[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Page 1721]
[FR Doc No: 2019-00960]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-29-000]

Notice of Institution of Section 206 Proceedings and Refund
Effective Date; GridLiance High Plains LLC, GridLiance West LLC

    On January 29, 2019, the Commission issued an order in Docket No.
EL19-29-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into whether the
existing formula rates of two of GridLiance Heartland LLC's
affiliates--GridLiance High Plains LLC \1\ and GridLiance West LLC--may
be unjust, unreasonable, unduly discriminatory, or preferential.
GridLiance Heartland LLC, et al., 166 FERC ] 61,067 (2019).
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    \1\ GridLiance High Plains LLC was formerly known as South
Central MCN LLC.
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    The refund effective date in Docket No. EL19-29-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL19-29-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21
days of the date of issuance of the order.

    Dated: January 29, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-00960 Filed 2-4-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Notices]
[Pages 66394-66395]
[FR Doc No: 2013-26412]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30771; 812-14185]

OFS Capital Corporation, et al.; Notice of Application

October 30, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 18(a) and 61(a) of the Act.

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APPLICANTS: OFS Capital Corporation (the ``Company''), OFS Capital
Management, LLC (the ``Investment Adviser''), Tamarix Capital G.P. LLC
(the ``General Partner''), and Tamarix Capital Partners, L.P. (``OFS
SBIC'').

SUMMARY OF THE APPLICATION: The Company requests an order to permit it
to adhere to a modified asset coverage requirement.

FILING DATES: The application was filed July 29, 2013, and amended on
October 4, 2013 and October 28, 2013.

HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on November 25, 2013 and should be accompanied by proof of service
on the Applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Glenn R. Pittson,
OFS Capital Corporation, 2850 West Golf Road, Suite 520, Rolling
Meadows, Illinois 60008.

FOR FURTHER INFORMATION CONTACT: David J. Marcinkus, Senior Counsel, at
(202) 551-6882, or David P. Bartels, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Exemptive Applications Office).

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

Applicants' Representations

    1. The Company, a Delaware corporation, is an externally managed,
non-diversified, closed-end management investment company that has
elected to be regulated as a business

development company (``BDC'') under the Act.\1\ The Company's
investment objective is to provide its stockholders with both current
income and capital appreciation primarily through debt investments and,
to a lesser extent, equity investments. The Investment Adviser, a
Delaware limited liability company, is the investment adviser to the
Company. The Investment Adviser is registered under the Investment
Advisers Act of 1940.
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    \1\ Section 2(a)(48) defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in section 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
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    2. OFS SBIC, a Delaware limited partnership, is a small business
investment company (``SBIC'') licensed by the Small Business
Administration (``SBA'') to operate under the Small Business Investment
Act of 1958 (``SBIA''). OFS SBIC is excluded from the definition of
investment company by section 3(c)(7) of the Act. The Company currently
owns a 67.5 percent limited partnership interest in OFS SBIC.\2\ The
General Partner, a Delaware limited liability company, is the general
partner of OFS SBIC. The General Partner owns 1% of OFS SBIC in the
form of a general partner interest.
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    \2\ The Company intends to acquire all of the remaining limited
partnership interests in OFS SBIC that are currently owned or
subscribed for by other persons. The Company also intends to acquire
all of the membership interests in the General Partner. The Company
currently holds a 23.35 percent membership interest in the General
Partner. Acquiring the limited partnership interests in OFS SBIC and
the membership interests in the General Partner (the
``Transaction'') requires prior SBA approval, and there can be no
assurance if and when the SBA will grant this approval. Once the
Transaction is complete, OFS SBIC will be a SBIC Subsidiary (defined
below), the General Partner will be a wholly-owned subsidiary of the
Company, and each of OFS SBIC and the General Partner will be
consolidated with the Company for financial reporting purposes.
However, until the Transaction is completed, the Company will not
rely on requested order with respect to OFS SBIC.
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Applicants' Legal Analysis

    1. The Company requests an exemption pursuant to section 6(c) of
the Act from the provisions of sections 18(a) and 61(a) of the Act to
permit it to adhere to a modified asset coverage requirement with
respect to any direct or indirect wholly-owned subsidiary of the
Company that is licensed by the SBA to operate under the SBIA as a SBIC
and relies on Section 3(c)(7) for an exemption from the definition of
``investment company'' under the 1940 Act (each, a ``SBIC
Subsidiary'').\3\ Applicants state that companies operating under the
SBIA, such as the SBIC Subsidiary, will be subject to the SBA's
substantial regulation of permissible leverage in their capital
structure.
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    \3\ All existing entities that currently intend to rely on the
order are named as applicants. Any other existing or future entity
that may rely on the order in the future will comply with the terms
and condition of the order.
---------------------------------------------------------------------------

