underlying Price Check should not
apply in the interest of maintaining a fair and orderly market, as
proposed, the Exchange would announce this decision by electronic
message to ATP Holders that request to receive such messages.
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    \11\ See proposed Rule 967.1NY, Commentary .01. See also
proposed Rule 967.1NY (a)(2) and (3) (providing that the Underlying
Price Check would apply, ``except as provided in Commentary .01 to
this Rule'').
    \12\ The Exchange would document, retain, and periodically
review any Exchange decision to not apply the Underlying Price
Check, including the reason for the decision.
    \13\ See Securities Exchange Act Release No. 76960 (January 21,
2016), 81 FR 4728 (January 27, 2016) (SR-CBOE-2015-107) (approving
price protection mechanisms for quotes and orders, which includes
the Chicago Board Options Exchange, Inc. retaining discretion to
withhold its Put Strike Price and Call Underlying Value Checks).
---------------------------------------------------------------------------

Implementation
    The Exchange will announce the implementation date of the proposed
rule change, which will be before July 31, 2016, by Trader Update.\14\
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    \14\ See supra n. 5. Once implemented, the Exchange will file a
separate proposed rule change to delete text in Commentary .01
regarding the July 31, 2016 implementation deadline.
---------------------------------------------------------------------------

2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Securities Exchange Act of 1934 (the ``Act''),\15\ which
requires the rules of an exchange to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange believes the proposed modifications would remove
impediments to and perfect the mechanism of a free and open market and
would protect investors and the public interest because it would exempt
from the Underlying Price Check those Excluded Options for which there
is no reliable pricing data for the underlying security or index to
perform the Check properly. Similarly, the Exchange believes the
proposal to exclude any option series for which the Exchange determines
it is necessary to exclude underlying securities in the interests of
maintaining a fair and orderly market would likewise protect investors
and the public interest because this change would enable the Exchange
to ensure that the Underlying Price Check operates as intended (i.e.,
when there is reliable price data against which to perform the Check).
Absent the proposed modification, otherwise acceptable Market Maker
quotes would be erroneously rejected upon arrival because the
Underlying Price Check would deem such quotes to be at prices that are
through the (unreliable) last sale price, which would be disruptive to
Market Makers that provide necessary liquidity to the Exchange. Thus,
the Exchange believes that this proposal meets these requirements
because it would assist with the maintenance of a fair and orderly
market by allowing the Exchange to implement the Underlying Price Check
to work as intended--to reduce the risk of Market Maker quotes sweeping
through multiple price points resulting in executions at prices that
are through the last sale price and potentially erroneous.
    Finally, the Exchange believes the proposed change would promote
just and equitable principles of trade because it would enable the
Exchange to implement the second layer of price protection for when an
NBBO is not available, which would further assist the Exchange in
avoiding the processing of erroneous quotes that otherwise may cause
price dislocation before such quotes could cause harm to the market.

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

    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 the
proposal would not unduly burden any particular group of market
participants trading on the Exchange vis-[agrave]-vis another group
(i.e., Market Markers versus non-Market Makers) as the Underlying Price
Check, as modified, is designed to address the unique role of Market
Makers to enter two-sided quotations in their appointments and would
apply equally to all Market Makers. Moreover, the Exchange believes the
proposal would provide market participants with additional protection
from anomalous executions while ensuring that the Underlying Price
Check would not be performed in instances where the Exchange lacks
reliable pricing data for the underlying security. Thus, the Exchange
does not believe the proposal creates any significant impact on
competition. The Exchange believes this proposal is pro-competitive as
it allows the Exchange to implement the second layer of price
protection, which may encourage Market Makers to quote tighter deeper
markets, which will increase liquidity and enhance competition.

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

    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) \16\ of the Act and Rule 19b-
4(f)(6) thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
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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. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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-NYSEMKT-2016-47 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-NYSEMKT-2016-47. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should referto File Number SR-NYSEMKT-2016-47, and should
be submitted on or before May 26, 2016.

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

Brent J. Fields,
Secretary.
[FR Doc. 2016-10472 Filed 5-4-16; 8:45 am]
 BILLING CODE 8011-01-P