[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Page 45745]
[FR Doc No: 2021-17478]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0624]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0045

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0045,
Adequacy Certification for Reception Facilities and Advance Notice;
without change. Our ICR describes the information we seek to collect
from the public. Before submitting this ICR to OIRA, the Coast Guard is
inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before October 15,
2021.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2021-0624] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE. SE, STOP 7710,
WASHINGTON, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
    In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2021-0624], and
must be received by October 15, 2021.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).

Information Collection Request

    Title: Adequacy Certification for Reception Facilities and Advance
Notice--33 CFR part 158.
    OMB Control Number: 1625-0045.
    Summary: This information helps ensure that waterfront facilities
are in compliance with reception facility standards. Advance notice
information from vessels ensure effective management of reception
facilities.
    Need: Section 1905 of Title 33 U.S.C. gives the Coast Guard the
authority to certify the adequacy of reception facilities in ports.
Reception facilities are needed to receive waste from ships which may
not discharge at sea. Under these regulations in 33 CFR part 158 there
are discharge limitations for oil and oily waste, noxious liquid
substances, plastics and other garbage.
    Forms:
     CG-5401, Certificate of Adequacy for Reception Facility.
     CG-5401A, Application for a Reception Facility Certificate
of Adequacy (COA) for Oil, Form A.
     CG-5401B, Application for a Reception Facility Certificate
of Adequacy (COA) for Noxious Liquid Substance (NLS) Residues and
Mixtures Containing NLS Residues, Form B.
     CG-5401C, Application for a Reception Facility Certificate
of Adequacy for Garbage, Form C
     CG-5401D, Application for a Reception Facility Certificate
of Adequacy for Ozone Depletion Substances and Exhaust Gas Cleaning
System Residue, Form D
    Respondents: Owners and operators of reception facilities, and
owners and operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 4,825
hours to 4,167 hours a year due to a decrease in the estimated annual
number of respondents.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: August 10, 2021.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2021-17478 Filed 8-13-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Notices]
[Page 68440]
[FR Doc No: 2014-27128]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9919-31-OA]

Notification of Two Public Teleconferences of the Science
Advisory Board Chemical Assessment Advisory Committee Augmented for the
Review of EPA's Draft Ammonia Assessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces two public teleconferences of the
SAB Chemical Assessment Advisory Committee Augmented for the Review of
the Draft Ammonia Assessment (CAAC-Ammonia Panel) to discuss its draft
report concerning EPA's draft Integrated Risk Information System (IRIS)
Toxicological Review of Ammonia (August 2013 Revised External Review
Draft).

DATES: The public teleconferences will be held on Wednesday December
17, 2014 and Friday December 19, 2014. The teleconferences will be held
from 1:00 p.m. to 5:00 p.m. (Eastern Standard Time) on both days.
    Location: The teleconferences will be conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning the teleconferences may contact Dr.
Suhair Shallal, Designated Federal Officer (DFO), EPA Science Advisory
Board (1400R), U.S. Environmental Protection Agency, 1300 Pennsylvania
Avenue NW., Washington, DC 20460; via telephone/voice mail (202) 564-
2057; fax<PHONE_NUMBER>; or email at<EMAIL_ADDRESS>General
information concerning the SAB can be found on the SAB Web site at
http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION: Background: The SAB was established pursuant
to the Environmental Research, Development, and Demonstration
Authorization Act (ERDDAA), codified at 42 U.S.C. 4365, to provide
independent scientific and technical advice to the Administrator on the
technical basis for Agency positions and regulations. The SAB is a
Federal Advisory Committee chartered under the Federal Advisory
Committee Act (FACA), 5 U.S.C., App. 2. The SAB will comply with the
provisions of FACA and all appropriate SAB Staff Office procedural
policies. Pursuant to FACA and EPA policy, notice is hereby given that
the SAB CAAC Ammonia Panel will hold public teleconferences to discuss
its draft report regarding the draft IRIS Toxicological Review of
Ammonia (August 2013 Revised External Review Draft) and responses to
questions about enhancements the agency is implementing to the IRIS
program. The EPA SAB Staff Office augmented the SAB CAAC with subject
matter experts to provide advice through the chartered SAB regarding
this IRIS assessment.
    The SAB CAAC Ammonia Panel held a public meeting on July 14-16,
2014. The purpose of that meeting was to receive a briefing on the
EPA's enhancements to the IRIS Program and develop responses to the
peer review charge on the agency's draft IRIS Toxicological Review of
Ammonia (August 2013 Revised External Review Draft). The purpose of
these public teleconferences is for the Panel to discuss its draft
report peer reviewing the agency's draft toxicological review. The two
public teleconferences will be conducted as one complete meeting,
beginning on December 17, 2014 and if necessary, will continue on
December 19, 2014.
    Availability of Meeting Materials: Additional background on this
SAB activity, the teleconference agenda, draft report, and other
materials for the teleconferences will be posted on the SAB Web site at
http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/IRIS%20Ammonia?OpenDocument.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to EPA.
Members of the public can submit relevant comments pertaining to the
group conducting this SAB activity or meeting materials. Input from the
public to the SAB will have the most impact if it consists of comments
that provide specific scientific or technical information or analysis
for the SAB to consider. Members of the public wishing to provide
comment should contact the Designated Federal Officer for the relevant
advisory committee directly.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public teleconference will be limited to three
minutes per speaker. To be placed on the public speaker list for the
December 17, 2014 teleconference, interested parties should notify Dr.
Suhair Shallal, DFO, by email no later than December 10, 2014. Written
Statements: Written statements for these teleconferences should be
received in the SAB Staff Office by the same deadlines given above for
requesting oral comments. Written statements should be supplied to the
DFO via email (acceptable file format: Adobe Acrobat PDF, MS Word,
WordPerfect, MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/
2000/XP format). It is the SAB Staff Office general policy to post
written comments on the Web page for the advisory meeting or
teleconference. Submitters are requested to provide an unsigned version
of each document because the SAB Staff Office does not publish
documents with signatures on its Web sites. Members of the public
should be aware that their personal contact information, if included in
any written comments, may be posted to the SAB Web site. Copyrighted
material will not be posted without explicit permission of the
copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Shallal at the phone
number or email address noted above, preferably at least ten days prior
to the teleconferences, to give the EPA as much time as possible to
process your request.

