[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10952-10957]
[FR Doc No: 2017-03104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80014; File No. SR-ISEGemini-2016-18]

Self-Regulatory Organizations; ISE Gemini, LLC; Order Approving
Proposed Rule Change, as Modified by Amendment No. 1, To Amend the
Exchange Opening Process

February 10, 2017.

I. Introduction

    On December 16, 2016, ISE Gemini, LLC (``ISE Gemini'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the Exchange's opening process. The
proposed rule change was published for comment in the Federal Register
on December 29, 2016.\3\ On February 1, 2017, the Exchange filed
Amendment No. 1 to the proposed rule change.\4\ The Commission received
no comment letters on the proposed rule change. This order approves the
proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79679 (December 22,
2016), 81 FR 96062 (``Notice'').
    \4\ In Amendment No. 1, the Exchange provided clarifying details
to its proposal, including: (i) Expanding its proposed definition of
``Quality Opening Market''; (ii) clarifying that only Public
Customer interest is routable during the Opening Process; and (iii)
clarifying that when routing orders during the Opening Process the
Exchange will do so based on price/time priority of routable
interest. The Exchange also made technical corrections and revisions
to the proposed rule text for readability and consistency. Amendment
No. 1 amends and replaces the original filing in its entirety.
Because Amendment No. 1 does not materially alter the substance of
the proposed rule change or raise unique or novel regulatory issues,
it is not subject to notice and comment. The amendment is available
at: https://www.sec.gov/comments/sr-isegemini-2016-18/isegemini201618.htm.
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II. Description of the Proposal, as Modified by Amendment No. 1

    The Exchange proposes to delete the entirety of current ISE Gemini
Rule 701 and replace the current Exchange opening process with an
opening process reflected in proposed ISE Gemini Rules 701 and
715(t).\5\ The Exchange notes that the new opening process is similar
to the process used by

Phlx.\6\ The Exchange's current and proposed opening processes are
described below.\7\
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    \5\ The Exchange represents that this proposed rule change is
being made in connection with a technology migration to a Nasdaq,
Inc. (``Nasdaq'') supported architecture called INET which is
utilized on The NASDAQ Options Market LLC, NASDAQ PHLX LLC
(``Phlx'') and NASDAQ BX, Inc. See id.
    \6\ See Phlx Rule 1017. See also Securities Exchange Act Release
No. 79274 (November 9, 2016), 81 FR 80694 (November 16, 2016) (SR-
Phlx-2016-79).
    \7\ In connection with the new opening process, the Exchange
proposes to adopt a new ``Definitions'' section in proposed Rule
701(a), similar to Phlx Rule 1017(a), to define several terms that
are used throughout the opening rule. Proposed Rule 701(a) will
define: ABBO, ``market for the underlying security,'' Opening Price,
Opening Process, Potential Opening Price, Pre-Market BBO, Quality
Opening Market, Valid Width Quote, and Zero Bid Market. For
definitions of these terms, see Notice supra note 3 at 96064.
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A. Current Exchange Opening Process