    2. Section 18(a) of the Act prohibits a registered closed-end
investment company from issuing any class of senior security or selling
any such security of which it is the issuer unless the company complies
with the asset coverage requirements set forth in that section. Section
61(a) of the Act makes section 18 applicable to BDCs, with certain
modifications. Section 18(k) exempts an investment company operating as
an SBIC from the asset coverage requirements for senior securities
representing indebtedness that are contained in section 18(a)(1)(A) and
(B).
    3. Applicants state that the Company may be required to comply with
the asset coverage requirements of section 18(a) (as modified by
section 61(a)) on a consolidated basis because the Company may be
deemed to be an indirect issuer of any class of senior security issued
by OFS SBIC or another SBIC Subsidiary. Applicants state that applying
section 18(a) (as modified by section 61(a)) on a consolidated basis
generally would require that the Company treat as its own all assets
and any liabilities held directly either by itself, by OFS SBIC, or by
another SBIC Subsidiary. Accordingly, the Company requests an order
under section 6(c) of the Act exempting the Company from the provisions
of section 18(a) (as modified by section 61(a)), such that senior
securities issued by each SBIC Subsidiary that would be excluded from
the SBIC Subsidiary's asset coverage ratio by section 18(k) if it were
itself a BDC would also be excluded from the Company's consolidated
asset coverage ratio.
    4. Section 6(c) of the Act, in relevant part, permits the
Commission to exempt any transaction or class of transactions from any
provision of the Act if and to the extent that such exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act. Applicants state that the requested relief
satisfies the section 6(c) standard. Applicants contend that, because
the SBIC Subsidiary would be entitled to rely on section 18(k) if it
were a BDC itself, there is no policy reason to deny the benefit of
that exemption to the Company.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    The Company shall not issue or sell any senior security, and the
Company shall not cause or permit OFS SBIC or any other SBIC Subsidiary
to issue or sell any senior security of which the Company, OFS SBIC or
any other SBIC Subsidiary is the issuer except to the extent permitted
by section 18 (as modified for BDCs by section 61) of the Act; provided
that, immediately after the issuance or sale by any of the Company, OFS
SBIC or any other SBIC Subsidiary of any such senior security, the
Company, individually and on a consolidated basis, shall have the asset
coverage required by section 18(a) of the Act (as modified by section
61(a)). In determining whether the Company has the asset coverage on a
consolidated basis required by section 18(a) of the Act (as modified by
section 61(a)), any senior securities representing indebtedness of a
SBIC Subsidiary if that SBIC Subsidiary has issued indebtedness that is
held or guaranteed by the SBA shall not be considered senior securities
and, for purposes of the definition of ``asset coverage'' in section
18(h), shall be treated as indebtedness not represented by senior
securities.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-26412 Filed 11-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Page 23563]
[FR Doc No: 2017-10510]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER13-1504-003; ER10-2861-002; ER10-2866-002.
    Applicants: SWG Arapahoe, LLC, SWG Colorado, LLC, Fountain Valley
Power, L.L.C.
    Description: Supplement to December 28, 2016 Triennial Market Power
Analysis for the Northwest Region of the Southwest Generation Operating
Company Sellers.
    Filed Date: 5/16/17.
    Accession Number: 20170516-5113.
    Comments Due: 5 p.m. ET 6/6/17.

    Docket Numbers: ER17-1612-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of Service
Agreement No. 3637, Queue No. Y1-084 to be effective 3/27/2017.
    Filed Date: 5/16/17.
    Accession Number: 20170516-5082.
    Comments Due: 5 p.m. ET 6/6/17.

    Docket Numbers: ER17-1613-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Wholesale Market
Participation Agreement No. 4700; Queue No. AC1-030 to be effective 4/
25/2017.
    Filed Date: 5/16/17.
    Accession Number: 20170516-5087.
    Comments Due: 5 p.m. ET 6/6/17.

    Docket Numbers: ER17-1614-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-Due West RS No. 329
Revised PPA to be effective 1/1/2016.
    Filed Date: 5/17/17.
    Accession Number: 20170517-5007.
    Comments Due: 5 p.m. ET 6/7/17.

    Docket Numbers: ER17-1615-000.
    Applicants: McCallum Enterprises I Limited Partnership.
    Description: Request for Waiver of McCallum Enterprises I Limited
Partnership.
    Filed Date: 5/11/17.
    Accession Number: 20170511-5080.
    Comments Due: 5 p.m. ET 6/1/17.

    Docket Numbers: ER17-1616-000.
    Applicants: Solios Power Trading LLC.
    Description: Tariff Cancellation: Cancellation of Market Based Rate
Tariff to be effective 5/22/2017.
    Filed Date: 5/17/17.
    Accession Number: 20170517-5044.
    Comments Due: 5 p.m. ET 6/7/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 17, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-10510 Filed 5-22-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]
[Page 24689-24690]
[DOCID:fr05my10-76]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0410; FRL-9145-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Pressure Sensitive Tape
and Label Surface Coating Operations (Renewal), EPA ICR Number 0658.10,
OMB Control Number 2060-0004

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before June 4, 2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0410, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina, 27711; telephone number: (919)
541-0296; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 8, 2009 (74 FR 32580), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2009-0410, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.

    Title: NSPS for Pressure Sensitive Tape and Label Surface Coating
Operations (Renewal).
    ICR Numbers: EPA ICR Number 0658.10, OMB Control Number 2060-0004.
    ICR Status: This ICR is scheduled to expire on May 31, 2010. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This Information Collection Request (ICR) renewal is
being submitted for the NSPS for Pressure Sensitive Tape and Label
Surface Coating Operations (40 CFR part 60, subpart RR), which were
promulgated on October 18, 1983. These regulations apply to each
coating line used in the manufacture of pressure sensitive tape and
label materials, and on which construction or reconstruction commenced
after the proposal date. Facilities that input 45 megagrams of volatile
organic compounds (VOC) or less per 12 month period are not subject to
the emission limit established by the subpart. The affected entities
are subject to the General Provisions of the NSPS at 40 CFR part 60
subpart A and any changes, or additions to the Provisions specified at
40 CFR part 60, subpart RR.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 25.21
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of pressure
sensitive tape and label surface coating operations.
    Estimated Number of Respondents: 37.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 3,353.
    Estimated Total Annual Cost: $387,141 which includes $315,341 in
labor costs, $7,000 in capital/startup costs, and $64,800 in operation
and maintenance (O&M) costs.
    Changes in the Estimates: There is no change in the labor hours or
cost to the respondents in this ICR compared to the previous ICR
because the regulations have not changed over the past three years and
are not anticipated to change over the next three years. Since this ICR
renewal was approved to be processed under the ``Expedited Approach''
option, EPA has maintained the same estimate for the number of sources
currently subject to this standard as indicated in the most recently
approved ICR. Therefore, the labor hours figures in the previous ICR
reflect the current burden to the respondents and are reiterated in
this ICR.