    Dated: November 6, 2014.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2014-27128 Filed 11-14-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Rules and Regulations]
[Pages 73119-73122]
[FR Doc No: 2015-29825]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0593; A-1-FRL-9939-24-Region 1]

Air Plan Approval; ME; Repeal of the Maine's General Conformity
Provision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maine.
This revision removes State Regulation Chapter 141--Conformity of
General Federal Actions from the SIP. The intended effect of this
action is to remove the repealed State Regulation and leave the Federal
General Conformity provisions in place to demonstrate conformity with
the applicable SIP as required by section 176(c) of the Clean Air Act.
This action is being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective January 25, 2016,
unless EPA receives adverse comments by December 24, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2015-0593 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2015-0593'',
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2015-0593. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov, or email, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at http://www.regulations.gov or at U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
    In addition, copies of the state submittal and EPA's technical
support document are also available for public inspection during normal
business hours, by appointment at the State Air Agency; the Bureau of
Air Quality Control, Department of Environmental Protection, First
Floor of the Tyson Building, Augusta Mental Health Institute Complex,
Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Unit, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. State Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    Section 176(c) of the Clean Air Act, as amended (the Act),
prohibits Federal entities from taking actions in nonattainment or
maintenance areas which do not conform to the State Implementation Plan
(SIP) for the attainment and maintenance of the national ambient air
quality standards (NAAQS). Therefore, the purpose of conformity is to:
(1) Ensure Federal activities do not interfere with the emission
budgets in the SIPs; (2) ensure actions do not cause or contribute to
new violations; and (3) ensure attainment and maintenance of the NAAQS.
Section 176(c) of the Act also requires EPA to promulgate criteria and
procedures for demonstrating and ensuring conformity of Federal actions
to an applicable implementation plan developed pursuant to Section 110
and Part D of the Act. EPA promulgated a final rulemaking on November
30, 1993 consisting of 40 CFR part 93, subpart B ``Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans,'' which applied to Federal agencies immediately
(hereafter referred to as the General Conformity rule); and 40 CFR part
51, subpart W ``Determining conformity of general Federal Actions to
State or Federal Implementation Plans'' which established requirements
for States in submitting SIPs. The general conformity rules, except for
the 40 CFR 51.851(a) language requiring State submission of a SIP
revision, were repeated at 40 CFR part 93, subpart B. The General
Conformity rule establishes the criteria and procedures governing the
determination of conformity for all Federal actions, except Federal
highway and transit actions.\1\
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    \1\ Conformity to State or Federal Implementation Plans of
transportation plans, programs, and projects which are developed,
funded or approved under Title 23 U.S.C. or the Federal Transit Laws
are implemented under 40 CFR part 51, subpart T, and 40 CFR part 93,
subpart A.
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    The General Conformity rule also establishes the criteria for EPA
approval of SIPs. See 40 CFR 51.851 and 93.151. These criteria provide
that the state provisions must be at least as stringent as the
requirements specified in EPA's General Conformity rule, and that they
can be more stringent only if they apply equally to Federal and non-
Federal entities (Sec. Sec.  51.851(b)). Following EPA approval of the
State conformity provisions in a SIP revision, the approved State
criteria and procedures would govern conformity determinations and the
Federal conformity regulations contained in 40 CFR part 51 and part 93
would apply only for the portion, if any, of the State's conformity
provisions that is not approved by EPA. Finally, all SIP-approved
requirements relating to general conformity remain enforceable until
the State revises its SIP to specifically remove them from the SIP and
that revision is approved by EPA.
    On October 11, 1996, the State of Maine submitted a formal revision
to its SIP. The SIP revision consisted of incorporating-by-reference 40
CFR 51.850 through 51.860 (with the exception of Sec.  51.851) thereby
establishing general conformity criteria and procedures in the Maine
SIP no more stringent than the Federal rule and not imposing any
additional controls on non-Federal entities. EPA approved Maine's
General Conformity SIP through a direct final rule published in the
Federal Register on September 23, 1997, (62 FR 49608-49611) and
effective November 24, 1997.
    On June 29, 2007, the State of Maine submitted a second revision to
its General Conformity SIP. This SIP revision consists of incorporating
by reference 40 CFR 51.852 (Definitions), and 51.853 (Applicability),
of 40 CFR part 51, subpart W, ``Determining Conformity of General
Federal Actions to State or Federal Implementation Plans,'' as amended
on July 17, 2006 in the Federal Register (71 FR 40420-40426). By
incorporating by reference the amended General Conformity rule, Maine's
Chapter 141 ``Conformity of General Federal Actions,'' is no more
stringent than the Federal rule and does not impose any additional
controls on non-Federal entities. EPA approved Maine's revision to its
General Conformity SIP through a direct final rule published in the
Federal Register on February 20, 2008 (73 FR 9203-9206) and effective
on April 21, 2008.
    On April 5, 2010, EPA revisited the Federal General Conformity
Requirements Rule to clarify the conformity process, authorize
innovative and flexible compliance approaches, remove outdated or
unnecessary requirements, reduce the paperwork burden, provide
transition tools for implementing new standards, address issues raised
by Federal agencies affected by the rules, and provide a better
explanation of conformity regulations and policies. EPA's April 2010
revised rule simplified state SIP requirements for general conformity,
eliminating duplicative general conformity provisions codified at 40
CFR part 93, subpart B and 40 CFR part 51, subpart W by removing
section 51.850, and sections 51.852 through 51.860. Finally, the April
2010 revision updated the Federal General Conformity Requirements Rule
to reflect changes to governing laws passed by Congress since EPA's
1993 rule.
    The ``Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users,'' (SAFETEA-LU) passed by Congress in 1995
contains a provision eliminating the Clean Air Act requirement for
states to adopt general conformity SIPs. As a result of SAFETEA-LU,
EPA's April 2010 General Conformity rule eliminated the Federal
regulatory requirement for states to adopt and submit general
conformity SIPs, instead making submission of a general conformity SIP
a state option.
    The 2010 General Conformity amendments (Sections 51.851(c) as well
as section 93.151) restated the requirement that in the absence of an
EPA approved General Conformity SIP, Federal agencies shall use the
provisions of 40 CFR part 93, subpart B to demonstrate conformity with
the applicable implementation plan as required by section 176(c) of the
Clean Air Act (42 U.S.C. 7506).