    Currently, a Primary Market Maker (``PMM'') initiates the ``trading
rotation'' in a specified options class.\8\ The Exchange may direct
that one or more trading rotations be employed on any business day to
aid in producing a fair and orderly market.\9\ For each rotation,
except as the Exchange may direct, rotations are conducted in the order
and manner the PMM determines to be appropriate under the
circumstances.\10\ The PMM, with the approval of the Exchange, has the
authority to determine the rotation order and manner or deviate from
the rotation procedures.\11\ Such authority may be exercised before and
during a trading rotation.\12\ Additionally, two or more trading
rotations may be employed simultaneously, if the PMM, with the approval
of the Exchange, so determines.\13\
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    \8\ See ISE Gemini Rule 701(a).
    \9\ See ISE Gemini Rule 701(a)(1).
    \10\ See ISE Gemini Rule 701(a)(2).
    \11\ See ISE Gemini Rule 701(a)(3).
    \12\ See ISE Gemini Rule 701(a)(3).
    \13\ See ISE Gemini Rule 701(a)(4).
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    Pursuant to ISE Gemini Rule 701(b), the opening rotation for each
class of options is held promptly following the opening of the market
for the underlying security.\14\ In the event the underlying security
has not opened within a reasonable time after 9:30 a.m. Eastern Time,
the PMM reports the delay to the Exchange and an inquiry is made to
determine the cause of the delay.\15\ The opening rotation for the
affected options series is then delayed until the market for the
underlying security has opened, unless the Exchange determines that the
interests of a fair and orderly market are best served by opening
trading in the options contracts.\16\
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    \14\ See ISE Gemini Rule 701(b)(2). For purposes of ISE Gemini
Rule 701(b)(2), the ``market for the underlying security'' is either
the primary listing market, the primary volume market (defined as
the market with the most liquidity in that underlying security for
the previous two calendar months), or the first market to open the
underlying security, as determined by the Exchange on an issue-by-
issue basis and announced to the membership on the Exchange's Web
site. See id.
    \15\ See ISE Gemini Rule 701(b)(3).
    \16\ See id. Additionally, the Exchange may delay the
commencement of the opening rotation in any class of options in the
interests of a fair and orderly market. See ISE Gemini Rule
701(b)(4).
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    Currently, in connection with a trading rotation, ISE Gemini Rule
701(c) specifies how transactions may be effected in a class of options
after the end of normal trading hours. A trading rotation may be
employed whenever the Exchange concludes that such action is
appropriate in the interests of a fair and orderly market.\17\ The
decisions to employ a trading rotation in non-expiring options are
disseminated prior to the commencement of such rotation and, in
general, the Exchange will commence no more than one trading rotation
after the normal close of trading.\18\ If a trading rotation is in
progress and the Exchange determines that a final trading rotation is
needed to assure a fair and orderly market close, the rotation in
progress will be halted and a final rotation will begin as promptly as
possible.\19\ Finally, any trading rotation in non-expiring options
conducted after the normal close of trading may not begin until five
minutes after news of such rotation is disseminated by the
Exchange.\20\
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    \17\ See ISE Gemini Rule 701(c)(1). The factors that may be
considered include, but are not limited to, whether there has been a
recent opening or reopening of trading in the underlying security, a
declaration of a ``fast market'' pursuant to ISE Gemini Rule 704, or
a need for a rotation in connection with expiring individual stock
options or index options, an end of the year rotation, or the
restart of a rotation which is already in progress. See id.
    \18\ See ISE Gemini Rule 701(c)(2).
    \19\ See ISE Gemini Rule 701(c)(3).
    \20\ See ISE Gemini Rule 701(c)(4).
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B. Proposed New Opening Process