    Dated: April 29, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-10532 Filed 5-4-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Rules and Regulations]
[Page 55156-55158]
[DOCID:fr27oc09-21]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1067]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the FEMA Assistant
Administrator for Mitigation reconsider the changes. The modified BFEs
may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Engineering Management
Branch, Mitigation Directorate, Federal Emergency Management Agency,
500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Date and name of
         State and county            Location and case      newspaper where     Chief executive officer    Effective date of modication    Community No.
                                            No.          notice was published         of community
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Shelby..................  City of Montevallo    June 11, 2009; June   The Honorable Ben          October 16, 2009..............          010349
                                    (08-04-6211P).        18, 2009; The         McCrory, Mayor, City of
                                                          Birmingham News.      Montevallo, 545 Main
                                                                                Street, Montevallo, AL
                                                                                35115.
California:

    San Bernardino...............  City of Redlands (09- June 11, 2009; June   The Honorable Jon          May 29, 2009..................          060279
                                    09-0076P).            18, 2009; Redlands    Harrison, Mayor, City of
                                                          Daily Facts.          Redlands, 35 Cajon
                                                                                Street, Suite 200,
                                                                                Redlands, CA 92373.
    San Diego....................  City of San Diego     June 10, 2009; June   The Honorable Jerry        October 15, 2009..............          060295
                                    (09-09-0194P).        17, 2009; San Diego   Sanders, Mayor, San
                                                          Transcript.           Diego County, 202 C
                                                                                Street, 11th Floor, San
                                                                                Diego, CA 92101.
    San Diego....................  Unincorporated areas  June 17, 2009; June   The Honorable Dianne       October 22, 2009..............          060284
                                    of San Diego County   24, 2009; San Diego   Jacob, Chairwoman, San
                                    (09-09-0374P).        Transcript.           Diego County Board of
                                                                                Supervisors, 1600
                                                                                Pacific Highway, Room
                                                                                335, San Diego, CA 92101.
    Ventura......................  City of Oxnard (09-   June 11, 2009; June   The Honorable Thomas       May 29, 2009..................          060417
                                    09-1399P).            18, 2009; Ventura     Holden, Mayor, City of
                                                          Star.                 Oxnard, 300 West 3rd
                                                                                Street, Oxnard, CA 93030.
Colorado: Adams & Arapahoe.......  City of Aurora (09-   June 11, 2009; June   The Honorable Ed Tauer,    October 16, 2009..............          080002
                                    08-0361P).            18, 2009; Aurora      Mayor, City of Aurora,
                                                          Sentinel.             15151 East Alameda
                                                                                Parkway, Aurora, CO
                                                                                80012.
Connecticut:
    Hartford.....................  Town of Farmington    March 23, 2009;       The Honorable Michael      July 28, 2009.................          090029
                                    (09-01-0125P).        March 30, 2009; The   Clark, Chair, Town of
                                                          Hartford Courant.     Farmington Council, 1
                                                                                Monteith Drive,
                                                                                Farmington, CT 06032.
    New Haven....................  Town of Branford (09- June 11, 2009; June   The Honorable Anthony      May 29, 2009..................          090073
                                    01-0507P).            18, 2009; Branford    DaRos, First Selectman,
                                                          Sound.                Town of Branford, P.O.
                                                                                Box 150, Branford, CT
                                                                                06405.
Colorado:
    Douglas......................  Unincorporated areas  May 21, 2009; May     The Honorable Jack         September 25, 2009............          080049
                                    of Douglas County     28, 2009; Douglas     Hilbert, Chairman,
                                    (09-08-0431P).        County News Press.    Douglas County Board of
                                                                                Commissioners, 100 3rd
                                                                                Street, Castle Rock, CO
                                                                                80104.
    Douglas......................  Town of Parker (09-   May 21, 2009; May     The Honorable David        September 25, 2009............          080310
                                    08-0431P).            28, 2009; Douglas     Casiano. Mayor, Town of
                                                          County News Press.    Parker, 20120 East Main
                                                                                Street, Parker, CO 80138.
    Summit.......................  Town of Silverthorne  June 5, 2009; June    The Honorable David Koop,  May 22, 2009..................          080201
                                    (08-08-0785P).        12, 2009; Summit      Mayor, Town of
                                                          County Journal.       Silverthorne, P.O. Box
                                                                                1309, Silverthorne, CO
                                                                                80498.
Delaware: New Castle.............  Unincorporated areas  June 9, 2009; June    Mr. Christopher Coons,     October 13, 2009..............          105085
                                    of New Castle         16, 2009; The News    County Executive, New
                                    County (09-03-        Journal.              Castle County, 87 Reads
                                    0923P).                                     Way Corporate Commons,
                                                                                New Castle, DE 19720.
Florida: Lee.....................  Unincorporated areas  June 8, 2009; June    The Honorable Ray Judah,   May 27, 2009..................          125124
                                    of Lee County (09-    15, 2009; Fort        Chairman, Lee County,
                                    04-3111P).            Myers News-Press.     Board of Commissioners,
                                                                                Post Office Box 398,
                                                                                Fort Myers, FL 33902.
Georgia:
    Columbia.....................  Unincorporated areas  June 14, 2009; June   The Honorable Ron C.       May 29, 2009..................          130059
                                    of Columbia County    21, 2009; Columbia    Cross, Chairman,
                                    (09-04-2902P).        County News Times.    Columbia County Board of
                                                                                Commissioners, P.O. Box
                                                                                498, Evans, GA 30809.
    Columbia.....................  City of Grovetown     June 14, 2009; June   The Honorable George W.    May 29, 2009..................          130265
                                    (09-04-2902P).        21, 2009; Columbia    James III, Mayor, City
                                                          County News Times.    of Grovetown, 201
                                                                                Williams Street,
                                                                                Grovetown, GA 30813.
Idaho: Canyon....................  Unincorporated areas  May 11, 2009; May     The Honorable David        April 30, 2009................          160208
                                    of Canyon County      18, 2009; Idaho       Ferdinand, Chairman,
                                    (08-10-0685P).        Press Tribune.        Canyon County Board of
                                                                                Commissioners, 1115
                                                                                Albany Street, Caldwell,
                                                                                ID 83605.
Kansas:
    Sedgwick.....................  Unincorporated areas  April 20, 2009,       The Honorable Kelly        August 25, 2009...............          200321
                                    of Sedgwick County    April 27, 2009,       Parks, Chairman,
                                    (08-07-1331P).        Wichita Eagle.        Sedgwick County Board of
                                                                                Commissioners, County
                                                                                Courthouse, 525 North
                                                                                Main Street, Wichita, KS
                                                                                67203.
    Sedgwick.....................  City of Valley        April 20, 2009;       The Honorable Michael D.   August 25, 2009...............          200327
                                    Center (08-07-        April 27, 2009;       McNown, Mayor, City of
                                    1331P).               Wichita Eagle.        Valley Center, P.O. Box
                                                                                188, Valley Center, KS
                                                                                67147.
Michigan: Macomb.................  Township of Shelby    June 21, 2009; June   The Honorable Richard      October 19, 2009..............          260126
                                    (09-05-0484P).        28, 2009; The         Stathakis, Supervisor,
                                                          Source.               Shelby Township, 52700
                                                                                Van Dyke Avenue, Shelby
                                                                                Township, MI 48316.
Nebraska: Lincoln................  City of North Platte  June 25, 2009; July   The Honorable Marc         June 15, 2009.................          310143
                                    (09-07-1206P).        2, 2009; North        Kaschke, Mayor, City of
                                                          Platte Telegraph.     North Platte, 211 West
                                                                                3rd Street, North
                                                                                Platte, NE 69101.
Ohio: Lucas......................  City of Toledo (09-   June 3, 2009; June    The Honorable Carleton S.  May 21, 2009..................          395373
                                    05-0642P).            10, 2009; Toledo      Finkbeiner, Mayor, City
                                                          Blade.                of Toledo, 1 Government
                                                                                Center, 640 Jackson
                                                                                Street, Suite 2200,
                                                                                Toledo, OH 43604.
Tennessee: Wilson................  City of Mt. Juliet    June 19, 2009; June   The Honorable Linda Elam,  June 10, 2009.................          470290
                                    (09-04-1406P).        26, 2009; Lebanon     Mayor, City of Mount
                                                          Democrat.             Juliet, 2425 North Mount
                                                                                Juliet Road, Mount
                                                                                Juliet, TN 37122.
Texas:
    Bexar........................  City of San Antonio   June 10, 2009; June   The Honorable Phil         October 15, 2009..............          480045
                                    (09-06-0261P).        17, 2009; San         Hardberger, Mayor, City
                                                          Antonio Express       of San Antonio, P.O. Box
                                                          News.                 839966, San Antonio, TX
                                                                                78283.