II. State Submittal

    On August 18, 2015, the Maine Department of Environmental
Protection submitted a formal SIP revision to remove Chapter 141-
Conformity of General Federal Actions. Maine's Chapter 141 regulation
incorporated-by-reference 40 CFR part 51, subpart W ``Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans'' as published in the November 30, 1993, Federal
Register (58 FR 63247-63253) and amended in the July 17, 2006 Federal
Register, (71 FR 40420-40426). As stated above all of the general
conformity provisions referenced in Maine's General Conformity
regulation were deleted as duplicative on April 5, 2010. At the time
they were approved into the SIP, provisions of Maine's General
Conformity SIP were no less stringent then the Federal General
Conformity regulations, nor did the SIP establish more stringent
conformity criteria and procedures applying equally to non-Federal as
well as Federal entities.
    As the State of Maine did not revise its SIP-approved Chapter 141--

Conformity of General Federal Actions following EPA's April 5, 2010
General Conformity amendments, the current State rule with a state
effective date of April 19, 2007, does not provide any flexibility, or
relaxation to the general conformity criteria and procedures as allowed
by the amendments.
    Maine Department of Environmental Protection repealed Chapter 141
in July 2015 after public notice and opportunity for public hearing.
The removal of Chapter 141--Conformity of General Federal Actions from
the SIP will leave the Federal General Conformity Regulations at 40 CFR
93.150 through 93.165 as well as 40 CFR 51.851, in place for
administrative and enforcement purposes. Once EPA approves the removal
of Chapter 141 from Maine's SIP, Federal actions can take advantage of
the flexibility provided by the Federal General Conformity Rule. Please
note that if EPA receives adverse comment on an amendment, paragraph,
or section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.

III. Final Action

    EPA is approving Maine's August 18, 2015, SIP revision to remove
Chapter 141--Conformity of General Federal Actions from the SIP. EPA
has evaluated this SIP revision and has determined that the State has
complied with its administrative procedures to repeal Chapter 141. The
appropriate public participation and comprehensive interagency
consultations have been undertaken during development and adoption of
this SIP revision. Finally, EPA has determined that removing Chapter
141 from the Maine SIP will result in Federal agencies using the
provisions of 40 CFR part 93, subpart B to demonstrate conformity with
the applicable implementation plan as required by section 176(c) of the
Clean Air Act (42 U.S.C. 7506). Federal actions can take advantage of
the flexibility provided by the Federal General Conformity Rule which
includes EPA's April 2010 General Conformity Amendments.
    EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective January
25, 2016 without further notice unless the Agency receives relevant
adverse comments by December 24, 2015.
    If EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on January 25, 2016 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 25, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of

proposed rulemaking for this action published in the proposed rules
section of the Federal Register, rather than file an immediate petition
for judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: November 5, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart U--Maine

Sec.  52.1020  [Amended]

0
2. In Sec.  52.1020(c), the table is amended by removing the entry for
Chapter 141, ``Conformity of General Federal Actions.''

[FR Doc. 2015-29825 Filed 11-23-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3790-3791]
[FR Doc No: 2016-01233]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-144-000]

Florida Gas Transmission Company, LLC: Notice of Availability of
the Environmental Assessment for the Proposed Jacksonville Expansion
Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Jacksonville Expansion Project, proposed by the Florida Gas
Transmission Company, LLC (FGT) in the above-referenced docket. FGT
requests authorization to construct about 8.7 miles of natural gas
pipeline and associated aboveground facilities in Suwannee, Columbia,
Bradford, and Clay Counties, Florida. The purpose is to provide a total
of approximately 75,000 MMBtu/d of natural gas capacity to be delivered
at various amounts at several points throughout Florida.
    The EA assesses the potential environmental effects of constructing
and operating the Jacksonville Expansion Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The FERC
staff concludes that approval of the proposed project, with appropriate
mitigating measures, would not constitute a major federal action
significantly affecting the quality of the human environment.
    The proposed Jacksonville Expansion Project includes the following
facilities:
     Approximately 3.0 miles of 30-inch-diameter looping
pipeline and associated facilities \1\ in Suwannee and Columbia
Counties;
---------------------------------------------------------------------------

    \1\ Associated facilities include new or relocated pig launchers
and receivers, valves, and cathodic protection equipment.
---------------------------------------------------------------------------

     one new compressor unit, re-wheel an existing turbine
compressor unit, and construct and modify piping and valves at
Compressor Station 16 in Bradford County;
     approximately 5.7 miles of 20-inch-diameter looping
pipeline and associated facilities in Bradford and Clay Counties; and
     a new regulation station in Bradford County.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers and libraries in the project area; and parties to
this proceeding. In addition, the EA is available for public viewing on
the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before February
15, 2016.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP15-144-000) with your submission. 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 on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. 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.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\2\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
---------------------------------------------------------------------------

    \2\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the 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 link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP15-
144). 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 which 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/docs-filing/esubscription.asp.

    Dated: January 15, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-01233 Filed 1-21-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Notices]
[Pages 40718-40720]
[FR Doc No: 2020-14507]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89199; File No. SR-NYSE-2020-56]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Temporary Period for Specified Commentaries to Rules 7.35,
7.35A, 7.35B, and 7.35C

June 30, 2020.
    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 June 25, 2020, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to extend the temporary period for specified
Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C; Supplementary
Material .20 to Rule 76; and temporary rule relief in Rule 36.30, to
end on the earlier of a full reopening of the Trading Floor facilities
to DMMs or after the Exchange closes on July 31, 2020. 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 extend the temporary period for specified
Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C; Supplementary
Material .20 to Rule 76; and temporary rule relief to Rule 36.30, to
end on the earlier of a full reopening of the Trading Floor facilities
to DMMs or after the Exchange closes on July 31, 2020. The current
temporary period that these Rules are in effect ends on the earlier of
a full reopening of the Trading Floor facilities to DMMs or after the
Exchange closes on June 30, 2020.
Background
    To slow the spread of COVID-19 through social-distancing measures,
on March 18, 2020, the CEO of the Exchange made a determination under
Rule 7.1(c)(3) that, beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.\4\ On May 14, 2020, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) to reopen the Trading Floor on a
limited basis on May 26, 2020 to a subset of Floor brokers, subject to
safety measures designed to prevent the spread of COVID-19.\5\ On June
15, 2020, the CEO of the Exchange made a determination under Rule
7.1(c)(3) to begin the second phase of the Trading Floor reopening by
allowing DMMs to return on June 17, 2020, subject to safety measures

designed to prevent the spread of COVID-19.\6\
---------------------------------------------------------------------------

