[Federal Register Volume 77, Number 213 (Friday, November 2, 2012)]
[Proposed Rules]
[Page 66165]
[FR Doc No: 2012-26746]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 77, No. 213 / Friday, November 2, 2012 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1158]

Proposed Flood Elevation Determinations for Scotland County, NC,
and Incorporated Areas

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed rule concerning proposed flood elevation determinations
for Scotland County, North Carolina, and Incorporated Areas.

DATES: This withdrawal is effective on November 2, 2012.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1158, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 16, 2010, FEMA published a
proposed rulemaking at 75 FR 78654, proposing flood elevation
determinations along one or more flooding sources in Scotland County,
North Carolina. FEMA is withdrawing the proposed rulemaking and intends
to publish a Notice of Proposed Flood Hazard Determinations in the
Federal Register and a notice in the affected community's local
newspaper following issuance of a revised preliminary Flood Insurance
Rate Map and Flood Insurance Study report.

    Authority: 42 U.S.C. 4104; 44 CFR 67.4.

    Dated: September 27, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-26746 Filed 11-1-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53533-53536]
[FR Doc No: 2022-18760]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34688; 812-15226]

Capital Southwest Corporation

August 25, 2022.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from section
12(d)(3) of the Act.

Summary of Application:  Applicant requests an order to permit a
business development company (``BDC'') to organize, acquire, and
wholly-own a portfolio company that intends to operate as an investment
adviser registered under the Investment Advisers Act of 1940 (the
``Advisers Act'').

Applicant:  Capital Southwest Corporation (the ``Company'' or
``Applicant'').

Filing Dates:  The application was filed on April 30, 2021, and amended
on September 1, 2021, February 28, 2022, and May 31, 2022.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at [email protected] and serving Applicant

with a copy of the request, by email. Hearing requests should be
received by the Commission by 5:30 p.m. on September 19, 2022 and
should be accompanied by proof of service on the applicant, in the form
of an affidavit, or for lawyers, a certificate of service. Pursuant to
rule 0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at [email protected].

Addresses:  The Commission: [email protected]. Applicant:
Michael S. Sarner, Chief Financial Officer, Secretary and Treasurer,
Capital Southwest Corporation at [email protected].

FOR FURTHER INFORMATION CONTACT: Kieran G. Brown, Senior Counsel, or
Kaitlin C. Bottock, Branch Chief, at<PHONE_NUMBER> (Division of
Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' first amended and
restated application, dated March 17, 2022, which may be obtained via
the Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field,
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

Company and Adviser Sub

    1. The Company is a Texas corporation that operates as an
internally managed, non-diversified, closed-end management investment
company. The Company has elected to be regulated as a BDC under the
Act. The Company's investment objective is to produce attractive risk-
adjusted returns by generating current income from its debt investments
and capital appreciation from its equity and equity related
investments. The Company's investment strategy is to partner with
business owners, management teams and financial sponsors to provide
flexible financing solutions to fund growth, changes of control, or
other corporate events.
    2. Capital Southwest Asset Management LLC (``Adviser Sub'') was
formed as a limited liability company under the laws of the State of
Delaware and will be a direct or an indirect wholly owned portfolio
company of the Company.\1\ As discussed below, the Adviser Sub intends
to operate as an investment adviser registered with the Commission
under the Advisers Act.\2\ The Company expects the Adviser Sub to
receive fees in connection with its management of one or more
privately-offered pooled investment vehicles, registered management
investment companies, BDCs, and/or investment accounts (collectively,
``Managed Accounts'') similar to those received by comparable
investment advisers.
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    \1\ Adviser Sub will be a wholly owned portfolio company of the
Company and will also fall within the definition of ``wholly owned
subsidiary'' for purposes of section 2(a)(43) of the Act.
    \2\ Adviser Sub has been formed, but it does not intend to
commence operations unless and until the relief requested in the
application has been granted.
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    3. The Company is, and the Adviser Sub will be, directly or
indirectly overseen by the Company's seven-member Board of Directors
(the ``Board''), of whom six are not considered ``interested persons''
of the Company within the meaning of section 2(a)(19) of the Act. In
its capacity as the Board of the Advisers Sub's parent company, the
Board will indirectly oversee the Adviser Sub.
    4. The Company has elected to be treated for U.S. federal income
tax purposes, and intends to qualify annually, as a regulated
investment company (``RIC'') under Subchapter M of the Internal Revenue
Code of 1986, as amended (the ``Code''). Applicant states that as a
RIC, the Company generally will not pay corporate-level federal income
taxes on any net ordinary income or capital gains that it distributes
to its stockholders as dividends in accordance with the timing
requirements of the Code. To maintain its RIC status, the Company must,
among other things, meet specified source-of-income requirements.
Applicant states that the Company will satisfy the source-of-income
test for purposes of qualifying as a RIC if it derives in each taxable
year at least 90% of its gross income from dividends, interest,
payments with respect to certain securities loans, gains from the sale
of stock or other securities or currencies, net income from certain
``qualified publicly traded partnerships'' (as defined in the Code) or
other income derived with respect to its business of investing in such
stock, securities or currencies (income from such sources, ``Good RIC
Income'').
    5. Applicant states that fee income received in connection with the
provision of services to the Managed Accounts generally would not
constitute Good RIC Income to the Company if it earned such income
directly. Therefore, in order for the Company to maintain its RIC
status while receiving the income from the provision of advisory
services to the Managed Accounts, the Company believes that it is in
the best interests of the Company and its shareholders for the Adviser
Sub to provide advisory services to and to receive fees from the
Managed Accounts instead of the Company providing such services and
receiving such fees directly.
    6. Under the Advisers Act, an investment adviser is generally
required to be registered if it has $100 million or more of regulatory
assets under management.\3\ An investment adviser may also register
under the Advisers Act in compliance with rule 203A-2(c)(1) of the
Advisers Act if it expects to be eligible to register an as adviser
within 120 days of registering. Applicant states that the Adviser Sub
will register as an investment adviser under the Advisers Act in
compliance with rule 203A-2(c)(1) of the Advisers Act after the relief
requested in the application is granted to the Company because the
Adviser Sub expects to have $100 million or more of regulatory assets
under management within 120 days of such registration.
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    \3\ In addition, an investment adviser to an investment company
registered under the Act or to a company that has elected to be a
BDC with $25 million or more of regulatory assets under management
would also be required to register under the Advisers Act.
Applicants state that the Adviser Sub also may act as an investment
adviser to an an investment company registered under the Act or to a
company that has elected to be a BDC with $25 million or more of
regulatory assets under management after the relief requested is
granted.
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Applicable Law

