[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10793-10796]
[FR Doc No: 2014-04046]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PF14-1-000; PF14-2-000; PF14-6-000]

Sabal Trail Transmission, LLC, Florida Southeast Connection, LLC,
Transcontinental Gas Pipe Line Company, LLC, Notice of Intent To
Prepare an Environmental Impact Statement for the Planned Southeast
Market Pipelines Project, Request for Comments on Environmental Issues,
and Notice of Public Scoping Meetings

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
discusses the environmental impacts of the planned Southeast Market
Pipelines (SMP) Project. The SMP Project is comprised of three
separate, but connected, natural gas transmission pipeline projects:
Sabal Trail Transmission, LLC's (Sabal Trail's) Sabal Trail Project in
Alabama, Georgia, and Florida; Florida Southeast Connection, LLC's
(FSC's) Florida Southeast Connection Project (FSC Project) in Florida;
and Transcontinental Gas Pipe Line Company, LLC's (Transco's) Hillabee

Expansion Project in Alabama. The environmental impacts of all three
projects will be considered in one EIS, which will be used by the
Commission in its decisionmaking process to determine whether the SMP
Project is in the public convenience and necessity.
    This notice, which is being sent to the Commission's current
environmental mailing list for the SMP Project, announces the opening
of the scoping process that will be used to gather input about the SMP
Project from the public and other interested stakeholders. State and
local government representatives should notify their constituents about
this process and encourage them to comment on their areas of concern.
Scoping comments will help the Commission's staff determine what issues
will need to be evaluated in the EIS. Please note that the scoping
period will close on April 20, 2014.
    Comments about the SMP Project may be submitted in written form or
verbally. The Public Participation section of this notice describes how
to submit written comments. Verbal comments can be given at the public
scoping meetings to be held in the SMP Project area as scheduled below.

------------------------------------------------------------------------
            Date and time                           Location
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Monday, March 3, 2014, 6:00 p.m......  Hilton Garden Inn Albany, 101
                                        South Front Street, Albany, GA
                                        31701,<PHONE_NUMBER>.
Tuesday, March 4, 2014, 6:00 p.m.....  Holiday Inn Valdosta Conference
                                        Center, 1805 West Hill Avenue,
                                        Valdosta, GA 31601, (229) 244-
                                        1111.
Wednesday, March 5, 2014, 6:00 p.m...  Moultrie Technical Facility
                                        Building A, Veterans Parkway
                                        Conference Center, 800 Veterans
                                        Parkway North, Moultrie, GA
                                        31788,<PHONE_NUMBER>.
Monday, March 10, 2014, 6:00 p.m.....  Russell County High School, 4716
                                        Old Seale Highway, Seale, AL
                                        36875,<PHONE_NUMBER>.
Tuesday, March 11, 2014, 6:00 p.m....  Central Alabama Community
                                        College, Betty Carol Graham
                                        Technology Center, 1675 Cherokee
                                        Road, Alexander City, AL 35010,
<PHONE_NUMBER>.
Wednesday, March 12, 2014, 6:00 p.m..  Butler Civic Center, 108 North
                                        Academy Avenue, Butler, AL
                                        36904,<PHONE_NUMBER>.
Tuesday, March 18, 2014, 6:00 p.m....  Lake Wales Art Center, 1099 East
                                        Florida 60, Lake Wales, FL
                                        33853,<PHONE_NUMBER>.
Wednesday, March 19, 2014, 6:00 p.m..  Okeechobee High School, 2800
                                        Highway 441 North, Okeechobee,
                                        FL 34972,<PHONE_NUMBER>.
Thursday, March 20, 2014, 6:00 p.m...  Kissimmee Civic Center, 201 East
                                        Dakin Avenue, Kissimmee, FL
                                        34741,<PHONE_NUMBER>.
Monday, March 24, 2014, 6:00 p.m.....  Live Oak City Hall, 101 White
                                        Avenue Southeast, Live Oak, FL
                                        32064,<PHONE_NUMBER>.
Tuesday, March 25, 2014, 6:00 p.m....  Bell High School, 930 South Main
                                        Street, Bell, FL 32619, (352)
                                        463-3232.
Wednesday, March 26, 2014, 6:00 p.m..  Rainbow Springs Country Club,
                                        19330 Southwest 83rd Place Road,
                                        Dunnellon, FL 34432, (352) 489-
                                        3348.
Thursday, March 27, 2014, 6:00 p.m...  Citrus Tower, 141 North Highway
                                        27, Clermont, FL 34711, (352)
                                        394-4061.
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    The purpose of these scoping meetings is to provide the public an
opportunity to learn more about the Commission's environmental review
process, and to verbally comment on the SMP Project. Representatives
from Sabal Trail, FSC, and Transco, as applicable, will be present one
hour prior to each scoping meeting to answer questions about their
respective SMP Project component. Affected landowners and other
interested parties are encouraged to attend the scoping meetings and to
give their comments on the issues they believe should be addressed in
the EIS. A transcript of each meeting will be added to the Commission's
administrative record to ensure that your comments are accurately
recorded.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned pipeline facilities. The
company would seek to negotiate a mutually acceptable agreement.
However, if the Commission approves the SMP Project, that approval
conveys with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, a condemnation proceeding
could be initiated where compensation would be determined in accordance
with state law.
    The ``For Citizens'' section of the FERC Web site (www.ferc.gov)
provides more information about the FERC and the environmental review
process. This section also includes information about getting involved
in FERC jurisdictional projects, and a citizens' guide entitled ``An
Interstate Natural Gas Facility On My Land? What Do I Need to Know?''
This guide addresses a number of frequently asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings.