    \4\ Pursuant to Rule 7.1(e), the CEO notified the Board of
Directors of the Exchange of this determination. The Exchange's
current rules establish how the Exchange will function fully-
electronically. The CEO also closed the NYSE American Options
Trading Floor, which is located at the same 11 Wall Street
facilities, and the NYSE Arca Options Trading Floor, which is
located in San Francisco, CA. See Press Release, dated March 18,
2020, available here: https://ir.theice.com/press/press-releases/all-categories/2020/03-18-2020-204202110.
    \5\ See Securities Exchange Act Release No. 88933 (May 22,
2020), 85 FR 32059 (May 28, 2020) (SR-NYSE-2020-47) (Notice of
filing and immediate effectiveness of proposed rule change).
    \6\ See Securities Exchange Act Release No. 89086 (June 17,
2020) (SR-NYSE-2020-52) (Notice of filing and immediate
effectiveness of proposed rule change).
---------------------------------------------------------------------------

Proposed Rule Change
    The Exchange has modified its rules to add Commentaries to Rules
7.35, 7.35A, 7.35B, and 7.35C; Supplementary Material to Rule 76; and
rule relief in Rule 36.30 \7\ that are in effect until the earlier of a
full reopening of the Trading Floor facilities to DMMs or after the
Exchange closes on June 30, 2020.\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 88413 (March 18,
2020), 85 FR 16713 (March 24, 2020) (SR-NYSE-2020-19) (amending Rule
7.35C to add Commentary .01); 88444 (March 20, 2020), 85 FR 17141
(March 26, 2020) (SR-NYSE-2020-22) (amending Rules 7.35A to add
Commentary .01, 7.35B to add Commentary .01, and 7.35C to add
Commentary .02); 88488 (March 26, 2020), 85 FR 18286 (April 1, 2020)
(SR-NYSE-2020-23) (amending Rule 7.35A to add Commentary .02); 88546
(April 2, 2020), 85 FR 19782 (April 8, 2020) (SR-NYSE-2020-28)
(amending Rule 7.35A to add Commentary .03); 88562 (April 3, 2020),
85 FR 20002 (April 9, 2020) (SR-NYSE-2020-29) (amending Rule 7.35C
to add Commentary .03); 88705 (April 21, 2020), 85 FR 23413 (April
27, 2020) (SR-NYSE-2020-35) (amending Rule 7.35A to add Commentary
.04); 88725 (April 22, 2020), 85 FR 23583 (April 28, 2020) (SR-NYSE-
2020-37) (amending Rule 7.35 to add Commentary .01); 88950 (May 26,
2020), 85 FR 33252 (June 1, 2020) (SR-NYSE-2020-48) (amending Rule
7.35A to add Commentary .05); 89059 (June 12, 2020), 85 FR 36911
(June 18, 2020) (SR-NYSE-2020-50) (amending Rule 7.35C to add
Commentary .04); and 89086 (June 17, 2020) (SR-NYSE-2020-52)
(amending Rules 7.35A to add Commentary .06, 7.35B to add Commentary
.03, 76 to add Supplementary Material 20, and Supplementary Material
.30 to Rule 36).
    \8\ See Securities Exchange Act Release No. 88933 (May 22,
2020), 85 FR 32059 (May 28, 2020) (SR-NYSE-2020-47) (Notice of
filing and immediate effectiveness of proposed rule change to extend
the temporary period for Commentaries to Rules 7.35, 7.35A, 7.35B,
and 7.35C to end on the earlier of a full reopening of the Trading
Floor facilities to DMMs or after the Exchange closes on June 30,
2020).
---------------------------------------------------------------------------

    The first and second phases of the reopening of the Trading Floor
are subject to safety measures designed to prevent the spread of COVID-
19. To meet these safety measures, Floor brokers and DMM units that
have chosen to return to the Trading Floor are operating with reduced
staff. The Exchange is therefore proposing to extend the following
temporary rules until such time that there is a full reopening of the
Trading Floor facilities to DMMs:
     Commentary .01 to Rule 7.35; \9\
---------------------------------------------------------------------------

    \9\ Because DMMs are not obligated to return to a Floor, an IPO
Auction may still be conducted by a DMM remotely as provided for in
Commentary .04 to Rule 7.35A. If a DMM chooses to conduct an IPO
Auction remotely, Floor brokers on the Trading Floor will not have
access to IPO Auction imbalance information.
---------------------------------------------------------------------------

     Commentaries .01, .02, .03, .04, .05, and .06 to Rule
7.35A;
     Commentaries .01 and .03 to Rule 7.35B;
     Commentaries .01, .02, .03, and .04 to Rule 7.35C;
     Supplementary Material .20 to Rule 76; and
     Amendments to Rule 36.30.
    The Exchange is not proposing any substantive changes to these
Rules.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\10\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\11\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    To reduce the spread of COVID-19, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) that beginning March 23, 2020, the
Trading Floor facilities located at 11 Wall Street in New York City
would close and the Exchange would move, on a temporary basis, to fully
electronic trading. On May 14, 2020, the CEO made a determination under
Rule 7.1(c)(3) that, beginning May 26, 2020, the Trading Floor would be
partially reopened to allow a subset of Floor brokers to return to the
Trading Floor. On June 15, 2020, the CEO made a determination under
Rule 7.1(c)(3) that, beginning June 17, 2020, DMM units may choose to
return a subset of staff to the Trading Floor.
    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the Trading Floor has not yet reopened
in full to DMMs or Floor brokers. Accordingly, the Exchange believes
that the temporary rule changes in effect pursuant to the Commentaries
to Rules 7.35, 7.35A, 7.35B, and 7.35C; Supplementary Material .20 to
Rule 76; and amendments to Rule 36.30, which are intended to be in
effect during the temporary period while the Trading Floor has not yet
opened in full to DMMs, should be extended until such time that there
is a full reopening of the Trading Floor facilities to DMMs. The
Exchange is not proposing any substantive changes to these Rules.
    The Exchange believes that, by clearly stating that this relief
will be in effect through the earlier of a full reopening of the
Trading Floor facilities to DMMs or the close of the Exchange on July
31, 2020, market participants will have advance notice of the temporary
period during which the Commentaries to Rules 7.35, 7.35A, 7.35B, and
7.35C; Supplementary Material .20 to Rule 76, and amendments to Rule
36.30 will be in effect.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather would extend
the period during which Commentary .01 to Rule 7.35; Commentaries .01,
.02, .03, .04, 05, and .06 to Rule 7.35A; Commentaries .01 and .03 to
Rule 7.35B; Commentaries .01, .02, .03, and .04 to Rule 7.35C;
Supplementary Material .20 to Rule 76; and amendments to Rule 36.30
will be in effect. These Commentaries are intended to be in effect
during the temporary period while the Trading Floor has not yet been
opened in full to DMMs and Floor brokers and currently expire on June
30, 2020. Because the Trading Floor has not been opened in full to
DMMs, the Exchange proposes to extend the temporary period for these
temporary rules to end on the earlier of a full reopening of the
Trading Floor facilities to DMMs or after the Exchange closes on July
31, 2020.