    1. Section 12(d)(3) makes it unlawful for any registered investment
company, and any company controlled by a registered investment company,
to acquire any interest in the business of a person who is either an
investment adviser of an investment company or an investment adviser
registered under the Advisers Act, unless (a) such person is a
corporation all the outstanding securities of which are owned by one or
more registered investment companies; and (b) such person is primarily
engaged in the business of underwriting and distributing securities
issued by other persons, selling securities issued by other persons,
selling securities to customers, or any one or more of such or related
activities, and the gross income of such person normally is derived
principally from such business or related activities. Section 60 of the
Act states that section 12 shall apply to a BDC to the same extent as
if it were

a registered closed-end investment company.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person or transaction from any provision of the Act if and to the
extent that such exemption is necessary or appropriate in the public
interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.

Applicant's Legal Analysis

    1. Applicant represents that the Company will own 100% of the
equity interests in the Adviser Sub. However, Applicant states that it
is not expected that the Adviser Sub would also be a broker-dealer that
is primarily engaged in the business of underwriting and distributing
securities issued by other persons. The ownership of the Adviser Sub,
at such point as it becomes registered as an investment adviser, could
thus cause the Company to be in violation of the provisions of section
12(d)(3) unless the requested Order is issued.\4\ In addition, the
Company expects that after the relief requested in the application is
granted the Adviser Sub will act as an investment adviser to investment
companies. To the extent it does so, relief from section 12(d)(3) is
also required because the Adviser Sub acting as an investment adviser
of an investment company would result in the Company acquiring a
security of an investment adviser of an investment company. Therefore,
Applicant requests the Order pursuant to section 6(c) of the Act
granting an exemption from the provisions of section 12(d)(3) of the
Act, to the extent necessary in order to permit the Company to
organize, acquire, and wholly own the securities of the Adviser Sub.
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    \4\ Rule 12d3-1(a) and (b) under the Act each provides limited
relief from the restrictions of section 12(d)(3) if the acquired
company derives 15 percent or less of its gross revenues from
securities related activities (as defined in the rule) or the
acquiring company owns not more than five percent of the outstanding
securities of that class of the acquired company's equity
securities. The Company does not believe that it may rely on this
relief with respect to its investment in Adviser Sub, since the
Company expects that a significant portion of the Adviser Sub's
gross revenues will be derived from securities related activities
and the Company will own all of the outstanding securities of the
Adviser Sub.
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    2. Applicant states that section 12(d)(3) was intended to: (a)
limit the risk of a registered investment company's exposure to the
entrepreneurial risks, or general liabilities, that are peculiar to
securities-related businesses; and (b) prevent potential conflicts of
interest and reciprocal practices between investment companies and
securities-related businesses. Applicant submits that the Company's
ownership and control of the Adviser Sub does not present the concerns
against which section 12(d)(3) was intended to safeguard.
    3. Applicant states that much of the concern regarding
entrepreneurial risks stemmed from the fact that when section 12(d)(3)
was adopted, most securities-related businesses were organized as
privately held general partnerships. As a result, an investment in such
a company would expose an investment company to the unlimited
liabilities of a general partner. Applicant notes that today's
financial services industry is subject to a much more robust body of
regulation, which contributes to a more conservative risk profile for
those companies that comprise the industry. Moreover, Applicant states
that the risks presented by the form of organization of a securities-
related business are no longer as germane as they were at the time of
the adoption of section 12(d)(3) because many formerly closely-held
securities-related businesses have reorganized into corporate forms
that are characterized by limited liability. Applicant asserts in
particular that the Company's shareholders are not exposed to the risk
of unlimited liability associated with an interest in the Adviser Sub
because they are insulated by a layer of liability protection between
the Adviser Sub and the Company, as the Adviser Sub is a separate
entity and is structured as a limited liability company, not a
partnership.
    4. Applicant also submits that the Company will own 100% of the
equity interests in the Adviser Sub and, as a result, will exercise
total control over the strategic direction of the Adviser Sub,
including the power to control the policies that affect the Company and
to protect the Company from potential conflicts of interest and
reciprocal practices. Moreover, as a wholly owned portfolio company and
the sole shareholder of the Adviser Sub, the Adviser Sub and the
Company will generally have aligned interests.
    5. Applicant states that the Company will adopt policies and
procedures with respect to the Adviser Sub designed to ensure that the
Company and the Adviser Sub are both being operated and managed in the
best interests of the Company's shareholders and that the ownership by
the Company of the Adviser Sub is consistent with the purposes fairly
intended by the policy and provisions of the Act.\5\ Applicant states
that the Company and the Adviser Sub will adopt policies and procedures
to address potential conflicts of interest, including but not limited
to policies and procedures that govern the allocation of expenses,
personal securities trading, and insider trading and confidentiality of
proprietary information.
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    \5\ Applicant represents that the Adviser Sub's borrowings, if
any, would be used only for its own legitimate business purposes,
and would not be used directly or indirectly by the Company for its
business purposes unrelated to the Adviser Sub, and that the Company
will adopt procedures to ensure Board oversight of compliance with
this representation.
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    6. Applicant notes that the Company and the Managed Accounts may
invest in the same securities or different securities of the same
issuer to the extent consistent with applicable law, regulatory
guidance, or any exemptive order obtained by the Company. The Company
and the Adviser Sub will implement policies and procedures that will
govern the allocation of investment opportunities when investment
advisory personnel of the Company and/or Adviser Sub become aware of
investment opportunities that may be appropriate for the Company and
one or more Managed Accounts.
    7. Applicant states that the Company's proposal to enter into the
advisory business through a wholly owned and controlled portfolio
company will benefit the Company's shareholders by: (a) allowing them
to share in the profits from the new advisory business; (b) allowing
that advisory business to be more marketable than if the services were
provided by the Company itself; and (c) limiting any potential
liabilities arising from Adviser Sub's provision of advisory services.
In addition, the growth in the Company's advisory business through the
Adviser Sub will enable the Company to add advisory personnel that it
could not on its own, such as additional portfolio managers and
investment analysts, who will be available to provide advisory services
both to the Company and to the Managed Accounts of the Adviser Sub and
further enhance the experience and relationships of the Company's
investment team. Without the growth of the Company's advisory business
through the Adviser Sub, the Company would not have the ability to
support such additional advisory personnel. Applicant also states that
the Adviser Sub's organization as a wholly owned portfolio company of
the Company and registration as an investment adviser would permit the
Adviser Sub to operate the business of managing the Managed Accounts as
a direct or an indirect wholly owned taxable portfolio company of the
Company, thereby protecting the Company's RIC status.