    Cherokee.....................  City of Jacksonville  June 9, 2009; June    The Honorable Robert N.    October 14, 2009..............          480123
                                    (09-06-0483P).        16, 2009;             Haberle, Mayor, City of
                                                          Jacksonville Daily    Jacksonville, P.O. Box
                                                          Progress.             1390, Jacksonville, TX
                                                                                75766.
    Tarrant......................  City of Fort Worth    April 3, 2009, April  The Honorable Michael J.   March 25, 2009................          480596
                                    (09-06-1123P).        10, 2009, Fort        Moncrief, Mayor, City of
                                                          Worth Star Telegram.  Fort Worth, 1000
                                                                                Throckmorton Street,
                                                                                Fort Worth, TX 76102.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. E9-25860 Filed 10-26-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5429-5430]
[FR Doc No: 2020-01682]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0072; FRL-10004-46-OAR]

Release of a Final Document Related to the Review of the National
Ambient Air Quality Standards for Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of a document titled, Policy Assessment for the Review of
the National Ambient Air Quality Standards for Particulate Matter (PA).
This document was prepared as part of the current review of the
National Ambient Air Quality Standards (NAAQS) for Particulate Matter
(PM). Building on the Integrated Science Assessment for Particulate
Matter (ISA), completed in December 2019, the PA is intended to
``bridge the gap'' between the currently available scientific
information and the judgments required of the Administrator in
determining whether to retain or revise the existing NAAQS for PM.

DATES: The PA will be made available on or about January 27, 2020.

ADDRESSES: This document will be available primarily via the internet
at https://www.epa.gov/naaqs/particulate-matter-pm-air-quality-standards.

FOR FURTHER INFORMATION CONTACT: Dr. Scott Jenkins, Office of Air
Quality Planning and Standards (Mail Code C504-06), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; telephone number:
919-541-1167; fax number:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  Two sections of the Clean Air Act (CAA)
govern the establishment and revision of the NAAQS. Section 108 (42
U.S.C. 7408) directs the Administrator to identify and list certain air
pollutants and then to issue air quality criteria for those pollutants.
The Administrator is to list those air pollutants that in his
``judgment, cause or contribute to air pollution which may reasonably
be anticipated to endanger public health or welfare''; ``the presence
of which in the ambient air results from numerous or diverse mobile or
stationary sources''; and ``for which . . . [the Administrator] plans
to issue air quality criteria . . .'' (42 U.S.C. 7408(a)(1)(A)-(C)).
Air quality criteria are intended to ``accurately reflect the latest
scientific knowledge useful in indicating the kind and extent of all
identifiable effects on public health or welfare which may be expected
from the presence of [a] pollutant in the ambient air . . .'' (42
U.S.C. 7408(a)(2)). Under section 109 (42 U.S.C. 7409), the EPA
establishes primary (health-based) and secondary (welfare-based) NAAQS
for pollutants for which air quality criteria are issued. Section
109(d) requires periodic review and, if appropriate, revision of
existing air quality criteria. The revised air quality criteria reflect
advances in scientific knowledge on the effects of the pollutant on
public health or welfare. The EPA is also required to periodically
review and revise the NAAQS, if appropriate, based on the revised
criteria. Section 109(d)(2) requires that an independent scientific
review committee ``shall complete a review of the criteria . . . and
the national primary and secondary ambient air quality standards . . .
and shall recommend to the Administrator any new . . . standards and
revisions of the existing criteria and standards as may be appropriate
. . . .'' Since the early 1980s, this independent review function has
been performed by the Clean Air Scientific Advisory Committee (CASAC).
    Presently, the EPA is reviewing the air quality criteria and NAAQS
for PM. The EPA's overall plan for this review is presented in the
Integrated Review Plan for the National Ambient Air Quality Standards
for Particulate Matter (IRP).\1\ A draft of the Integrated Science
Assessment for Particulate Matter (ISA) was reviewed by the CASAC at a
public meeting in December 2018 (83 FR 55529, November 6, 2018) and
discussed on a public teleconference in March 2019 (84 FR 8523, March
8, 2019). The final ISA was made available in January 2020.\2\ The
final PA announced today draws from the scientific evidence assessed in
the ISA, together with the results of air quality and other
quantitative analyses, as available.
---------------------------------------------------------------------------