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 \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section

19(b)(3)(A)(iii) of the Act \14\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization 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 fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\17\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may take effect immediately. The Exchange believes that waiver of the
operative delay is consistent with the protection of investors and the
public interest because it will allow the rules discussed above to
remain in effect during the temporary period during which the Trading
Floor has not yet been reopened in full to DMMs. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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) \19\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-56 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2020-56. 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-NYSE-2020-56 and should be submitted on
or before July 28, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-14507 Filed 7-6-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56249-56254]
[FR Doc No: 2011-23170]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65266; File No. SR-BATS-2011-032]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of Proposed Rule Change by BATS Exchange, Inc. To Adopt Rules
Applicable to Auctions Conducted by the Exchange for Exchange-Listed
Securities

September 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 22, 2011, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt rules governing auctions conducted
on the Exchange for securities listed on the Exchange.\3\
---------------------------------------------------------------------------

    \3\ The Commission notes that the Exchange separately proposed,
and the Commission approved, rules for the qualification, listing
and delisting of companies on the Exchange. See Securities Exchange
Act Release No. 34-65225 (August 30, 2011), 76 FR 55148 (September
6, 2011) (SR-BATS-2011-018).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to adopt rules to govern auctions
conducted on the Exchange for securities listed on the Exchange
(``Exchange Auctions'').
Organization
    The Exchange proposes adoption of definitions to govern Exchange
Auctions in paragraph (a) of new Rule 11.23. Proposed paragraph (b) of
Rule 11.23 sets forth the process for conducting an opening auction on
the Exchange (``Opening Auction'') and determining an official opening
price for dissemination to the consolidated tape (``BATS Official
Opening Price''). Proposed paragraph (c) applies to the process for
conducting a closing auction on the Exchange (``Closing Auction'') and
determining an official closing price for dissemination to the
consolidated tape (``BATS Official Closing Price''). Finally, proposed
paragraph (d) describes the Exchange's process for conducting an
auction in the event of an initial public offering (``IPO'') or a halt
of trading in the security (``IPO Auction'' or ``Halt Auction'',
respectively). Each of the Opening Auction, Closing Auction, IPO
Auction and Halt Auction operated by BATS will be a single-price Dutch
auction to match buy and sell orders at the price at which the most
shares would execute.
BATS Auction Feed
    In addition to the adoption of Rule 11.23, described in greater
detail below, the Exchange proposes to add new paragraph (i) to Rule
11.22 to describe a new data feed that will be offered by the Exchange
in connection with auctions conducted by the Exchange, the ``BATS
Auction Feed.'' The BATS Auction Feed will be available to Exchange
data recipients \4\ without charge.
---------------------------------------------------------------------------

    \4\ Exchange data recipients include Members of the Exchange as
well as non-Members that have entered into an agreement with the
Exchange that permits them to receive Exchange data.
---------------------------------------------------------------------------

    The BATS Auction Feed will be available to all Exchange data
recipients equally, and will offer all firms with uncompressed real-
time data regarding the current status of price and size information
related to auctions conducted by the Exchange. The Exchange will make
the BATS Auction Feed available to all market participants via
subscription through an established connection to the Exchange through
extranets, direct connection, and Internet-based virtual private
networks.
    The BATS Auction Feed will contain the following data elements:
     Time stamp. The time of the message.
     Reference Price. The Reference Price will be the price
within the Reference Price Range that maximizes the number of Eligible
Auction Order (as defined below) shares associated with the lesser of
the Reference Buy Shares and the Reference Sell Shares as determined at
each price level within the Reference Price Range, that minimizes the
absolute difference between Reference Buy Shares and Reference Sell
Shares, and minimizes the distance from the Volume Based Tie Breaker
(as defined below).
     Reference Price Range. The Reference Price Range will be
the range from the best bid on the BATS Book (the ``ZBB'') to the best
offer on the BATS Book (the ``ZBO'') for a particular security. In the
event that there is either no ZBB or ZBO for the security, the national
best bid or offer (``NBBO'') will be used if there is at least one
limit order on either the Continuous Book or the Auction Book. In the
event that there is also either no national best bid (``NBB'') or
national best offer (``NBO'') for the security or no limit orders on
the Continuous Book and Auction Book, the price of the ``Final Last
Sale Eligible Trade'' (as defined below) will be used.
     Indicative Price. The Indicative Price will be the price
at which the most shares from the Auction Book \5\ and the Continuous
Book \6\ would match.
---------------------------------------------------------------------------

    \5\ The term ``Auction Book'' refers to the book of Eligible
Auction Orders available on the BATS Book.
    \6\ The term ``Continuous Book'' refers to all orders available
on the Exchange that are not Eligible Auction Orders.
---------------------------------------------------------------------------

     Auction Only Price. The Auction Only Price will be the
price at which the most shares from the Auction Book would match. In
the event of a volume based tie at multiple price levels, the Opening
Auction price will be the price closest to the Volume Based Tie
Breaker.
     Reference Buy Shares. Reference Buy Shares will be the
total number of shares associated with buy-side Eligible Auction Orders
that are priced equal to or greater than the Reference Price.
     Reference Sell Shares. Reference Sell Shares will be the
total number of shares associated with sell-side Eligible Auction
Orders that are priced equal to or less than the Reference Price.
    For purposes of the BATS Auction Feed, and the auction processes of
the Exchange generally, the term ``Final Last Sale Eligible Trade''
shall mean the last trade occurring during Regular Trading Hours on the
Exchange if the trade was executed within the last one second prior to
either the Closing Auction or, for Halt Auctions, trading in the
security being halted. Where the trade was not executed within the last
one second, the last trade reported to the consolidated tape received
by BATS during Regular Trading Hours and, where applicable, prior to
trading in the security being halted will be used. If there is no
qualifying trade for the current day, the BATS Official Closing Price
(as defined below) from the previous trading day will be used.
    By making the BATS Pricing Feed data available, the Exchange
enhances market transparency and fosters competition among orders and
markets. At this time, the Exchange does not have plans to charge any
fee associated with the receipt of the BATS Auction Feed.\7\ Should the
Exchange determine to charge fees associated with the BATS Auction
Feed, the Exchange will submit a proposed rule change to the Commission
in order to implement those fees.
---------------------------------------------------------------------------