    8. Applicant represents that the Company's Board, including a
majority of the disinterested directors, found that the Company
organizing, acquiring, and wholly owning 100% of the equity interest in
the Adviser Sub subsequent to its registration as an investment adviser
is in the best interests of the Company and its shareholders. Applicant
agrees that the Board will review at least annually the investment
advisory business of the Adviser Sub to determine whether such business
should be continued and whether the benefits derived by the Company
from the Adviser Sub's business warrant the continued ownership of the
Adviser Sub. Applicant states that shareholders of the Company will be
provided with notice, in advance of, or concurrent with, the Adviser
Sub's start of investment advisory activities.
    9. Accordingly, Applicant represents that the requested relief is
both necessary and appropriate in the public interest and consistent
with the protection of investors and the purposes fairly intended by
the policy and provisions of the Act.

Applicant's Conditions

    Applicant agrees that the Order of the Commission granting the
requested relief shall be subject to the following conditions:
    1. The determination to enter into the advisory business through
the Adviser Sub has been made by a vote of at least a majority of the
Board who are not ``interested persons'' of the Company as defined in
section 2(a)(19).
    2. The Company will wholly own and control the Adviser Sub. The
Company will not have an investment adviser within the meaning of
section 2(a)(20). Only persons acting in their capacities as directors,
officers or employees of the Company will provide advisory services to
the Company.
    3. In each of its annual reports to shareholders and in future
registration statements, the Company will discuss the existence of the
Adviser Sub and the provision by the Adviser Sub of outside advisory
services as well as include an assessment of whatever risks, if any,
are associated with the existence of the Adviser Sub and its provision
of such services.
    4. The Adviser Sub will not make any proprietary investment that
the Company would be prohibited from making directly under the
Company's investment objectives, policies and restrictions or under any
applicable law.
    5. In assessing compliance with the asset coverage requirements
under section 18 of the Act, the Company will deem the assets,
liabilities, and indebtedness of the Adviser Sub as its own.
    6. The Board will review at least annually the investment advisory
business of the Adviser Sub to determine whether such business should
be continued and whether the benefits derived by the Company from the
Adviser Sub's business warrant the continued ownership of the Adviser
Sub and, if appropriate, approve (by a vote of at least a majority of
its directors who are not ``interested persons'' as defined in the Act)
at least annually such continuation. In determining whether the
investment advisory business of the Adviser Sub should be continued and
whether the benefits derived by the Company from the Adviser Sub's
business warrant the continued ownership of the Adviser Sub, the Board
will take into consideration, among other things, the following: (a)
the compensation of the officers of the Company and of the Adviser Sub;
(b) all investments by and investment opportunities considered for the
Company that relate to any investments by or investment opportunities
considered for a client of the Adviser Sub; and (c) the allocation of
expenses associated with the provision of advisory services between the
Company and the Adviser Sub.\6\
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    \6\ Such expenses may include: administration and operating
expenses; investment research expenses; sales and marketing
expenses; office space and general expenses; and direct expenses,
including legal and audit fees, directors' fees and taxes.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-18760 Filed 8-30-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Notices]
[Pages 8358-8359]
[FR Doc No: 2019-04086]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85235; File No. SR-CboeBZX-2019-012]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Fee Schedule Applicable to Members and Non-Members of the Exchange
Pursuant to BZX Rules 15.1(a) and (c)