Summary of the Planned Project

    Sabal Trail, FSC, and Transco plan to construct and operate over
650 miles of interstate natural gas transmission pipeline and
associated facilities in Alabama, Georgia, and Florida. The Sabal Trail
Project would connect with the Hillabee Expansion Project in Alabama,
and the FSC Project in Florida. The general location of the SMP Project
facilities is shown in Appendix 1. The facilities associated with each
project component are described below.

Sabal Trail Project

    Sabal Trail plans to construct and operate approximately 460 miles
of 36-inch-diameter natural gas transmission pipeline beginning in
Tallapoosa County, Alabama and ending in Osceola County, Florida. The
new pipeline would cross Tallapoosa, Chambers, Lee, and Russell
Counties, Alabama; Stewart, Webster, Terrell, Lee, Dougherty, Mitchell,
Colquitt, Brooks, and Lowndes Counties, Georgia; and Hamilton, Madison,
Suwannee, Gilchrist, Alachua, Levy, Marion, Sumter, Lake, Polk, and
Osceola Counties, Florida.
    Sabal Trail also plans to construct and operate approximately 14
miles of 36-inch-diameter natural gas transmission pipeline in Osceola
and Orange Counties, Florida (Hunters Creek Line) and approximately 24
miles of 24-inch-diameter natural gas transmission pipeline in Marion
and Citrus Counties, Florida (Citrus County Line).
    In addition to the planned pipelines, Sabal Trail would construct
and operate five new compressor stations. These compressor stations
would be located in Tallapoosa County, Alabama; Dougherty County,
Georgia; and Suwannee, Marion, and Osceola Counties, Florida. Sabal
Trail would also lease the capacity of Transco's Hillabee Expansion
Project.
    Lastly, Sabal Trail plans to construct a natural gas hub in Osceola
County, Florida. A natural gas hub provides customers with receipt/
delivery access to two or more interstate pipeline systems, provides
transportation between these points, and offers administrative services
that facilitate the movement and/or transfer of gas ownership.

    The Sabal Trail Project would have an initial capacity of 800,000
dekatherms per day (Dth/d) with an initial in-service date of May 1,
2017. Through a series of phased compressor station expansions, the
capacity of the Sabal Trail Project would increase to 1.1 million Dth/d
by 2021.

FSC Project

    FSC plans to construct and operate approximately 126 miles of up to
36-inch-diameter natural gas transmission pipeline beginning in Osceola
County, Florida and ending at Florida Power & Light Company's Martin
Clean Energy Center in Martin County, Florida. The new pipeline would
cross Polk, Osceola, Okeechobee, St. Lucie, and Martin Counties,
Florida.
    The FSC Project would have an initial capacity of at least 600,000
Dth/d beginning on May 1, 2017.