    \7\ The Exchange does not charge directly for the majority of
the data feeds that it offers, nor will the Exchange charge for the
BATS Auction Feed. The Exchange notes that it does charge for ports
used for receipt of data from the Exchange in order to offset
certain infrastructure costs. These fees apply to ports associated
with receipt of all of the Data Feeds except for Multicast PITCH,
recipients of which are provided with 12 pairs of the requisite
ports free of charge. See Securities Exchange Act Release No. 60586
(August 28, 2009), 74 FR 46256 (September 8, 2009) (SR-BATS-2009-
026) (order approving proposal to impose fees for ports used for
order entry and receipt of market data); see also Securities
Exchange Act Release No. 63857 (February 7, 2011), 76 FR 7891
(February 11, 2011) (SR-BATS-2011-004) (notice of filing and
immediate effectiveness of proposed rule change related to BATS
Exchange fees, including modification of port fees).
---------------------------------------------------------------------------

Order Types To Participate in Auctions
    The Exchange proposes to offer the following order types in
connection with BATS Opening Auctions:

     A ``Market-On-Open'' or ``MOO'' order, which will be a
BATS market order that is designated for execution only in the Opening
Auction;
     A ``Limit-On-Open'' or ``LOO'' order, which will be a BATS
limit order that is designated for execution only in the Opening
Auction; and
     A ``Late-Limit-On-Open'' or ``LLOO'' order, which will be
a BATS limit order that is designated for execution only in the Opening
Auction. To the extent a LLOO bid or offer received by the Exchange has
a limit price that is more aggressive than the ZBB or ZBO, the price of
such bid or offer is adjusted to be equal to the ZBB or ZBO,
respectively, at the time of receipt by the Exchange. Where the ZBB or
ZBO becomes more aggressive, the limit price of the LLOO bid or offer
will be adjusted to the more aggressive price, only to the extent that
the more aggressive price is not more aggressive than the original User
\8\ entered limit price. The limit price will never be adjusted to a
less aggressive price. In the event that there is no best bid or offer
on the Exchange (``ZBBO''), the NBBO will be used to constrain the
limit price. If there is also no NBBO, the LLOO will assume its entered
limit price.
---------------------------------------------------------------------------

    \8\ A ``User'' is defined in BATS Rule 1.5(cc) as any member or
sponsored participant of the Exchange who is authorized to obtain
access to the System.
---------------------------------------------------------------------------

    The Exchange proposes to offer the following order types in
connection with BATS Closing Auctions, each of which mirrors an order
type available for the Opening Auction:
     A ``Market-On-Close'' or ``MOC'' order, which will be a
BATS market order that is designated for execution only in the Closing
Auction;
     A ``Limit-On-Close'' or ``LOC'' order, which will be a
BATS limit order that is designated for execution only in the Closing
Auction;
     A ``Late-Limit-On-Close'' or ``LLOC'', which will be a
BATS limit order that is designated for execution only in the Closing
Auction. To the extent a LLOC bid or offer received by the Exchange has
a limit price that is more aggressive than the ZBB or ZBO, the price of
such bid or offer is adjusted to be equal to the ZBB or ZBO,
respectively, at the time of receipt by the Exchange. Where the ZBB or
ZBO becomes more aggressive, the limit price of the LLOC bid or offer
will be adjusted to the more aggressive price, only to the extent that
the more aggressive price is not more aggressive than the original User
entered limit price. The limit price will never be adjusted to a less
aggressive price. In the event that there is no ZBBO, the NBBO will be
used to constrain the limit price. If there is also no NBBO, the LLOC
will assume its entered limit price.
    In addition to the order types described above, the Exchange
proposes to offer a ``Regular Hours Only'' or ``RHO'' order, which will
be a BATS order that is designated for execution only during Regular
Trading Hours,\9\ which includes the Opening Auction, the Closing
Auction, and IPO/Halt Auctions. A RHO order, if not executed in an
applicable auction can be executed within a BATS Auction or on the
Exchange's book outside of a BATS Auction but will not be subject to
execution outside of Regular Trading Hours.
---------------------------------------------------------------------------

    \9\ As defined in Rule 1.5(w), ``Regular Trading Hours'' is the
time between 9:30 a.m. and 4 p.m. Eastern Time.
---------------------------------------------------------------------------

Opening Auction
Order Entry and Cancellation Before Opening Auction
    As proposed, the Exchange will allow Users to submit orders to the
Exchange starting at 8 a.m., the beginning of the Pre-Opening
Session.\10\ Any Eligible Auction Orders (as defined below) designated
for the Opening Auction will be queued until 9:30 a.m. at which time
they will be eligible to be executed in the Opening Auction. An
Eligible Auction Order, as proposed, would include any MOO, LOO, LLOO,
MOC, LOC, or LLOC order that is entered in compliance with its
respective cutoff for an Opening or Closing Auction, any RHO order
prior to the Opening Auction, and any limit or market order not
designated to exclusively participate in the Opening or Closing Auction
entered during the Quote-Only Period of an IPO or Halt Auction.
---------------------------------------------------------------------------

    \10\ As defined in Rule 1.5(r), the ``Pre-Opening Session'' is
the time between 8 a.m. and 9:30 a.m. Eastern Time.
---------------------------------------------------------------------------