March 1, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 21, 2019, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission a proposed rule change to
amend the fee schedule applicable to Members and non-Members \3\ of the
Exchange pursuant to BZX Rules 15.1(a) and (c). The text of the
proposed rule change is attached as Exhibit 5 [sic].
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    \3\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, 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 aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend the fee schedule applicable to its
equities trading platform (``BZX Equities'') to (i) add a second Single
MPID Investor Tier and (ii) eliminate the NBBO Setter Tiers.\4\
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    \4\ The Exchange initially filed the proposed fee change on
February 1, 2019 (SR-CboeBZX-2019-007). On business date February
12, 2019, the Exchange withdrew that filing and submitted SR-
CboeBZX-2019-010. On business date February 21, 2019, the Exchange
withdrew that filing and submitted this filing.
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Single MPID Investor Tier 2
    The Exchange currently offers a Single MPID Investor Tier under
Footnote 4 of the fee schedule that provides Members with an additional
way to qualify for an enhanced rebate for orders yielding fee codes
B,\5\ V,\6\ or Y.\7\ The distinction between the Single MPID Investor
Tier and other tiers offered by the Exchange, [sic] is that the volume
measured to determine whether a Member qualifies is performed on a
Member Participant Identifier (``MPID'') by MPID basis. The Exchange
proposes to adopt a second Single MPID Investor Tier (Tier 2), which
will provide Members an opportunity to receive an enhanced rebate of
$0.0036 per share where the Member's MPID has an ADAV \8\ as a
percentage of TCV \9\ greater than or equal to 2.25% on orders yielding
fee codes B, V or Y. Members that achieve the proposed Single MPID
Investor Tier must therefore increase the amount of liquidity that they
provide on BZX, thereby contributing to a deeper and more liquid
market.
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    \5\ Fee code B is appended to displayed orders which add
liquidity to Tape B and is provided a rebate of $0.0025 per share.
    \6\ Fee code V is appended to displayed orders which add
liquidity to Tape A and is provided a rebate of $0.0020 per share.
    \7\ Fee code Y is appended to displayed orders which add
liquidity to Tape C and is provided a rebate of $0.0020 per share.
    \8\ ``ADAV'' means average daily added volume calculated as the
number of shares added per day. ADAV is calculated on a monthly
basis.
    \9\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.
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NBBO Setter Tiers
    The Exchange currently offers two NBBO Setter Tiers under Footnote
19 of the fee schedule which provide an additional rebate of $0.0003
and $0.0004 per share for orders that establish a new National Best Bid
or Offer (``NBBO'') and which are appended with fee code B, V, or Y.
The Exchange no longer desires to maintain such tiers and therefore
proposes to eliminate NBBO Setter Tier 1 and 2 from the fee schedule.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the objectives of Section 6 of the Act,\10\ in general, and
furthers [sic] the objectives of Section 6(b)(4),\11\ in particular, as
it is [sic] designed to provide for the equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities. The Exchange also notes that it operates
in a highly-competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient. The
proposed rule changes reflect a competitive pricing structure designed
to incentivize market participants to direct their order flow to the
Exchange.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange notes that volume-based rebates such as
that proposed herein have been widely adopted by exchanges, including
the

Exchange, and are equitable because they are open to all Members on an
equal basis and provide additional benefits or discounts that are
reasonably related to: (i) The value to an exchange's market quality;
(ii) associated higher levels of market activity, such as higher levels
of liquidity provision and/or growth patterns; and (iii) introduction
of higher volumes of orders into the price and volume discovery
processes. The Exchange believes that the proposed Single MPID Investor
Tier 2 is a reasonable, fair and equitable, and not unfairly
discriminatory allocation of fees and rebates because it will continue
to provide Members with an incentive to reach certain thresholds on the
Exchange.
    More specifically, the Exchange believes the proposed additional
Single MPID Investor Tier is a reasonable means to encourage Members to
increase their liquidity on the Exchange in order to meet the proposed
criteria to receive the proposed higher enhanced rebate. The Exchange
further believes that the proposed tier represents an equitable
allocation of reasonable dues, fees, and other charges because the
threshold necessary to achieve the tier encourages Members to add
increased liquidity to the BZX and the Exchange believes the proposed
enhanced rebate is commensurate with the proposed threshold. The
increased liquidity benefits all investors by deepening the Exchange's
liquidity pool, offering additional flexibility for all investors to
enjoy cost savings, supporting the quality of price discovery,
promoting market transparency and improving investor protection. The
Exchange also believes that the proposed rebate is reasonable based on
the difficulty of satisfying the tier's proposed criteria as compared
to the existing Single MPID Investor Tier, which provides a lower
rebate but less stringent criteria. Furthermore, the Exchange believes
that the proposed tier is not unfairly discriminatory as it applies to
all members that meet the required criteria.
    The Exchange believes it's reasonable to eliminate the NBBO Setter
Tiers because it is not required to provide additional rebates.
Additionally, the Exchange notes that orders yielding fee codes B, V or
Y have other opportunities to obtain enhanced rebates, such as via the
Add Volume Tiers or the Single MPID Investor Tiers.\12\ The Exchange
believes it's equitable and not unfairly discriminatory because it
applies uniformly to all Members.
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    \12\ See Cboe BZX U.S. Equities Exchange Fee Schedule.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed change to adopt a new Single MPID Investor Tier burdens
competition, but rather, enhances competition as it is intended to
increase the competitiveness of BZX by adopting an additional pricing
incentive in order to attract order flow and incentivize participants
to increase their participation on the Exchange. The Exchange notes
that it operates in a highly competitive market in which market
participants can readily direct order flow to competing venues if they
deem fee structures to be unreasonable or excessive. The proposed
change to add a new Single MPID Investor Tier is generally intended to
add an enhanced rebate for liquidity added to the Exchange, which is
intended to draw additional liquidity to the Exchange. The Exchange
does not believe the proposed amendment would burden intramarket
competition as it would be available to all Members uniformly.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and paragraph (f) of Rule 19b-4 \14\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CboeBZX-2019-012 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-CboeBZX-2019-012. 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-CboeBZX-2019-012, and should be
submitted on or before March 28, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-04086 Filed 3-6-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Notices]
[Pages 34693-34695]
[FR Doc No: 2013-13656]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69695; File No. SR-NYSE-2013-36]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 1000 To Revise the Manner by Which the Exchange Will Phase
Out the Functionality Associated With Liquidity Replenishment Points in
Connection With the Implementation of the Limit Up--Limit Down Plan