Hillabee Expansion Project

    Transco plans to construct and operate approximately 43.6 miles of
42- and 48-inch-diameter natural gas transmission pipeline in eight
loop \1\ segments in Choctaw, Autauga, Chilton, Coosa, and Tallapoosa
Counties, Alabama. The Hillabee Expansion Project would also include
one new compressor station in Choctaw County, Alabama and additional
compression/modifications at three existing compressor stations in
Dallas, Chilton, and Coosa Counties, Alabama.
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    \1\ A loop is a segment of pipe that is usually installed
adjacent to an existing pipeline and connected to it at both ends.
The loop allows more gas to be moved through the system.
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    Construction of the Hillabee Expansion Project would occur in
phases resulting in an initial capacity of approximately 800,000 Dth/d
to be leased to Sabal Trail on May 1, 2017, increasing to approximately
1.1 million Dth/d by 2021. The first phase of the project would involve
compressor station modifications and the construction of pipeline in
Autauga, Chilton, Choctaw, Coosa, Dallas, and Tallapoosa Counties,
Alabama.

Land Requirements for Construction

    Construction of the planned SMP Project facilities would disturb
about 13,670 acres of land. The typical construction right-of-way for
pipeline facilities would vary between 100 and 110 feet wide in uplands
and 75 feet wide in wetlands, with additional workspace needed in some
locations due to site-specific conditions and activities. Following
construction, approximately 4,320 acres of land would be retained for
permanent operation of the facilities. Land affected by construction
but not required for operation would generally be allowed to revert to
former uses.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity under Section 7 of the
Natural Gas Act. NEPA also requires us \2\ to discover and address
concerns the public may have about proposals. This discovery process is
commonly referred to as ``scoping.'' The main goal of the scoping
process is to focus the analysis in the EIS on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to be addressed in the EIS. All
comments received will be considered during the preparation of the EIS,
and addressed as appropriate.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EIS we will discuss impacts that could occur as a result of
the construction and operation of the planned SMP Project under these
general headings:
     geology and soils;
     water resources, including surface waters and groundwater;
     wetlands;
     vegetation, fisheries, and wildlife,
     threatened and endangered species;
     land use;
     socioeconomics;
     cultural resources;
     air quality and noise;
     public safety and reliability; and
     cumulative impacts.
    We will also evaluate alternatives to the SMP Project, project
components, pipeline routes, and aboveground facility locations; and
make recommendations on how to avoid or minimize impacts on the various
resource areas.
    Although no formal applications have been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EIS.
    The EIS will present our independent analysis of the issues. We
will publish and distribute a draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section below.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to the SMP Project to formally cooperate with us in the
preparation of the EIS.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice. Currently, the U.S. Army Corps of Engineers (COE) has expressed
its intent to participate as a cooperating agency in the preparation of
the EIS to satisfy its NEPA responsibilities related to this project.
The COE has jurisdictional authority pursuant to Section 404 of the
Clean Water Act, which governs the discharge of dredged or fill
material into waters of the United States, and Section 10 of the Rivers
and Harbors Act, which regulates any work or structures that
potentially affect the navigability of a waterway.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Alabama, Georgia, and Florida State Historic Preservation
Offices (SHPOs), and to solicit their views and those of other
government agencies, interested Indian tribes, and the public on the
SMP Project's potential effects on historic properties.\4\ We will
define the project-specific Area of Potential Effects (APE) in
consultation with the SHPOs as the SMP Project develops. On natural gas
facility projects, the APE at a minimum encompasses all areas subject
to ground disturbance (examples include construction right-of-way,
contractor/pipe storage yards, compressor stations, meter stations, and
access roads). Our EIS for the SMP Project will document

our findings on the impacts on historic properties and summarize the
status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
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Currently Identified Environmental Issues

    Based on our preliminary review of the project; information
provided by Sabal Trail, FSC, and Transco; and public comments filed in
the Commission's administrative record and submitted to staff at the
applicant-sponsored open houses, we have identified several issues that
we think deserve attention. This preliminary list of issues may change
based on your comments and our ongoing environmental analysis. These
issues are:
     purpose and need for the SMP Project;
     impacts of clearing forested areas and other vegetation;
     impacts on water resources including sensitive springs,
groundwater, and wetlands;
     karst terrain;
     impacts on land use;
     environmental justice;
     the use of eminent domain to obtain project easements;
     impacts on property values, tourism, and recreational
resources;
     cultural resources;
     compressor station noise;
     pipeline integrity and public safety; and
     alternatives and cumulative impacts.