1. Opening Sweep
    At the outset, the Exchange proposes to adopt a new order type,
``Opening Sweep'', for the new opening process.\21\ Proposed Rule
701(b)(1)(i) states that a Market Maker assigned to a particular option
may only submit an Opening Sweep if, at the time of entry, that Market
Maker has already submitted and maintains a Valid Width Quote.\22\
Opening Sweeps may be entered at any price with a minimum price
variation applicable to the affected series, on either side of the
market, at single or multiple price level(s), and may be cancelled and
re-entered.\23\ A single Market Maker may enter multiple Opening
Sweeps, with each Opening Sweep at a different price level.\24\ If a
Market Maker submits multiple Opening Sweeps, the system will consider
only the most recent Opening Sweep at each price level submitted by
such Market Maker in determining the Opening Price (described
below).\25\ Unexecuted Opening Sweeps will be cancelled once the
affected series is open.\26\
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    \21\ The Exchange proposes to define an ``Opening Sweep'' as a
Market Maker order submitted for execution against eligible interest
in the system during the Opening Process pursuant to proposed Rule
701(b)(1). See proposed Rule 715(t).
    \22\ All Opening Sweeps in the affected series entered by a
Market Maker will be cancelled immediately if that Market Maker
fails to maintain a continuous quote with a Valid Width Quote in the
affected series. See proposed Rule 701(b)(1)(i).
    \23\ See proposed Rule 701(b)(1)(ii).
    \24\ See id.
    \25\ See id. The Exchange proposes to define ``Opening Price''
by cross-referencing proposed Rule 701(h) and (j). See proposed Rule
701(a)(3).
    \26\ See id.
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2. Interest Included in the Opening Process
    The first part of the Opening Process determines what constitutes
``eligible interest''. The Exchange proposes that eligible interest
during the Opening Process \27\ will include Valid Width Quotes,\28\
Opening Sweeps, and orders.\29\ Quotes, other than Valid Width Quotes,
will not be included in the Opening Process.\30\ All-or-None Orders
that can be satisfied, and the displayed and non-displayed portions of
Reserve Orders, are considered for execution and in determining the
Opening Price throughout the Opening Process.\31\ The system will
aggregate the size of all eligible interest for a particular
participant category at a particular price level for trade allocation
purposes pursuant to Rule 713.\32\ Only Public Customer interest is
routable during the Opening Process.\33\
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    \27\ The Exchange proposes to define ``Opening Process'' by
cross-referencing proposed Rule 701(c). See proposed Rule 701(a)(4).
    \28\ The Exchange proposes to define ``Valid Width Quote'' as a
two-sided electronic quotation submitted by a Market Maker that
consists of a bid/ask differential that is compliant with ISE Gemini
Rule 803(b)(4). See proposed Rule 701(a)(8).
    \29\ See proposed Rule 701(b).
    \30\ See id.
    \31\ See id.
    \32\ See proposed Rule 701(b)(2).
    \33\ See proposed Rule 701(b).
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    Market Maker Valid Width Quotes and Opening Sweeps received
starting at 9:25 a.m. Eastern Time, or 7:25 a.m. Eastern Time for U.S.
dollar-settled foreign currency options, are included in the Opening
Process.\34\ Orders entered at any time before an option series opens
are included in the Opening Process.\35\
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    \34\ See proposed Rule 701(c).
    \35\ See id.