June 4, 2013.
    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 May 31, 2013 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 amend Rule 1000 to revise the manner by
which the Exchange will phase out the functionality associated with
liquidity

replenishment points (``LRPs'') in connection with the implementation
of the Limit Up--Limit Down Plan (the ``Plan''). The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, on the
Commission's Web site at http://www.sec.gov, 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
    On April 2, 2013, the Exchange filed to amend Rule 1000 to provide
that it would phase out the functionality associated with LRPs to
coincide with the implementation of the Plan by specifying that,
beginning on April 8, 2013, LRPs will no longer be in effect for Tier 1
NMS Stocks, and beginning on the earlier of August 1, 2013 or such date
as Phase II of the Plan is implemented, LRPs will no longer be in
effect for all NMS stocks.\4\ The operative date of the LRP Filing was
April 8, 2013. The Exchange noted in the LRP Filing that it would phase
out the LRP functionality for securities as they are covered by the
Plan in coordination with the Plan's Phase I and Phase II
implementation timelines and that LRPs would remain in place for any
securities not covered by the Plan. Because Phase I of the Plan is in
effect only from 9:45 a.m. to 3:30 p.m. Eastern, under the current
rule, between 9:30 and 9:45 a.m. Eastern and 3:30 and 4:00 p.m.
Eastern, Tier 1 NMS Stocks are neither covered by the Plan nor have
available LRP functionality.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 69295 (April 4,
2013), 78 FR 21457 (April 10, 2013) (SR-NYSE-2013-27) (``LRP
Filing'').
---------------------------------------------------------------------------

    The Exchange therefore proposes to amend Rule 1000 to specify that
LRPs will no longer be in effect for Tier 1 NMS Stocks from the time
the first Price Band under the Plan is published for a Tier 1 NMS Stock
until 3:30 p.m. Eastern (or 30 minutes before the close on any day that
the scheduled close of trading on the Exchange is earlier than 4:00
p.m. Eastern). As proposed, LRPs would be available for Tier 1 NMS
Stocks from opening until such time the Exchange receives a Price Band
under the Plan for such stock, at which point LRP functionality would
end. The Exchange would re-engage LRP functionality for such Tier 1 NMS
Stocks at 3:30 p.m. Eastern, or, 30 minutes before the close on any day
that the scheduled close of trading on the Exchange is earlier than
4:00 p.m. Eastern.\5\
---------------------------------------------------------------------------

    \5\ The Exchange is scheduled to close at 1:00 p.m. Eastern on
July 3, 2013.
---------------------------------------------------------------------------

    The Exchange further proposes to amend how it would phase out LRP
functionality in connection with Phase II of the Plan. Rule 1000
currently provides that LRPs will be discontinued for all NMS Stocks on
the earlier of August 1, 2013 or such date as Phase II of the Limit Up-
Limit Down Plan is implemented. Because the implementation of Phase II
is currently scheduled to begin on August 5, 2013, and will be a roll-
out implementation that will take several weeks, the Exchange believes
that the ``earlier of'' language would require the Exchange to disable
all LRP functionality on August 1, 2013, regardless of whether an NMS
Stock is subject to Phase II of the Plan.
    Because the intent of the LRP Filing was to ensure that stocks not
covered by the Plan would have LRP functionality, the Exchange proposes
to amend Rule 1000 to provide that LRPs will be discontinued in their
entirety on such date as Phase II of the Plan is implemented for an NMS
Stock. As amended, LRP functionality would remain available for an NMS
Stock (either full day or only for the post-open/pre-close periods for
Tier 1 NMS Stocks) until such time it is covered by Phase II of the
Plan, regardless of when Phase II is implemented for such NMS Stock.
    Because of the technology changes associated with this rule
proposal, the Exchange will implement this proposed change over a short
roll-out period and will announce by Trader Update when the LRP
functionality will be available for specific Tier 1 NMS Stocks.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) of the Act,\6\ in general, and
Section 6(b)(5) of the Act,\7\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and to remove impediments to and
perfect the mechanism for a free and open market and a national market
system. The Exchange believes that the proposed rule change would
remove impediments to and perfect the mechanism of a free and open
market by ensuring that an NMS Stock will be covered either by LRP
functionality or the Plan during the duration of Phase I of the Plan
and implementation of Phase II of the Plan, and therefore an NMS Stock
listed on the Exchange will be protected from significant price
dislocation at all times.
---------------------------------------------------------------------------

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

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

    The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b) of the Act,\8\ in general, and
Section 6(b)(5) of the Act,\9\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and to remove impediments to and
perfect the mechanism for a free and open market and a national market
system. The Exchange believes that the proposed rule change would
remove impediments to and perfect the mechanism of a free and open
market by ensuring that an NMS Stock will be covered either by LRP
functionality or the Plan during the duration of Phase I of the Plan
and implementation of Phase II of the Plan, and therefore an NMS Stock
listed on the Exchange will be protected from significant price
dislocation at all times.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the

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

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ 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 become operative immediately upon filing. The Exchange stated that
it anticipates that the technology changes associated with this rule
proposal would be available on or about June 6, 2013 and the Exchange
anticipates that it would be able to complete the technology roll out
before June 21, 2013, which is an Expiration Friday. The Exchange
stated that it believes that the waiver of the operative delay is
consistent with investor protection and the public interest because it
will enable LRP functionality for those periods when Tier 1 and Tier 2
NMS Stocks are not covered by the Plan. Based on the Exchange's
statements, the Commission believes that waiving the operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby grants the Exchange's request and
waives the 30-day operative delay.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 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.