Public Participation

    You can make a difference by providing us with your comments about
the SMP Project. Your comments should focus on the potential
environmental impacts of the project, reasonable alternatives, and
measures to avoid or lessen these environmental impacts. The more
specific your comments, the more useful they will be. To ensure that
your comments are considered in a timely manner and properly recorded,
please send your comments so that the Commission receives them in
Washington, DC on or before April 20, 2014.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please refer to the
appropriate project docket number (PF14-1-000 for the Sabal Trail
Project; PF14-2-000 for the FSC Project; or PF14-6-000 for the Hillabee
Expansion Project) with your submission. If your comments apply to all
three projects, then list all three. The Commission encourages
electronic filing of comments and has expert staff available to assist
you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature located on the Commission's Web site (www.ferc.gov) under the
Documents and Filings heading. This is an easy method for interested
persons to submit brief, text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature located on the Commission's Web site (www.ferc.gov)
under the Documents and Filings heading. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing;'' or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who has
submitted comments on the SMP Project in the Commission's
administrative record. We will update the environmental mailing list as
the analysis proceeds to ensure that we send the information related to
this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned SMP Project.
    Copies of the draft EIS will be sent to the environmental mailing
list for review and comment. If you would prefer to receive a paper
copy of the EIS instead of the compact disc version or if you would
like to remove your name from the mailing list, please return the
attached Information Request (Appendix 2).

Becoming an Intervenor

    Once the SMP Project proponents file applications with the
Commission, you may want to become an ``intervenor,'' which is an
official party to the Commission's proceeding. Intervenors play a more
formal role in the process and are able to file briefs, appear at
hearings, and be heard by the courts if they choose to appeal the
Commission's final ruling. An intervenor formally participates in the
proceeding by filing a request to intervene. Instructions for becoming
an intervenor can be found under the ``Getting Involved'' heading of
the ``For Citizens'' section on the FERC Web site. Please note that the
Commission will not accept requests for intervenor status at this time.
You must wait until the Commission receives a formal application for
the project.

Additional Information

    Additional information about the SMP Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov) using the eLibrary. Click on the eLibrary
link, click on ``General Search,'' and enter the docket number,
excluding the last three digits (PF14-1, PF14-2, or PF14-6). Be sure
you have selected an appropriate date range. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>. The eLibrary
link also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: February 18, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-04046 Filed 2-25-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66354-66356]
[FR Doc No: 2021-25355]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93589; File No. SR-NYSEAMER-2021-42]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Update
the Procedures for the Allocation of Cabinets and Power to Its
Colocated Users