    Users will also be allowed to submit LOO and MOO orders until 9:28
a.m., at which point any additional LOO and MOO orders submitted to the
Exchange will be rejected. RHO market orders will also be rejected
between 9:28 a.m. and 9:30 a.m. Users may submit LLOO orders between
9:28 a.m. and 9:30 a.m. Any LLOO orders submitted before 9:28 a.m. or
after 9:30 a.m. will be rejected. RHO limit orders submitted between
9:28 a.m. and 9:30 a.m. will be treated as LLOO orders until the
Opening Auction has concluded. Eligible Auction Orders designated for
the Opening Auction may not be cancelled or modified between 9:28 a.m.
and 9:30 a.m. Orders eligible for execution in the Pre-Opening Session
may be cancelled or modified at any time prior to execution.
Opening Auction Process for BATS Listed Securities
    The Exchange will conduct an Opening Auction for all BATS listed
securities. Beginning at 9:28 a.m. and updated every five seconds
thereafter, the Reference Price, Indicative Price, Auction Only Price,
Reference Buy Shares, and Reference Sell Shares associated with the
Opening Auction will be disseminated via electronic means.
    Auctions operated by the Exchange will utilize both a Collar Price
Range and a Volume Based Tie Breaker in certain situations. The Collar
Price Range will be the range from 10% of the Volume Based Tie Breaker
below the ZBB to 10% of the Volume Based Tie Breaker above the ZBO. In
the event that there is either no ZBB or ZBO for the security, the
Collar Price Range will be the range from 10% of the Volume Based Tie
Breaker below the NBB to 10% of the Volume Based Tie Breaker above the
NBO if there is at least one limit order on either the Continuous Book
or the Auction Book. In the event that there is also either no NBB or
NBO for the security or no limit orders on the Continuous Book and the
Auction Book, the range from 10% above and below the price of the Final
Last Sale Eligible Trade will be used. The term Volume Based Tie
Breaker will mean the midpoint of the ZBBO for a particular security.
In the event that there is either no ZBB or ZBO for the security, the
NBBO will be used if there is at least one limit order on either the
Continuous Book or the Auction Book. In the event that there is also
either no NBB or NBO for the security or no limit orders on the
Continuous Book and the Auction Book, the price of the Final Last Sale
Eligible Trade will be used.
    The Opening Auction price will be established by determining the
price level within the Collar Price Range that maximizes the number of
shares executed between the Continuous Book and Auction Book in the
Opening Auction. In the event of a volume based tie at multiple price
levels, the Opening Auction price will be the price closest to the
Volume Based Tie Breaker. In the event that at the time of the Opening
Auction there are no limit orders on both the Continuous Book and the
Auction Book, the Opening Auction will occur at the price of the Final
Last Sale Eligible Trade. The Opening Auction price will be the BATS
Official Opening Price. In the event that there is no Opening Auction
for an issue, the BATS Official Opening Price will be the price

of the Final Last Sale Eligible Trade, which will be the previous BATS
Official Closing Price.
    MOO and market RHO orders have priority over all other Opening
Auction Eligible Orders. To the extent there is executable contra side
interest, such MOO and market RHO orders will execute at the BATS
Official Opening Price in accordance with time priority. After the
execution of all MOO and market RHO orders, the remaining orders priced
at or more aggressively than the BATS Official Opening Price on the
Auction Book and the Continuous Book will be executed on the basis of
price priority. Equally priced trading interest shall execute in time
priority in the following order: (i) The displayed portion of limit
orders, LOO orders, LLOO orders, and limit RHO orders (all such orders
to have equal priority after execution of all MOO and market RHO
orders); (ii) non-displayed orders; and (iii) the reserve portion of
Limit Orders.
Transition to Regular Trading Hours
    Limit order shares on the Continuous Book that are not executed in
the Opening Auction will remain on the Continuous Book during Regular
Trading Hours, subject to the User's instructions. RHO order shares
that are not executed in the Opening Auction will be added to the
Continuous Book at the conclusion of the Opening Auction, subject to
the User's instructions. LOO, LLOO, and MOO orders that are not
executed in the Opening Auction will be cancelled immediately at the
conclusion of the Opening Auction.
Closing Auction
Order Entry and Cancellation Before Closing Auction
    As proposed, Users may submit orders to the Exchange starting at 8
a.m., the beginning of the Pre-Opening Session. Any Eligible Auction
Orders designated for the Closing Auction will be queued until 4 p.m.
at which time they will be eligible to be executed in the Closing
Auction. Users may submit LOC and MOC orders until 3:55 p.m., at which
point any additional LOC and MOC orders submitted will be rejected.
Unlike in the Opening Auction, User submitted Market RHO orders will be
accepted immediately prior to the Closing Auction. Users may submit
LLOC orders between 3:55 p.m. and 4 p.m. Any LLOC orders submitted
before 3:55 p.m. or after 4 p.m. will be rejected.
    Eligible Auction Orders designated for the Closing Auction may not
be cancelled between 3:55 p.m. and 4 p.m. Orders eligible for execution
during Regular Trading Hours may be cancelled at any time prior to
execution.
Closing Auction Process for BATS Listed Securities
    The Exchange will conduct a Closing Auction for all BATS listed
securities. Beginning at 3:55 p.m. and updated every five seconds
thereafter, the Reference Price, Indicative Price, Auction Only Price,
Reference Buy Shares, and Reference Sell Shares associated with the
Closing Auction will be disseminated via electronic means. The Closing
Auction price will be established by determining the price level within
the Collar Price Range that maximizes the number of shares executed
between the Continuous Book and Auction Book in the Closing Auction. In
the event of a volume based tie at multiple price levels, the Closing
Auction price will be the price closest to the Volume Based Tie
Breaker. In the event that at the time of the Closing Auction there are
no limit orders on both the Continuous Book and the Auction Book, the
Closing Auction will occur at the price of the Final Last Sale Eligible
Trade. The Closing Auction price will be the BATS Official Closing
Price. In the event that there is no Closing Auction for an issue, the
BATS Official Closing Price will be the price of the Final Last Sale
Eligible Trade.
    MOC orders have priority over all other Closing Auction Eligible
Orders. To the extent there is executable contra side interest, such
MOC orders will be executed at the BATS Official Closing Price
according to time priority. After the execution of all MOC orders, the
remaining orders priced at or more aggressively than the BATS Official
Closing Price on the Auction Book and the Continuous Book will be
executed on the basis of price priority. Equally priced trading
interest shall execute in time priority in the following order: (i) The
displayed portion of limit orders, LOC orders, LLOC orders, and limit
RHO orders (all such orders to have equal priority after execution of
all MOC orders); (ii) non-displayed orders; and (iii) the reserve
portion of Limit Orders.
Transition to After Hours Trading Session
    Limit Order shares on the Continuous Book that are not executed in
the Closing Auction will remain on the Continuous Book during the After
Hours Trading Session, subject to the User's instructions. RHO order
shares not executed in the Closing Auction will be cancelled at the
conclusion of the Closing Auction. LOC, LLOC, and MOC orders that are
not executed in the Closing Auction will be cancelled immediately at
the conclusion of the Closing Auction.
IPO and Halt Auctions
    For trading in a BATS listed security in an IPO or following a
trading halt in that security, the Exchange will conduct an IPO or Halt
Auction, as described below.
Order Entry and Cancellation Before an IPO or Halt Auction
    The Quote-Only Period is a period of time prior to an IPO or Halt
Auction during which the Exchange will permit Users to submit orders
but the Exchange will not execute any transactions in the applicable
security (i.e., there are no Continuous Book executions occurring while
orders are collected). The Quote-Only Period with respect to a Halt
Auction shall commence five (5) minutes prior to such Halt Auction. The
Quote-Only Period with respect to an IPO Auction shall commence fifteen
(15) minutes plus a short random period prior to such IPO Auction. The
Exchange has proposed a short random period of time prior to an IPO
Auction to provide a protective mechanism against potential
manipulation of the IPO price through orders entered for participation
in the IPO Auction but then withdrawn immediately prior to the
commencement of the auction process. There are no IPO or Halt Auction
specific order types. Any Eligible Auction Orders associated with an
IPO or Halt Auction will be queued until the end of the Quote-Only
Period at which time they will be eligible to be executed in the
associated auction. All orders associated with IPO or Halt Auctions
must be received prior to the end of the Quote-Only Period in order to
participate in the auction.
    Eligible Auction Orders associated with an IPO or Halt Auction may
be cancelled at any time prior to execution.
IPO and Halt Auction Process
    Coinciding with the beginning of the quotation only period for a
security and updated every five seconds thereafter, the Reference
Price, Indicative Price, Auction Only Price, Reference Buy Shares, and
Reference Sell Shares associated with the Halt Auction will be
disseminated via electronic means.
    The Quote-Only Period may be extended where: (i) There are
unmatched market orders on the Auction Book associated with the
auction; (ii) in an IPO Auction, the underwriter requests an extension;
or (iii) where the Indicative Price moves the greater of 10% or fifty
(50) cents in the fifteen (15) seconds prior to the