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 No. SR-NYSE-2013-36 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-NYSE-2013-36. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-NYSE-2013-36 and should be
submitted on or before July 1, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13656 Filed 6-7-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Pages 10890-10892]
[FR Doc No: 2011-4318]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-2474-001; ER10-2475-001.
    Applicants: Sierra Pacific Power Company, Nevada Power Company
    Description: Change in Status Notice of Sierra Pacific Power
Company and Nevada Power Company.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5090.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2178-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35: Compliance to Addition of 3 transmission projects to
CWIP Rate Making Mechanism to be effective 1/1/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5021.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2907-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii:
PacifiCorp Energy Facilities Maintenance Agreement (Hunter) to be
effective 1/28/2011.
    Filed Date: 02/17/2011.
    Accession Number: 20110217-5099.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 10, 2011.

    Docket Numbers: ER11-2908-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: 02-17-11 Supp. Res. to be
effective 4/19/2011 under ER11-2908-000 Filing Type: 10.
    Filed Date: 02/17/2011.
    Accession Number: 20110217-5102.

    Docket Numbers: ER11-2909-000.
    Applicants: Atlantic Path 15, LLC.
    Description: Atlantic Path 15, LLC submits tariff filing per
35.13(a)(2)(iii: AP 15 2011 Rate Case Filing to be effective 4/19/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5033.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2910-000.
    Applicants: Midwest Independent Transmission System, MidAmerican
Energy Company.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: MidAmerican-Ames WDS Filing
(2) to be effective 4/1/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5034.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2911-000.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii: SGIA Between Niagara Mohawk and U.S.
Gypsum to be effective 1/27/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5035.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2912-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: MR1 FCM Maintenance Allotment Values to be effective
5/1/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5063.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2913-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Credit-Limit Offers to be effective 4/20/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5064.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2914-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: GRE-NSP-Lyon T-T Filing to
be effective 2/19/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5065.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2915-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: GRE-NSPM-Pilot Knob T-T to
be effective 2/19/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5067.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2916-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Submission of Notice of Cancellation of Large
Generator Interconnection Agreement of Southwest Power Pool, Inc.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5086.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2917-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: 02-18-11 Schedule 31 annual
update to be effective 4/20/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5087.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2918-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Oklahoma Gas and Electric Company submits tariff
filing per 35.13(a)(2)(iii: City of Paris Amended and Restated Service
Agreement to be effective 4/19/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5112.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2919-000.
    Applicants: PJM Interconnection, L.L.C., Appalachian Power Company
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: AEPSC filed a 24th revision to the AEPSC & Buckeye
ILDSA under SA 1336 to be effective 2/21/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5115.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Docket Numbers: ER11-2920-000.
    Applicants: Consolidated Edison Company of New York,
    Description: Consolidated Edison Company of New York, Inc. submits
tariff filing per 35.13(a)(2)(iii: Amendment DR for Rider U to be
effective 2/19/2011.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5130.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

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

    Docket Numbers: RR10-11-003.
    Applicants: North American Electric Reliability Corporation.
    Description: Compliance Filing of the North American Electric
Reliability Corporation in Response to October 21 2010 Commission
Order.
    Filed Date: 02/18/2011.
    Accession Number: 20110218-5100.
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 18, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-4318 Filed 2-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44172-44174]
[FR Doc No: 2015-18133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75489; File No. SR-BOX-2015-26]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To Add
Interpretive Material to BOX Rule 8050 To Indicate That Market Makers
Will Not Be Obligated To Quote in Adjusted Option Series and To Define
What Qualifies as an Adjusted Options Series

July 20, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 10, 2015, BOX Options Exchange LLC (the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to add Interpretive Material (``IM-8050-2'')
to BOX Rule 8050 (Market Maker Quotations) to indicate that Market
Makers will not be obligated to quote in adjusted option series and to
define what qualifies as an adjusted options series. The text of the
proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at http://boxexchange.com.

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

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

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

1. Purpose
    The Exchange proposes to add Interpretive Material (``IM-8050-2'')
to BOX Rule 8050 (Market Maker Quotations) to indicate that Market
Makers will not be obligated to quote in adjusted option series and to
define what qualifies as an adjusted options series. This is a
competitive filing that is based on a proposal submitted by NYSE Arca,
Inc. (``NYSE Arca'') and approved by the Commission.\3\
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    \3\ See Securities Exchange Act Release No. 65573 (October 14,
2011), 76 FR 65305 (October 20, 2011) (Order Approving SR-NYSEArca-
2011-59). See also NYSE Arca Rule 6.37B Market Maker Quotations--OX.
---------------------------------------------------------------------------