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3. Opening Process and Reopening After a Trading Halt
    The Exchange proposes that the Opening Process for an option series
will be conducted pursuant to proposed Rules 701(f)-(j) on or after
9:30 a.m. Eastern Time, or on or after 7:30 a.m. Eastern Time for U.S.
dollar-settled foreign currency options, if: (1) The ABBO,\36\ if any,
is not crossed; and (2) the system has received, within two minutes (or
such shorter time as determined by the Exchange and disseminated to
membership on the Exchange's Web site) of the opening trade or quote on
the market for the underlying security \37\ in the case of equity
options, or the receipt of the opening price in the underlying index in
the case of index options, or market opening for the underlying
security in the case of U.S. dollar-settled foreign currency options,
any of the following: (i) A PMM's Valid Width Quote; (ii) the Valid
Width Quotes of at least two Competitive Market Makers (``CMM''); or
(iii) if no PMM's Valid Width Quote nor two CMMs' Valid Width Quotes
within such timeframe, one CMM's Valid Width Quote.\38\
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    \36\ The Exchange proposes to define ``ABBO'' as the Away Best
Bid or Offer. See proposed Rule 701(a)(1). The ABBO does not include
ISE Gemini's market. See Notice, supra note 3, at 96065.
    \37\ The Exchange proposes to define ``market for the underlying
security'' as either the primary listing market or the primary
volume market (defined as the market with the most liquidity in that
underlying security for the previous two calendar months), as
determined by the Exchange by underlying and announced to the
membership on the Exchange's Web site. See proposed Rule 701(a)(2).
    \38\ See proposed Rule 701(c)(1). The Exchange represents that
it anticipates initially setting the timeframe during which a PMM's
Valid Width quote or the presence of at least two CMMs' Valid Width
Quotes will initiate the Opening Process at 30 seconds. See Notice,
supra note 3, at 96065. The Exchange represents that it will provide
notice of the initial setting to Members and provide notice if the
Exchange determines to reduce the timeframe. See id.
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    For all options, the underlying security, including indexes, must
be open on the primary market for a certain time period as determined
by the Exchange for the Opening Process to commence.\39\ The Opening
Process will stop and an option series will not open if the ABBO
becomes crossed or a Valid Width Quote(s) pursuant to proposed Rule
701(c)(1) is no longer present.\40\ Once each of these conditions no
longer exists, the Opening Process in the affected option series will
recommence.\41\ The Exchange would wait for the ABBO to become
uncrossed before initiating the Opening Process to ensure that there is
stability in the marketplace as the Exchange determines the Opening
Price.\42\
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    \39\ See proposed Rule 701(c)(2). Proposed Rule 701(c)(2)
stipulates that this time period will be no less than 100
milliseconds and no more than 5 seconds. The Exchange represents
that it will set the timer initially at 100 milliseconds and will
issue a notice to provide the initial setting and will thereafter
issue a notice if it were to change the timing. See Notice, supra
note 3, at 96065. If the Exchange were to select a time not between
100 milliseconds and 5 seconds, it will be required to file a rule
proposal with the Commission. See id.
    \40\ See proposed Rule 701(c)(5).
    \41\ See id.
    \42\ See Notice, supra note 3, at 96065.
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    Proposed Rule 701(c)(3) states that the PMM assigned to a
particular equity option must enter a Valid Width Quote not later than
one minute following the dissemination of a quote or trade by the
market for the underlying security or, in the case of index options,
following the receipt of the opening price in the underlying index. The
PMM assigned to a particular U.S. dollar-settled foreign currency
option must enter a Valid Width Quote not later than one minute after
the announced market opening.\43\ Furthermore, a CMM that submits a
quote pursuant to proposed Rule 701 in any option series when the PMM's
quote has not been submitted will be required to submit continuous,