auction. The Exchange will typically extend the Quote-Only Period in
five minute intervals, however, reserves the right to vary this
interval and/or continue to extend the Quote-Only Period depending on
the nature and magnitude of the reason for the extension.
    Orders will be executed at the price that maximizes the number of
shares executed in the auction. In the event of a volume based tie at
multiple price levels, the price level closest to the issuing price
will be used for IPO Auctions and the price level closest to the Final
Last Sale Eligible Trade will be used for Halt Auctions. In the event
that there are no limit orders among the Eligible Auction Orders for a
Halt Auction, the Halt Auction will occur at the price of the Final
Last Sale Eligible Trade. In the event that there are no limit orders
among the Eligible Auction Orders for an IPO Auction, the IPO Auction
will occur at the issuing price. The IPO Auction price will be BATS
Official IPO Opening Price.
    If any orders are not executed in their entirety during the IPO or
Halt Auction, then the remaining shares from such orders shall be
executed in accordance with BATS Rule 11.13 after the completion of the
Halt Auction. After the completion of the IPO or Halt Auction, the
Exchange will open for trading in the security in accordance with
Chapter 11 of BATS Rules.
    Whenever, in the judgment of the Exchange, the interests of a fair
and orderly market so require, the Exchange may adjust the timing of or
suspend the auctions set forth in this Rule with prior notice to
Members. For purposes of Rule 611(b)(3) of Regulation NMS, orders
executed pursuant to the Opening Auction, Closing Auction, and Halt
Auction may trade-through any other Trading Center's Manual or
Protected Quotations if the transaction that constituted the trade-
through was a single-priced opening, reopening, or closing transaction
by the trading center.
    The Exchange also proposes language for Rule 11.23 to make clear
that all references including a.m. and p.m. times shall refer to times
in Eastern Time.
2. Statutory Basis
    Approval of the rule changes proposed in this submission is
consistent with the requirements of the Act and the rules and
regulations thereunder that are applicable to a national securities
exchange, and, in particular, with the requirements of Section 6(b) of
the Act.\11\ In particular, the proposed change is consistent with
Section 6(b)(5) of the Act,\12\ because it would 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, protect investors and the public interest. The Exchange
believes that operation of an Exchange Auction for securities listed on
the Exchange will assist in the price discovery process and help to
ensure a fair and orderly market for securities listed on the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    For the reasons described above, the Exchange's proposal is also
integral to its adoption of rules applicable to the qualification,
listing and delisting of companies on the Exchange.\13\ The Exchange's
proposal to operate as a primary listings market, including the
adoption of rules to conduct Exchange Auctions, comes at a time when
there are two dominant primary listing venues, the New York Stock
Exchange LLC (``NYSE'') and the NASDAQ Stock Market LLC (``Nasdaq'').
The Exchange believes that the proposed change would increase
competition by providing an alternative to Nasdaq and NYSE for a
company seeking to list its securities and for such securities to be
traded in an orderly fashion at the open and close of trading, as well
as in the context of an IPO or halted trading in the security.
Accordingly, the Exchange believes that the proposal will allow the
Exchange to provide companies with another option for raising capital
in the public markets, thereby promoting the aforementioned principles
discussed in Section 6(b)(5) of the Act.\14\ For the reasons described
above, the proposed rule change is also designed to support the
principles of Section 11A(a)(1) \15\ of the Act in that it seeks to
assure fair competition among brokers and dealers and among exchange
markets.
---------------------------------------------------------------------------

    \13\ See supra note 3.
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BATS-2011-032 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 No. SR-BATS-2011-032. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule changes 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

will also be available for inspection and copying at the principal
office of the Exchange. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File No. SR-
BATS-2011-032 and should be submitted on or before October 3, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23170 Filed 9-9-11; 8:45 am]
BILLING CODE P


[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Notices]
[Pages 2904-2905]
[FR Doc No: 2023-00838]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR23-21-000.
    Applicants: Columbia Gas of Maryland, Inc.
    Description: Sec.  284.123 Rate Filing: CMD Rates effective 12-9-
2022 to be effective 12/9/2022.
    Filed Date: 1/9/23.
    Accession Number: 20230109-5088.
    Comment Date: 5 p.m. ET 1/30/23.

    Docket Numbers: RP23-353-000.
    Applicants: Texas Eastern Transmission, LP.

    Description: Sec.  4(d) Rate Filing: Non-conforming Agreement--
Venture Global K911779 eff 1-1-23 to be effective 1/1/2023.
    Filed Date: 1/9/23.
    Accession Number: 20230109-5087.
    Comment Date: 5 p.m. ET 1/23/23.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP22-1033-002.
    Applicants: Northern Natural Gas Company.
    Description: Compliance filing: 20221222 Motion Adjusted Base Case
Rates to be effective 1/1/2023.
    Filed Date: 12/22/22.
    Accession Number: 20221222-5127.
    Comment Date: 5 p.m. ET 1/17/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date. The filings are accessible in the Commission's eLibrary
system (https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by
querying the docket number. 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: January 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-00838 Filed 1-17-23; 8:45 am]
BILLING CODE 6717-01-P