November 16, 2021.
    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 November 3, 2021, NYSE American LLC (``NYSE American'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to update the procedures for the allocation
of cabinets and power to its colocated Users. The proposed rule change
is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to establish \4\ procedures for the
allocation of power to its co-located \5\ Users.\6\
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    \4\ The Commission notes that the Exchange proposes to update
previously established procedures for allocation of cabinets and
power to its colocated Users.
    \5\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2010. See Securities Exchange Act Release No.
62961 (September 21, 2010), 75 FR 59299 (September 27, 2010) (SR-
NYSEAmex-2010-80).
    \6\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release No. 76009 (September 29, 2015), 80 FR 60213
(October 5, 2015) (SR-NYSEMKT-2015-67). As specified in the NYSE
American Equities Price List and Fee Schedule and the NYSE American
Options Fee Schedule (together, the ``Price List and Fee
Schedule''), a User that incurs co-location fees for a particular
co-location service pursuant thereto would not be subject to co-
location fees for the same co-location service charged by the
Exchange's affiliates New York Stock Exchange LLC, NYSE Arca, Inc.,
NYSE Chicago, Inc., and NYSE National, Inc. (together, the
``Affiliate SROs''). Each Affiliate SRO has submitted substantially
the same proposed rule change to propose the changes described
herein. See SR-NYSE-2021-66; SR-NYSEArca-2021-96; SR-NYSECHX-2021-
16; SR-NYSENAT-2021-22.
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    In December 2020, the Exchange established procedures for the
allocation of cabinets in colocation should it become needed.\7\ In
April 2021, the Exchange added procedures for the allocation of power
in colocation (together with the cabinet procedures, the ``Existing
Procedures'').\8\
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    \7\ See Securities Exchange Act Release No. 90732 (December 18,
2020), 85 FR 84443 (December 28, 2020) (SR-NYSE-2020-73, SR-
NYSEAMER-2020-66, SR-NYSEArca-2020-82, SR-NYSECHX-2020-26, and SR-
NYSENAT-2020-28).
    \8\ See Securities Exchange Act Release No. 91515 (April 8,
2021), 86 FR 19674 (April 14, 2021) (SR-NYSE-2021-12, SR-NYSEAMER-
2021-08, SRNYSENAT-2021-03, SR-NYSEArca-2021-11, and SR-NYSECHX-
2021-02). The Existing Procedures are set forth in General Notes 7
and 8 under ``Co-location Fees'' in the Price List and Fee Schedule.
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Proposed Changes to the Waitlist Procedures
    Pursuant to the Existing Procedures, a Combined Waitlist is
currently in effect. To be placed on the Combined Waitlist, a User must
submit an order that complies with the Combined Limits--that is, the
order must be for no more than 32 kW, and no more than four dedicated
cabinets with standard power allocations of 4 kW or 8 kW as part of the
32 kW total.\9\
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    \9\ See Price List and Fee Schedule, Co-Location Fees, General
Notes 7 and 8.
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    The Existing Procedures provide that ``[a] User may only have one
order for new cabinets and/or additional power on the Combined Waitlist
at a time . . . .'' \10\ The Exchange has become aware that some Users
are attempting to circumvent this provision by submitting additional
orders in the names of entities affiliated with the User.\11\
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    \10\ See Price List and Fee Schedule, Co-Location Fees, General
Note 8(b).
    \11\ For example, a User that wants 64 kW could submit an order
for 32 kW to the Combined Waitlist, and then have an affiliated
entity submit a second order to the Combined Waitlist for an
additional 32 kW. Once the affiliated entity obtained its 32 kW, it
could assign the power to the User. As a result, the User would
obtain two times more power than the Combined Limit would allow. The
Exchange has been informed that at least one User has contemplated
utilizing affiliates for this purpose.
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    The Exchange believes that such actions by Users are contrary to
the objectives of the Existing Procedures, which were intended to
foreclose Users from obtaining a greater portion of the cabinets and
power available than the portion defined by the Cabinet Limits and
Combined Limits. Such actions by Users could result in a distribution
of cabinets and power that is contrary to the intent of the Cabinet
Limits and Combined Limits, with Users that are willing to submit
multiple orders in the names of their affiliates obtaining more
cabinets and power than the Cabinet Limits and Combined Limits allow,
to the detriment of other Users seeking to purchase cabinets or power.
    To address this issue, the Exchange proposes to amend the Existing
Procedures to add to General Note 8(b) that ``[w]hile a User is on the
Combined Waitlist, no Affiliate of such User may also be on the
Combined Waitlist.'' The Exchange similarly proposes to amend General
Note 8(a), regarding the Cabinet Waitlist, to provide that ``[w]hile a
User is on the Cabinet Waitlist, no Affiliate of such User may also be
on the Cabinet Waitlist.'' The term ``Affiliate'' is already defined in
the Co-Location Fees section of the Price List and Fee Schedule as
follows: ``An `Affiliate' of a User is any other User or Hosted
Customer that is under 50% or greater common ownership or control of
the first User.'' This definition of ``Affiliate'' was introduced in
connection with the