    \1\ The IRP (EPA-452/R-16-005, December 2016) is available at
https://www.epa.gov/naaqs/particulate-matter-pm-standards-planning-documents-current-review.
    \2\ The ISA for PM (EPA/600/R-19/188, December 2019 is available
at https://www.epa.gov/isa/integrated-science-assessment-isa-particulate-matter.
---------------------------------------------------------------------------

    The PA, when final, is intended to ``bridge the gap'' between the
scientific and technical information available in the review and the
judgments required of the Administrator in determining whether to
retain or revise the existing PM NAAQS. The EPA released the draft PA
in September 2019 (84 FR 47944, September 11, 2019). The draft PA was
reviewed by the chartered CASAC on October 24-25, 2019 at a public
meeting held in Cary, NC. Public comments on the draft PA were received
via a separate public teleconference on October 22, 2019 (84 FR 51555,
September 30, 2019). A public meeting to discuss the CASAC letter and
response to charge questions on the draft PA was held in Cary, NC on
December 3, 2019 (84 FR 58713, November 1, 2019), and the CASAC
provided its advice on the draft PA in a letter to the EPA
Administrator dated December 16, 2019.\3\ The final PA reflects staff's
consideration of the advice and comments from CASAC, as well as public
comments. The final PA will be available on or about January 27, 2020,
on the EPA's website at https://www.epa.gov/naaqs/particulate-matter-pm-air-quality-standards.
---------------------------------------------------------------------------

    \3\ The CASAC letter is available at https://yosemite.epa.gov/
sab/sabproduct.nsf/264cb1227d55e02c85257402007446a4/
E2F6C71737201612852584D20069DFB1/$File/EPA-CASAC-20-001.pdf.
---------------------------------------------------------------------------

    The documents briefly described above do not represent, and should
not be construed to represent, any final EPA policy, viewpoint, or
determination.

    Dated: January 27, 2020.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2020-01682 Filed 1-29-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3829-3833]
[FR Doc No: 2012-1444]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66192; File No. SR-NYSEArca-2012-02]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of a Proposed Rule Amendments
to NYSE Arca Rule 9.4 and NYSE Equities Inc. Rules 5.3(d) and 9.4
Relating to Discretionary Proxy Voting on Executive Compensation
Matters and Election of Directors To Comply With the Dodd-Frank Act

January 19, 2012.
    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (``Act'')\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on January 5, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons and is approving the
proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend NYSE Arca Rule 9.4 and to adopt
Commentary .01 to NYSE Arca Rule 9.4 and, through its wholly-owned
corporation, NYSE Arca Equities, Inc. (``NYSE Arca Equities''),
proposes to amend NYSE Arca Equities Rule 5.3(d) and NYSE Arca Equities
Rule 9.4 and to adopt Commentary .01 to NYSE Arca Equities Rule 9.4.
These amendments are being made to comply with the requirements of the
Dodd-Frank Act with respect to the broker voting rules of national
securities exchanges. The text of the proposed rule change is available
at the Exchange, the Commission's Public Reference Room, and
www.nyse.com.

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

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

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

1. Purpose
    Section 957 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (the ``Dodd-Frank Act'') adopted new Section 6(b)(10)
\4\ of the Securities Exchange Act (the ``Exchange Act'').\5\ This new
provision requires all national securities exchanges to adopt rules
that prohibit their members from voting on the election of a member of
the board of directors of an issuer (except for a vote with respect to
the uncontested election of a member of the board of directors of any
investment company registered under the Investment Company Act of
1940), executive compensation, or any other significant matter, as
determined by the Commission, by rule, unless the member receives
voting instructions from the beneficial owner of the shares.
---------------------------------------------------------------------------

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

    NYSE Arca Rule 9.4 governs when OTP Holders and OTP Firms may vote
shares held for customers and NYSE Arca Equities Rule 9.4 governs when
ETP Holders may votes[sic] shares held for customers. NYSE Arca Rule
9.4 prohibits OTP Holders and OTP Firms, and NYSE Arca Equities Rule
9.4 prohibits ETP Holders, from voting any uninstructed shares, but
also permits the OTP Holder or OTP Firm (in the case of NYSE Arca Rule
9.4) or ETP Holder (in the case of NYSE Arca Equities Rule 9.4) to
follow the rules of another national securities exchange instead. In
addition to its general requirements with respect to voting of
uninstructed shares by ETP Holders, NYSE Arca Equities Rule 9.4
specifically prohibits ETP Holders from voting uninstructed shares on
any proposal with respect to the implementation of any equity
compensation plan, or any material revision to the terms of any
existing equity compensation plan (whether or not stockholder approval
of such plan is required by NYSE Arca Equities Rule 5.3(d)(1)-(7)),
unless the beneficial owner of the shares has given voting
instructions.
    In order to assure compliance, in all cases, with newly adopted
Section