two-sided quotes in such option series until such time the PMM submits
a quote, after which the Market Maker that submitted such quote will be
obligated to submit quotations pursuant to ISE Gemini Rule 804(e).\44\
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    \43\ See proposed Rule 701(c)(3).
    \44\ See proposed Rule 701(c)(4).
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    Proposed Rule 701(d) states that the procedure described in
proposed Rule 701 will be used to reopen an options series after a
trading halt.\45\ If there is a trading halt or pause in the underlying
security, the Opening Process will recommence irrespective of the
specific times listed in proposed Rule 701(c)(1).\46\
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    \45\ See proposed Rule 701(d).
    \46\ See id.
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4. Opening With a BBO (No Trade)
    Under proposed Rule 701(e), the Exchange will first see if the
option series will open for trading with a BBO. If there are no opening
quotes or orders that lock or cross each other and no routable orders
locking or crossing the ABBO, the system will open with an opening
quote by disseminating the Exchange's best bid and offer among quotes
and orders (``BBO''), unless all three of the following conditions
exist: (i) A Zero Bid Market; \47\ (ii) no ABBO; and (iii) no Quality
Opening Market.\48\
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    \47\ The Exchange proposes to define the term ``Zero Bid
Market'' as where the best bid for an options series is zero. See
proposed Rule 701(a)(9).
    \48\ See proposed Rule 701(e).
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    A ``Quality Opening Market'' is a bid/ask differential applicable
to the best bid and offer from all Valid Width Quotes defined in a
table to be determined by the Exchange and published on the Exchange's
Web site.\49\ The calculation of Quality Opening Market is based on the
best bid and offer of Valid Width Quotes. The differential between the
best bid and offer are compared to reach this determination. The
allowable differential, as determined by the Exchange, takes into
account the type of security (for example, Penny Pilot versus non-Penny
Pilot issue), volatility, option premium, and liquidity. The Quality
Opening Market differential is intended to ensure the price at which
the Exchange opens reflects current market conditions.
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    \49\ See proposed Rule 701(a)(7).
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    If all three of the conditions described above exist, the Exchange
will calculate an Opening Quote Range (``OQR'') pursuant to proposed
Rule 701(i) (described below) and conduct the Price Discovery Mechanism
(``PDM'') pursuant to proposed Rule 701(j) (described below).\50\ The
Exchange believes that when these conditions exist, further price
discovery is warranted.\51\
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    \50\ See id.
    \51\ See Notice, supra note 3, at 96066.
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5. Opening With a Trade
    If there are Valid Width Quotes or orders that lock or cross each
other, the system will try to open with a trade. Proposed Rule 701(h),
however, provides that the Exchange will open the option series with a
trade of Exchange interest only at the Opening Price, if any of the
following conditions occur: (1) The Potential Opening Price (described
below) is at or within the best of the highest bid and the lowest offer
among Valid Width Quotes (``Pre-Market BBO'') \52\ and the ABBO; (2)
the Potential Opening Price is at or within the non-zero bid ABBO if
the Pre-Market BBO is crossed; or (3) where there is no ABBO, the
Potential Opening Price is at or within the Pre-Market BBO which is
also a Quality Opening Market.
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    \52\ See proposed Rule 701(a)(6). The Exchange states that the
Pre-Market BBO would not include orders. See Amendment No. 1, supra
note 4.
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    To undertake the above described process, the Exchange will
calculate the Potential Opening Price by taking into consideration all
Valid Width Quotes and orders (including Opening Sweeps and displayed
and non-displayed portions of Reserve Orders), except All-or-None
Orders that cannot be satisfied, and identify the price at which the