    BOX Rule 8050 discusses the quoting obligations that are applicable
to Market Makers on the Exchange. The Rule states that, in addition to
other requirements, Market Makers must post valid quotes throughout the
trading day in its appointed classes at least sixty percent (60%) of
the time the classes are open for trading.
    The Exchange proposes to define ``adjusted series'' for the purpose
of BOX Rule 8050. An ``adjusted series'' under the Rule would be
defined as an option series wherein, as a result of a corporate action
by the issuer of the underlying security, one option contract in the
series represents the delivery of other than 100 shares of underlying
stock or Exchange Traded Fund Shares.
    After a corporate action and a subsequent adjustment to the
existing options, the series in question are identified by the Options
Price Reporting Authority (``OPRA'') and at Options Clearing
Corporation (``OCC'') with a separate symbol consisting of the
underlying symbol and a numerical appendage. As a standard procedure,
exchanges listing options on an underlying security which undergoes a
corporate action resulting in adjusted series will list new standard
option series across all appropriate expiration months the day after
the existing series are adjusted. The adjusted series are generally
active for a short period of time following adjustment, but orders to
open an options position in the underlying are almost exclusively
placed in the new standard contracts. Although the adjusted series may
not expire for as much as 27 months, in a short time the adjusted
series become inactive. Thus, the burden of quoting these series
generally outweighs the benefit of being appointed in the class because
of the lack of interest in the series by various market participants.
    The proposed rule change is similar to the NYSE Arca rule, in that
the Exchange is merely proposing to exclude the adjusted series from
the continuous quoting obligation, but not from other obligations under
BOX Rule 8050. The NYSE Arca rule excludes adjusted option series, and
series with a time to expiration of nine months or greater, for options
on equities and Exchange Traded Fund Shares, and series with a time to
expiration of twelve months or greater for Index options. Similar to
NYSE Arca, BOX already excludes from continuous quoting requirements
options series where the time to expiration is greater than nine (9)
months,\4\ and is now proposing to add the exclusion of adjusted
series. Of particular note, the proposal would not excuse a Market

Maker from the obligation, when called upon by an Exchange Official, to
submit a single valid two-sided quote or maintain continuous quotes in
one or more series of an option class within the Market Maker's
appointment whenever, in the judgment of such Exchange Official, it is
necessary to do so in the interest of maintaining fair and orderly
markets.\5\
---------------------------------------------------------------------------

    \4\ See BOX Rule 5070(a).
    \5\ See BOX Rule 8050(c)(4).
---------------------------------------------------------------------------

    The current quoting obligation in such illiquid series is a minor
part of a Market Maker's overall obligation, and the proposed modicum
of relief is mitigated by the obligation to respond to a request for
quote from an Exchange Official. Because of the lack of interest in
such series, there is little demonstrable benefit to being a Market
Maker in them other than the ability to maintain Market Maker margins
for what little activity may occur. In addition, the burden of
continuous quoting in these series is counter to efforts to mitigate
the number of quotes collected and disseminated.
    The Exchange believes that the proposed rule change should incent
Market Makers to continue appointments and thereby expand liquidity in
options classes listed on the Exchange to the benefit of the Exchange
and its Participants and public customers.
    Additionally, the Exchange recently amended BOX Rule 7300
(Preferenced Orders) \6\ by adding, among other things, the language of
``non-adjusted options series'' to indicate that a Preferred Market
Maker will not be obligated to maintain continuous quotes in adjusted
series and to define the term adjusted options series. The Exchange
believes that this proposed rule change will harmonize the quoting
obligations in adjusted series for Preferred Market Makers and Market
Makers on the Exchange.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 74952 (May 13,
2015), 80 FR 28738 (May 19, 2015) (Notice of Filing and Immediate
Effectiveness of SR-BOX-2015-19).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\7\ in general, and section 6(b)(5) of the Act,\8\ 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, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest. In particular, the Exchange believes that, on balance,
the elimination of the continuous quoting obligations in adjusted
series is a minor change and should not impact the quality of BOX's
market. Among other things, adjusted series are not common, and trading
interest is often very low after the corporate event has passed.
Consequently, continuous quotes in such series increases quote traffic
and burdens systems without a corresponding benefit. By not requiring
Market Makers to continuously quote in such series, the Exchange's
proposal would further its goal of measured quote mitigation. Further,
while they will not be tasked with continually quoting such series,
Market Makers will be obligated to quote the series when called upon by
an Exchange Official. Accordingly, the proposal supports the quality of
BOX's market by helping to ensure that Market Makers will continue to
be obligated to quote in adjusted series when the need arises.
---------------------------------------------------------------------------

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

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
competitive response to a filing submitted by NYSE Arca and approved by
the Commission.\9\ Accordingly, the Exchange believes that the proposed
rule change should incent Market Makers to continue appointments and
thereby expand liquidity in options classes listed on the Exchange to
the benefit of the Exchange and its Participants and public customers.
---------------------------------------------------------------------------

    \9\ See supra, note 3.
---------------------------------------------------------------------------

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 comments on the
proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)
thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2015-26 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2015-26. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2015-26, and should be
submitted on or before August 14, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18133 Filed 7-23-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61138-61139]
[FR Doc No: 2011-25389]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

 [Docket No. FMCSA-2011-0097]

Pilot Program on NAFTA Long-Haul Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of availability.

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

SUMMARY: FMCSA announces the availability of a Final Environmental
Assessment (FEA) that evaluates the potential environmental impacts
resulting from the implementation of its United States-Mexico cross-
border long-haul trucking pilot program. FMCSA received five comments
to its draft environmental assessment (DEA) and responds to those
comments in the FEA. FMCSA concludes that the potential environmental
impacts from the pilot program are not significant and do not warrant
additional environmental analysis in the form of an Environmental
Impact Statement. FMCSA issues a Finding of No Significant Impact
(FONSI) based on the conclusions in the FEA, which is also available in
the docket.
    Instructions: To view the FEA or the FONSI, go to the online docket
(Regulations.gov) at http://www.regulations.gov/ and enter in the
docket number (FMCSA-2011-0097) and search for the ``Final
Environmental Assessment'' or ``FONSI.''