Exchange's filing regarding partial cabinet solutions, and the Exchange
believes that the definition is appropriate to also use in the present
context.\12\
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    \12\ To the extent that the Combined Waitlist currently includes
orders submitted by two or more Users that are Affiliates, the
Exchange intends to remove all but the first of such Affiliates'
orders from the Combined Waitlist upon this proposed rule change
becoming operative.
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Proposed Changes to the Purchasing Limit Procedures
    The Exchange also proposes to amend the Existing Procedures
regarding Cabinet and Power Purchasing Limits in General Note 7 to
prevent Users from circumventing the Cabinet Limits and Combined Limits
in a similar fashion when they are in effect but a waitlist is not. The
Existing Procedures provide that when the Cabinet Limit or Combined
Limits are in effect, a User will have to wait 30 days from the date of
the User's signed order before purchasing cabinets or power again. The
Exchange proposes to amend such provisions to specify that this 30-day
limitation applies not just to Users that have already purchased
cabinets or power subject to the applicable Purchasing Limit, but also
to any Affiliate of such User, so long as the applicable Purchasing
Limit remains in effect.
General
    The proposed rule change would apply the same way to all types and
sizes of market participants. As is currently the case, the purchase of
any colocation service is completely voluntary and the Price List and
Fee Schedule is applied uniformly to all Users. The proposed change is
not otherwise intended to address any other issues relating to
colocation services and/or related fees, and the Exchange is not aware
of any problems that Users would have in complying with the proposed
change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and with Section
6(b)(5),\14\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest, and because it is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would prevent
fraudulent and manipulative acts and practices, and would remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, protect investors and the
public interest, because it would prevent a User from obtaining a
greater share of cabinets and power than the Existing Procedures
intended, and thereby facilitate a more equitable distribution of
cabinets and power.
    As noted above, the Exchange has become aware that some Users are
attempting to circumvent the Combined Waitlist by submitting additional
orders in the names of entities affiliated with the User, in order to
avoid the Existing Procedures' prohibition against a User having more
than one order on the Combined Waitlist at the same time. The Exchange
believes that such actions by Users are contrary to the objectives of
the Existing Procedures, which were intended to foreclose Users from
obtaining a greater portion of the cabinets and power available than
the portion defined by the Cabinet Limits and Combined Limits. Unless
prohibited, such actions by Users could result in an inequitable
distribution of cabinets and power, with Users that are willing to
submit multiple orders in the names of their affiliates obtaining more
than their intended share of cabinets and power, to the detriment of
other Users seeking to purchase cabinets and power. The proposed rule
change to General Note 8 would address this concern.
    The Exchange believes that the proposed amendments to the Existing
Procedures regarding Cabinet and Power Purchasing Limits in General
Note 7 would similarly prevent Users from circumventing the Cabinet
Limits and Combined Limits when there is no waitlist in effect. The
Exchange believes that having both Users and their Affiliates wait 30
days from the date of the signed order to purchase new cabinets or
power would foreclose Users' ability to use their Affiliates to obtain
a greater portion of the cabinets and power available. In this way, the
Exchange believes that that the proposed amendments to General Note 7
would prevent fraudulent and manipulative acts and practices, and would
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, protect investors
and the public interest.
    The proposed rule change would not unfairly discriminate between or
among market participants, as it would apply to all types and sizes of
market participants equally.

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

    In accordance with Section 6(b)(8) of the Act,\15\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Rather, the proposed rule change is designed to
prevent Users from obtaining an unfair competitive advantage by
submitting multiple orders in the names of affiliated entities, in
order to avoid the Existing Procedures' prohibition against a User
having more than one order on the Cabinet Waitlist or the Combined
Waitlist at the same time and to obtain a greater portion of the
cabinets and power available than the portion defined by the Cabinet
Limits and Combined Limits. The proposed rule change would prevent a
User from obtaining this unfair competitive advantage, thereby
facilitating a more equitable distribution of cabinets and power.
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    \15\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \16\ and Rule 19b-4(f)(6) thereunder.\17\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A)

of the Act and Rule 19b-4(f)(6)(iii) thereunder.\18\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. The Exchange
believes that implementing the proposed rule change as soon as possible
would allow the Exchange to prevent Users from unfairly obtaining more
cabinets or power than the Existing Procedures were intended to
provide. The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission waives the 30-day operative delay and
designates the proposed rule change operative upon filing.\21\
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \22\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2021-42 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-NYSEAMER-2021-42. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2021-42 and should be submitted
on or before December 13, 2021.
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    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-25355 Filed 11-19-21; 8:45 am]
BILLING CODE 8011-01-P