6(b)(10), NYSE Arca proposes to add Commentaries (each titled ``Proxies
Voting'') to each of NYSE Arca Rule 9.4 and NYSE Arca Equities Rule 9.4
to provide that in no event could an OTP Holder or OTP Firm (in the
case of NYSE Arca Rule 9.4) or ETP Holder (in the case of NYSE Arca
Equities Rule 9.4) vote uninstructed shares on the election of a member
of the board of directors of an issuer (except for a vote with respect
to the uncontested election of a member of the board of directors of
any investment company registered under the Investment Company Act of
1940), executive compensation, or any other significant matter, as
determined by the Commission, by rule, unless instructed by the
beneficial owner of the shares.
    NYSE Arca also proposes to amend NYSE Arca Rule 9.4 and NYSE Arca
Equities Rule 9.4 to provide that an OTP Holder or OTP Firm (in the
case of NYSE Arca Rule 9.4) or ETP Holder (in the case of NYSE Arca
Equities Rule 9.4) may only follow the rules of another SRO in voting
shares if, in doing so, its records clearly indicate the procedures it
is following.
    NYSE Arca proposes to amend NYSE Arca Equities Rule 9.4 to delete
the specific prohibition in that rule with respect to ETP Holders
voting uninstructed shares on any proposal with respect to the
implementation of any equity compensation plan, or any material
revision to the terms of any existing equity compensation plan (whether
or not stockholder approval of such plan is required by NYSE Arca
Equities Rule 5.3(d)(1)-(7)), unless the beneficial owner of the shares
has given voting instructions. NYSE Arca is proposing to delete this
text because the Exchange believes it is no longer necessary, as NYSE
Arca Equities Rule 9.4 generally prohibits ETP Holders from voting
shares held on behalf of a beneficial owner except pursuant to the
instructions of such beneficial holder and proposed Commentary .01 to
NYSE Arca Equities Rule 9.4 would specifically prohibit ETP Holders
from voting without such instructions on any proposal relating to
executive compensation, or any other significant matter, as determined
by the SEC, by rule. Subparagraph (7) of NYSE Arca Equities Rule 5.3(d)
is currently a cross-reference to the prohibition of NYSE Arca Equities
Rule 9.4 on voting uninstructed shares on equity compensation matters
and it will be rendered moot by the elimination of that aspect of NYSE
Arca Equities Rule 9.4. Consequently, NYSE Arca proposes to amend this
provision so that it will be a cross-reference to the voting
restrictions of NYSE Arca Equities Rule 9.4 generally.
    NYSE Arca is also proposing to make several other minor changes to
the applicable rules. First, NYSE Arca proposes to add the words ``or
authorize'' or ``or authorizing'' in certain places in NYSE Arca Rule
9.4 and NYSE Arca Equities Rule 9.4 to clarify that the rules cover not
only the giving of a proxy but also the authorization of such proxy.
Second, NYSE Arca proposes to amend references to ``actual'' owners in
certain places in NYSE Arca Rule 9.4 and NYSE Arca Equities Rule 9.4 so
that they will now refer to ``beneficial'' owners, as this is the term
used in the federal securities laws and Commission rules. Third, NYSE
Arca proposes to amend NYSE Arca Rule 9.4 and NYSE Arca Equities Rule
9.4 to modify the language which currently states that an OTP Holder or
OTP Firm or ETP holder, as applicable, may vote shares when permitted
to do so pursuant to the rules of another national securities exchange
to which he or his firm ``is responsible'' As a clarification, NYSE
Arca proposes to amend this language so that it will state that an OTP
Holder or OTP Firm or ETP holder, as applicable, may vote shares when
permitted to do so pursuant to the rules of another national securities
exchange of which he or his firm is a member. Finally, NYSE Arca
proposes to amend this same sentence in both NYSE Arca Rule 9.4 and
NYSE Arca Equities Rule 9.4 to add the words ``or association'' after
the phrase ``national securities exchange,'' as an OTP Holder, OTP
Member or ETP Holder may be a member of a national securities
association (e.g., FINRA) whose rules contain appropriate restrictions
on its members' ability to vote uninstructed shares (as is the case
with FINRA Rule 2251).
2. Statutory Basis
    NYSE Arca believes that the proposed rule change is consistent with
the provisions of Section 6 of the Exchange Act,\6\ in general and with
Section 6(b)(10) \7\ of the Exchange Act, in particular. Specifically,
NYSE Arca believes the proposed rule change is consistent with the
requirements of Section 6(b)(10) that all national securities exchanges
adopt rules prohibiting members from voting, without receiving
instructions from the beneficial owner of shares, on the election of a
member of a board of directors of an issuer (except for a vote with
respect to the uncontested election of a member of the board of
directors of any investment company registered under the Investment
Company Act of 1940), executive compensation, or any other significant
matter, as determined by the Commission, by rule. The Exchange also
believes that the proposed rule change is consistent with the
requirements under Section 6(b)(5) \8\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange is adopting this proposed rule change to comply with the
requirements of Section 957 of the Dodd-Frank Act, and therefore
believes the proposed rule change to be consistent with the Exchange
Act, particularly with respect to the protection of investors and the
public interest. NYSE Arca believes that the proposed amendment to NYSE
Arca Rule 9.4 and NYSE Arca Equities Rule 9.4 to provide that an OTP
Holder or OTP Firm (in the case of NYSE Arca Rule 9.4) or ETP Holder
(in the case of NYSE Arca Equities Rule 9.4) may only follow the rules
of another SRO in voting shares if, in doing so, its records clearly
indicate the procedures it is following, is consistent with the
requirements under Section 6(b)(5) in that it will protect investors by
requiring brokers to maintain adequate records when they vote
uninstructed shares.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(10).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    NYSE Arca believes that the proposed amendment to NYSE Arca
Equities Rule 9.4 to delete the specific prohibition in that rule with
respect to ETP Holders voting uninstructed shares on any equity
compensation proposal is consistent with the requirements under Section
6(b)(5) in that NYSE Arca Equities Rule 9.4 generally prohibits ETP
Holders from voting shares held on behalf of a beneficial owner except
pursuant to the instructions of such beneficial holder and proposed
Commentary .01 to NYSE Arca Equities Rule 9.4 would specifically
prohibit ETP Holders from voting without such instructions on any
proposal relating to executive compensation, or any other significant
matter, as determined by the Commission, NYSE Arca also believes that
the proposed amendment is consistent with the requirements under
Section 6(b)(10) in that the specific prohibitions required by Section
957 of the Dodd-Frank Act will be included in NYSE Arca Equities Rule
9.4 as amended.
    NYSE Arca believes that the following proposed minor amendments are