    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
DOT Headquarters, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form for all
comments received into any of our dockets by the name of the individual
submitting the comment. You may review the U.S. Department of
Transportation's (DOT) complete Privacy Act Statement in the Federal
Register published on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Michael M. Johnsen, Environmental
Protection Specialist, Analysis Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background on the Pilot Project on the U.S.-Mexico Cross-Border Long-
Haul Trucking Program

    The pilot program is part of FMCSA's implementation of the North
American Free Trade Agreement (NAFTA) cross-border long-haul trucking
provisions. This pilot program would allow Mexico-domiciled motor
carriers to operate throughout the United States for up to 3 years.
U.S.-domiciled motor carriers would be granted reciprocal rights to
operate in Mexico for the same period. Participating Mexican carriers
and drivers would be required to comply with all applicable U.S. laws
and regulations, including those concerned with motor carrier safety,
customs, immigration, vehicle registration and taxation, and fuel
taxation. The safety of the participating carriers would be tracked
closely by FMCSA with input from the Motor Carrier Safety Advisory
Committee, a Federal advisory committee. For further information
regarding this pilot program, including additional background and
comments, please see the Federal Register notice of the Pilot Program
on NAFTA Long Haul Trucking Provisions in docket FMCSA-2011-0097.

Final Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
(NEPA) (section 102(2)(c)), as implemented by the Council on
Environment Quality regulations (40 CFR parts 1500-1508), FMCSA's Order
5610.1, issued March 1, 2004 (69 FR 9680), and other applicable
guidance and requirements, FMCSA prepared a DEA for the U.S.-Mexican
cross-border long-haul trucking program. FMCSA analyzed the potential
impacts to the environment that may result from implementing the pilot
project. In the DEA, FMCSA evaluated environmental issues such as
emissions from vehicles, air quality impacts, and other pertinent
matters, and requested public comments. FMCSA received five comments to
the DEA and responded to those comments in the FEA. Additionally, after
reviewing those comments, FMCSA has concluded that the potential
environmental impacts from the pilot program are not significant and do
not warrant additional environmental analysis in the form of an
Environmental Impact Statement. Accordingly, FMCSA is issuing a FONSI
based on the conclusions in the FEA, which is also available in the
docket.

    Issued on: September 27, 2011.
Kenneth M. Leonard,
Special Projects Officer, Office of Research and Information
Technology, FMCSA.
[FR Doc. 2011-25389 Filed 9-30-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48948-48949]
[FR Doc No: 2019-20020]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0017]

QAI Laboratories, Ltd.: Grant of Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for QAI Laboratories, Ltd., as a Nationally
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
September 17, 2019.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110; email<EMAIL_ADDRESS>OSHA's web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of QAI Laboratories, Ltd. (QAI), as a NRTL. QAI's expansion
covers the addition of ten test standards to its scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.

    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Registerin
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding and, in the second
notice, the agency provides the final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details the scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    QAI submitted an application, dated August 4, 2017 (OSHA-2013-0017-
0009), to expand their scope of recognition to include ten additional
test standards. OSHA staff performed a detailed analysis of the
application packet and reviewed other pertinent information. OSHA did
not perform any on-site reviews in relation to this application. OSHA
published the preliminary notice announcing QAI's expansion application
in the Federal Register on May 15, 2019 (84 FR 21832). The agency
requested comments by May 30, 2019, but it received no comments in
response to this notice. OSHA now is proceeding with this final notice
to grant expansion of QAI's scope of recognition.
    To obtain or review copies of all public documents pertaining to
the QAI's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration. Docket No. OSHA-
2013-0017 contains all materials in the record concerning QAI's
recognition.

II. Final Decision and Order

    OSHA staff examined QAI's expansion application, the capability to
meet the requirements of the test standards, and other pertinent
information. Based on a review of this evidence, OSHA finds that QAI
meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant the
expansion of QAI's scope of recognition. OSHA limits the expansion of
QAI's scope of recognition to testing and certification of products for
demonstration of conformance to the test standards listed below in
Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in QAI's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
                 Test standard                     Test standard title
------------------------------------------------------------------------
UL 50..........................................  Enclosures for
                                                  Electrical Equipment,
                                                  Non-Environmental
                                                  Considerations.
UL 50E.........................................  Enclosures for
                                                  Electrical Equipment,
                                                  Environmental
                                                  Considerations.
UL 467.........................................  Grounding and Bonding
                                                  Equipment.
UL 962A........................................  Standard for Furniture
                                                  Power Distribution
                                                  Units.
UL 1012........................................  Standard for Power
                                                  Units Other Than Class
                                                  2.
UL 1310........................................  Standard for Class 2
                                                  Power Units.
UL 1573........................................  Standard for Stage and
                                                  Studio Luminaires and
                                                  Connector Strips.
UL 1951........................................  Standard for Electric
                                                  Plumbing Accessories.
UL 60950-21....................................  Information Technology
                                                  Equipment--Safety--Par
                                                  t 21: Remote Power
                                                  Feeding.
UL 60950-23....................................  Information Technology
                                                  Equipment--Safety--Par
                                                  t 23: Large Data
                                                  Storage Equipment.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may be
used. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3,
Appendix C, paragraph XIV), any NRTL recognized for a particular test
standard may use either the proprietary version of the test standard or
the ANSI version of that standard. Contact ANSI to determine whether a
test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
QAI must abide by the following conditions of the recognition:
    1. QAI must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in the operations as a NRTL, and provide details of the
change(s);
    2. QAI must meet all the terms of the recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. QAI must continue to meet the requirements for recognition,
including all previously published conditions on QAI's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of QAI, subject to the limitation and conditions
specified above.

III. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912,
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on September 11, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-20020 Filed 9-16-19; 8:45 am]
 BILLING CODE 4510-26-P