maximum number of contracts can trade (``maximum quantity
criterion'').\53\
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    \53\ See proposed Rule 701(g).
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    Under proposed Rule 701(g)(1), when two or more Potential Opening
Prices would satisfy the maximum quantity criterion and leave no
contracts unexecuted, the system would take the highest and lowest of
those prices and takes the mid-point. If such mid-point cannot be
expressed as a permitted minimum price variation, the mid-point will be
rounded to the minimum price variation that is closest to the closing
price for the affected series from the immediately prior trading
session. If there is no closing price from the immediately prior
trading session, the system will round up to the minimum price
variation to determine the Opening Price.\54\ Further, if any value
used for the mid-point calculation would cross either the Pre-Market
BBO, or the ABBO, then, for the purposes of calculating the mid-point,
the Exchange will use the better of the Pre-Market BBO or ABBO as a
boundary price and will open the option series for trading with an
execution at the resulting Potential Opening Price.\55\ The Exchange
states that the purpose of these boundaries is to help ensure that the
Potential Opening Price is reasonable and does not trade through other
markets.\56\
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    \54\ See proposed Rule 701(g)(1).
    \55\ If the Exchange has not yet opened and the above conditions
are not met, an Opening Quote Range (as described below) will be
calculated pursuant to proposed Rule 701(i), and thereafter, the
Price Discovery Mechanism described in proposed Rule 701(j) below
will commence. See proposed Rule 701(h)(3)(i)(B)(II).
    \56\ See Notice, supra note 3, at 96066.
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    If two or more Potential Opening Prices for the affected series
would satisfy the maximum quantity criterion and leave contracts
unexecuted, the Opening Price will be either the lowest executable bid
or highest executable offer of the largest sized side.\57\ This is
designed to base the Potential Opening Price on the maximum quantity of
contracts that are executable.\58\ Furthermore, the Potential Opening
Price calculation will be bounded by the better away market price that
cannot be satisfied with the Exchange routable interest.\59\ According
to the Exchange, this would ensure that the Exchange would not open
with a trade that would trade through another market.\60\
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    \57\ See proposed Rule 701(g)(2).
    \58\ See Notice, supra note 3, at 96066.
    \59\ See proposed Rule 701(g)(3).
    \60\ See Notice, supra note 3, at 96066.
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6. Price Discovery Mechanism
    If the Exchange has not opened with a BBO or trade pursuant to
proposed Rule 701(e) or (h), the Exchange will conduct a PDM pursuant
to proposed Rule 701(j) to determine the Opening Price. According to
the Exchange, the purpose of the PDM is to satisfy the maximum number
of contracts possible by applying wider price boundaries and seeking
additional liquidity.\61\
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    \61\ See Notice, supra note 3, at 96067.
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    Before conducting a PDM, however, the Exchange will calculate the
OQR under proposed Rule 701(i). The OQR, which is used during PDM, is
an additional boundary designed to limit the Opening Price to a
reasonable price and reduce the potential for erroneous trades during
the Opening Process.\62\
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    \62\ See id.
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    To determine the minimum value for the OQR, an amount, as defined
in a table to be determined by the Exchange, will be subtracted from
the highest quote bid among Valid Width Quotes on the Exchange and on
the away market(s), if any, except as provided in proposed Rule
701(i)(3) and (4).\63\ To determine the maximum value for the OQR, an
amount, as defined in a table to be determined by the Exchange, will be
added to the lowest quote offer among Valid Width Quotes on the
Exchange and on the away market(s), if any, except as provided in
proposed Rule 701(i)(3) and (4).\64\ If one or more away markets are
collectively disseminating a BBO that is not crossed, however, and
there are Valid Width Quotes on the Exchange that are executable
against each other or that are executable against the ABBO, then the
minimum value of the OQR will be the highest away bid and the maximum
value will be the lowest away offer.\65\ Additionally, if there are
Valid Width Quotes on the Exchange that are executable against each
other, and there is no away market disseminating a BBO in the affected
option series, the minimum value of the OQR will be the lowest quote
bid among Valid Width Quotes on the Exchange and the maximum value will
be the highest quote offer among Valid Width Quotes on the
Exchange.\66\
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    \63\ See proposed Rule 701(i)(1).
    \64\ See proposed Rule 701(i)(2).
    \65\ See proposed Rule 701(i)(3). Proposed Rule 701(i)(3)
further notes that the Opening Process will stop and an options
series will not open if the ABBO becomes crossed pursuant to
proposed Rule 701(c)(5).
    \66\ See proposed Rule 701(i)(4).
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    The Exchange will use the OQR to help calculate the Opening Price.
For example, if there is more than one Potential Opening Price possible
where no contracts would be left unexecuted, any price used for the
mid-point calculation, pursuant to proposed Rule 701(g)(1), that is
outside of the OQR will be restricted to the OQR on that side of the
market.\67\ Other instances that implicate the OQR are described below.
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    \67\ See proposed Rule 701(i)(5).
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    Furthermore, during PDM, the Exchange will take into consideration
the away market prices in calculating the Potential Opening Price. For
example, if there is more than one Potential Opening Price possible
where no contracts would be left unexecuted and the price used for the
mid-point calculation is an away market price, pursuant to proposed
Rule 701(g)(3), the system will use the away market price as the
Potential Opening Price.\68\ Moreover, proposed Rule 701(i)(7) provides
that if the Exchange determines that non-routable interest can execute
the maximum number of contracts against Exchange interest, after
routable interest has been determined by the system to satisfy the away
market, then the Potential Opening Price will be the price at which
such maximum number of contracts can execute--excluding the interests
to be routed to an away market.\69\
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    \68\ See proposed Rule 701(i)(6).
    \69\ The system will route Public Customer interest in price/
time priority to satisfy the away market. See proposed Rule
701(i)(7).
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    After the OQR is calculated, the system will broadcast an Imbalance
Message for the affected series \70\ to attract additional liquidity
and begin an ``Imbalance Timer,'' not to exceed three seconds.\71\ The
Imbalance Timer will be for the same number of seconds for all options
traded on the Exchange, and each Imbalance Message will be subject to
an Imbalance Timer.\72\ The Exchange may have up to four Imbalance
Messages which each run its own Imbalance Timer pursuant to the PDM
process.\73\
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    \70\ Imbalance Message includes the symbol, side of the
imbalance (unmatched contracts), size of matched contracts, size of
the imbalance, and Potential Opening Price bounded by the Pre-Market
BBO.
    \71\ See proposed Rule 701(j)(1). The Exchange represents that
it will issue a notice to provide the initial setting of the
Imbalance Timer and would thereafter issue a notice if it were to
change the timing. See Notice, supra note 3, at 96068.
    \72\ See proposed Rule 701(j)(1).
    \73\ See Notice, supra note 3, at 96068.
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    Proposed Rule 701(j)(2), states that any new interest received by
the system will update the Potential Opening Price. If during or at the
end of the Imbalance Timer, the Opening Price is at or within the OQR,
the Imbalance Timer will end and the system will open with a trade at
the Opening Price if the executions consist of Exchange interest only
without trading through the ABBO and without trading through the limit