consistent with the requirements under Section 6(b)(5) in that they are
simply clarifications of the rule text without any substantive effect:
(i) The proposed amendment to subparagraph (7) of NYSE Arca Equities
Rule 5.3(d), which simply corrects a cross-reference to reflect the
proposed amendment to NYSE Arca Equities Rule 9.4; (ii) the addition of
the words ``or authorize'' or ``or authorizing'' in certain places in
NYSE Arca Rule 9.4 and NYSE Arca Equities Rule 9.4; (iii) the proposed
replacement of references to ``actual'' owners in certain places in
NYSE Arca Rule 9.4 and NYSE Arca Equities Rule 9.4 by references to
``beneficial'' owners; and (iv) the amendment to NYSE Arca Rule 9.4 and
NYSE Arca Equities Rule 9.4 to state that an OTP Holder or OTP Firm or
ETP holder, as applicable, may vote shares when permitted to do so
pursuant to the rules of another national securities exchange of which
he or his firm is ``a member'' rather than one to which he or his firm
``is responsible.''
    NYSE Arca believes that the proposed addition of the words ``or
association'' after the phrase ``national securities exchange'' in NYSE
Arca Rule 9.4 and NYSE Arca Equities Rule 9.4 is consistent with the
requirements under Section 6(b)(5) in that it simply recognizes that
national securities associations may have rules governing the voting of
shares by their broker-dealer members (such as FINRA Rule 2251)
comparable to those of national securities exchanges.

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. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-02. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2012-02 and should
be submitted on or before February 15, 2012.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    In its filing, NYSE Arca requested that the Commission approve the
proposal on an accelerated basis so that the Exchange could immediately
comply with the requirements imposed by the Dodd-Frank Act. After
careful consideration, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\9\
---------------------------------------------------------------------------

    \9\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Commission believes that the proposal is consistent with
Section 6(b)(10) \10\ of the Act, which requires that national
securities exchanges adopt rules prohibiting members that are not
beneficial holders of a security from voting uninstructed proxies with
respect to the election of a member of the board of directors of an
issuer (except for uncontested elections of directors for companies
registered under the Investment Company Act), executive compensation,
or any other significant matter, as determined by the Commission by
rule. The Commission also believes that the proposal is consistent with
Section 6(b)(5) \11\ of the Act, which provides, among other things,
that the rules of the Exchange must be designed to promote just and
equitable principles of trade, 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, and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \10\ 15 U.S.C. 78f(b)(10).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposal is consistent with
Section 6(b)(10) of the Act because it adopts revisions that comply
with that section. As noted in the accompanying Senate Report, Section
957, which adopts Section 6(b)(10), reflects the principle that ``final
vote tallies should reflect the wishes of the beneficial owners of the
stock and not be affected by the wishes of the broker that holds the
shares.'' \12\ The proposed rule change will make the Exchange
compliant with the new requirements of Section 6(b)(10) by specifically
prohibiting, in Commentary language to each NYSE Arca Rule 9.4 and NYSE
Arca Equities Rule 9.4, OTP Holder or OTP Firm (in the case of NYSE
Arca 9.4) or ETP Holder (in the case of NYSE Arca Equities Rule 9.4),
who are not a beneficial owner of a security, from granting a proxy to
vote the security in connection with a shareholder vote on the election
of a member of the board of directors of an issuer (except for a vote
with respect to the uncontested election of a member of the board of
directors of any investment company registered under the Investment
Company Act of 1940), executive compensation, or any other significant
matter, as determined by the

Commission by rule, unless the beneficial owner of the security has
instructed the member to vote the proxy in accordance with the voting
instructions of the beneficial owner.\13\
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    \12\ See S. Rep. No. 111-176, at 136 (2010).
    \13\ The Commission has not, to date, adopted rules concerning
other significant matters where uninstructed broker votes should be
prohibited, although it may do so in the future. Should the
Commission adopt such rules, we would expect NYSE Arca to adopt
coordinating rules promptly to comply with the statute.
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    The Commission believes that the proposal is consistent with
Section 6(b)(5) of the Act because the proposal will further investor
protection and the public interest by assuring that shareholder votes
on the election of the board of directors of an issuer (except for a
vote with respect to the uncontested election of a member of the board
of directors of any investment company registered under the Investment
Company Act of 1940) and on executive compensation matters are made by
those with an economic interest in the company, rather than by an OTP
Holder, OTP Firm, or ETP holder that has no such economic interest,
which should enhance corporate governance and accountability to
shareholders.\14\
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    \14\ As the Commission stated in approving NYSE rules
prohibiting broker voting in the election of directors, having those
with an economic interest in the company vote the shares, rather
than the broker who has no such economic interest, furthers the goal
of enfranchising shareholders. See Securities Exchange Act Release
No. 60215 (July 1, 2009), 74 FR 33293 (July 10, 2009) (SR-NYSE-2006-
92).
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    In addition to incorporating the provisions of Section 6(b)(10),
the Exchange proposes deleting from NYSE Arca Equities Rule 9.4 the
specific prohibition in that rule with respect to ETP Holders voting
uninstructed shares on any equity compensation proposal. The Commission
believes that this provision is no longer necessary because NYSE Arca
Equities Rule 9.4 generally prohibits ETP Holders from voting any
uninstructed shares, including on equity compensation matters. The
Commission further notes that the new proposed Commentary to NYSE
Arca's Equities Rule 9.4 prohibiting uninstructed broker votes on
executive compensation covers the specific items identified in Section
951 of the Dodd-Frank Act as well as any other matter concerning
executive compensation, and has been drafted broadly to reflect the
requirements of Section 6(b)(10) of the Act. The Commission also notes
that to the extent NYSE Arca has any past practice or interpretation
that may have permitted an ETP Holder to vote on certain equity
compensation plans, under its existing rule, this will no longer be
applicable and is superseded by the newly adopted provisions.
    The Commission notes that NYSE Arca has proposed to amend NYSE Arca
Rule 9.4 and NYSE Arca Equities Rule 9.4 to provide that OTP Holders,
OTP Firms, or ETP Holders may only follow the rules of another self-
regulatory organization in voting shares if its records clearly
indicate the procedures it is following. The Commission believes that
this will help to ensure that any broker voting that is permitted is
pursuant to approved rules of another self-regulatory organization.
    The Commission notes that the Exchange has also proposed to make
certain clarifications to its rules, which include: amending
subparagraph (7) of NYSE Arca Equities Rule 5.3(d) to cross-reference
to NYSE Arca Equities Rule 9.4; replacing references to ``actual''
owners with ``beneficial'' owners in certain places in NYSE Arca Rule
9.4 and NYSE Arca Equities Rule 9.4; and amending NYSE Arca Rule 9.4
and NYSE Arca Equities Rule 9.4 to state that an OTP Holder or OTP Firm
or ETP Holder, as applicable, may vote shares when permitted to do so
pursuant to the rules of another national securities exchange of which
he or his firm is ``a member'' rather than one to which he or his firm
``is responsible.'' The Commission believes that these clarifications
are technical in nature and should provide greater transparency in
Exchange's rules and help avoid confusion.
    The Commission further notes that the Exchange added ``or
association'' to NYSE Arca Rule 9.4 and NYSE Arca Equities Rule 9.4 so
that an OTP Holder, OTP Firm, or ETP Holder, as applicable, would be
prohibited from giving a proxy to vote, unless pursuant to the rules of
any national securities exchange or association of which it is a
member. The Commission believes that this is appropriate since OTP
Holders, OTP Firms, or ETP Holders are members of FINRA, a national
securities association that also has restrictions on broker voting.\15\
Finally, the Commission notes that the change to reflect that NYSE Arca
rules prohibit not only the giving of a proxy, but also the
authorization of the proxy, should help to clarify the intent of NYSE
Arca proxy rules and is consistent with the requirements of Section 6
of the Act.
---------------------------------------------------------------------------

    \15\ See FINRA Rule 2251. In addition, the Commission notes that
the addition of ``or association'' to NYSE Arca Rule 9.4 and NYSE
Arca Equities Rule 9.4 is consistent with ISE Rule 421 and BATS-Y
Exchange, Inc. Rule 13.3(b). See Securities Exchange Act Releases
Nos. 63139 (October 20, 2010), 75 FR 65680 (October 26, 2011) (SR-
ISE-2010-99) and 65448 (September 30, 2011), 76 FR 62103 (October 6,
2011) (SR-BYX-2011-024).
---------------------------------------------------------------------------

    Based on the above, the Commission finds that the NYSE Arca
proposal will further the purposes of Sections 6(b)(5) and 6(b)(10) of
the Act because it should enhance corporate accountability to
shareholders while also serving to fulfill the Congressional intent in
adopting Section 6(b)(10) of the Act.
    The Commission also finds good cause, pursuant to Section 19(b)(2)
of the Act,\16\ for approving the proposed rule change prior to the
30th day after the date of publication of notice in the Federal
Register. Section 6(b)(10) of the Act, enacted under Section 957 of the
Dodd-Frank Act, does not provide for a transition phase, and requires
rules of national securities exchanges to prohibit broker voting on the
election of a member of the board of directors of an issuer (except for
a vote with respect to the uncontested election of a member of the
board of directors of any investment company registered under the
Investment Company Act of 1940), executive compensation, or any other
significant matter, as determined by the Commission by rule. The
Commission believes that good cause exists to grant accelerated
approval to the Exchange's proposal, because it will conform the
Exchange's rules to the requirements of Section 6(b)(10) of the Act.
Moreover, the Commission notes that the Exchange's proposed
Commentaries to NYSE Arca Rule 9.4 and NYSE Arca Equities Rule 9.4 are
identical to Nasdaq Rule 2251(d), which was previously approved by the
Commission.\17\ Finally, as noted above, the Exchange's proposed
changes to NYSE Arca Rule 9.4 and NYSE Arca Equities Rule 9.4 are
consistent with rules of other national securities exchanges, provide
clarity and transparency in the Exchange's rules, and raise no new
regulatory issues. Based on the above, the Commission believes the
Exchange's proposed rule change raises no new regulatory issues, and
therefore finds good cause to accelerate approval.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ See Securities Exchange Act Release No. 62992 (September
24, 2010), 75 FR 60844 (October 1, 2010) (SR-Nasdaq-2010-114).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-NYSEArca-2012-02) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).
    \19\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-1444 Filed 1-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 7, 2010 (Volume 75, Number 108)]
[Proposed Rules]
[Page 32117-32119]
[DOCID:fr07jn10-7]

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

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0365; Airspace Docket No. 10-AAL-12]
RIN 2120-AA66

Proposed Amendment of Colored Federal Airway B-38; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Colored Federal Airway Blue 38
(B-38), in Alaska. Specifically this action would remove a segment of
B-38 from Haines Non-directional Beacon (NDB) to the Whitehorse, Yukon
Territories Canada (XY NDB). The FAA is proposing this action in
preparation of the eventual decommissioning of XY NDB by the Canadian
Air Authority NAV CANADA.

DATES: Comments must be received on or before July 22, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2010-
0365 and Airspace Docket No. 10-AAL-12 at the beginning of your
comments. You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2010-0365 and Airspace Docket No. 10-AAL-12) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2010-0365 and Airspace Docket No. 10-AAL-12.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/air_traffic/publications/airspace_amendments/. You may
review the public docket containing the proposal, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Alaskan Service Center, Operations Support Group, Federal
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK
99513.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to amend Colored Federal Airway B-38,
Alaska, by terminating the airway at the HNS NDB, AK, instead of the XY
NDB, Canada. The Canadian Air Authority NAV CANADA recently conducted a
study to determine the feasibility of keeping the XY NDB operational.
NAV CANADA determined it is no longer feasible and will be
decommissioning the XY NDB.
    Blue Federal Airways are published in paragraph 6009(d) of FAA
Order 7400.9T, signed August 27, 2009 and effective September 15, 2009,
which is incorporated by reference in 14 CFR 71.1. The Colored Federal
Airway listed in this document will be published subsequently in the
Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies a Colored Federal Airway in Alaska.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is to be amended as follows:

Paragraph 6009 (d) Blue Federal Airways.
* * * * *

B-38 [Amended]

From Elephant, AK, NDB, to Haines, AK, NDB.

    Issued in Washington, DC, on May 26, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-13592 Filed 6-4-10; 8:45 am]
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