price(s) of interest within the OQR, which is unable to be fully
executed at the Opening Price. If no new interest comes in during the
Imbalance Timer and the Potential Opening Price is at or within the OQR
and does not trade through the ABBO, the Exchange will open with a
trade at the end of the Imbalance Timer at the Potential Opening Price.
    If the option series has not opened pursuant to proposed Rule
701(j)(2) described above, the system will concurrently: (i) Send a
second Imbalance Message with a Potential Opening Price that is bounded
by the OQR (and would not trade through the limit price(s) of interest
within the OQR which is unable to be fully executed at the Opening
Price) and includes away market volume in the size of the imbalance to
participants; and (ii) initiate a Route Timer, not to exceed one
second.\74\ As proposed, the Route Timer will operate as a pause before
an order is routed to an away market. The Exchange states that the
Route Timer is intended to give participants an opportunity to respond
to an Imbalance Message before any opening interest is routed to away
markets and thereby maximize trading on the Exchange.\75\ If during the
Route Timer, interest is received by the system which would allow the
Opening Price to be within the OQR without trading through away markets
and without trading through the limit price(s) of interest within the
OQR which is unable to be fully executed at the Opening Price, the
system will open with trades at the Opening Price, and the Route Timer
will simultaneously end. The system will monitor quotes received during
the Route Timer and make ongoing changes to the OQR and Potential
Opening Price to reflect them.
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    \74\ See proposed Rule 701(j)(3).
    \75\ See Notice, supra note 3, at 96068.
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    Proposed Rule 701(j)(3)(iii) provides that, if no trade occurs
pursuant to proposed ISE Gemini Rule 701(j)(3)(ii), when the Route
Timer expires, if the Potential Opening Price is within the OQR (and
would not trade through the limit price(s) of interest within the OQR
that is unable to be fully executed at the Opening Price), the system
will determine if the total number of contracts displayed at better
prices than the Exchange's Potential Opening Price on away markets
(``better priced away contracts'') would satisfy the number of
marketable contracts available on the Exchange. The Exchange will then
open the option series by routing and/or trading on the Exchange,
pursuant to proposed Rule 701(j)(3)(iii) paragraphs (A) through (C).
    Proposed Rule 701(j)(3)(iii)(A) provides if the total number of
better priced away contracts would satisfy the number of marketable
contracts available on the Exchange on either the buy or sell side, the
system will route all marketable contracts on the Exchange to such
better priced away markets as an Intermarket Sweep Order (``ISO'')
designated as Immediate-or-Cancel (``IOC'') order(s) and determine an
opening BBO that reflects the interest remaining on the Exchange. The
system will price any contracts routed to away markets at the
Exchange's Opening Price. The Exchange states that routing away at the
Exchange's Opening Price is intended to achieve the best possible price
available at the time the order is received by the away market.\76\
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    \76\ See Notice, supra note 3, at 96068.
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    Proposed Rule 701(j)(3)(iii)(B) provides if the total number of
better priced away contracts would not satisfy the number of marketable
contracts on the Exchange, the system will determine how many contracts
it has available at the Opening Price. If the total number of better
priced away contracts plus the number of contracts available at the
Exchange's Opening Price would satisfy the number of marketable
contracts on the Exchange on either the buy or sell side, the system
will contemporaneously route, based on price/time priority of routable
interest, a number of contracts that will satisfy such away market
interest, and trade available contracts on the Exchange at the Opening
Price. The system will price any contracts routed to away markets at
the better of the Opening Price or the order's limit price pursuant to
proposed Rule 701(j)(vi)(C)(3)(ii). The Exchange states that this
proposed rule is designed to maximize execution of interest on the
Exchange or away markets.\77\
---------------------------------------------------------------------------

    \77\ See id.
---------------------------------------------------------------------------

    Proposed Rule 701(j)(3)(iii)(C) provides if the total number of
better priced away contracts plus the number of contracts available at
the Opening Price plus the contracts available at away markets at the
Exchange's Opening Price would satisfy the number of marketable
contracts on the Exchange, either the buy or sell side, the system will
contemporaneously route, based on price/time priority, a number of
contracts that will satisfy such away market interest (pricing any
contracts routed to away markets at the better of the Opening Price or
the order's limit price), trade available contracts on the Exchange at
the Opening Price, and route a number of contracts that will satisfy
interest at other markets at prices equal to the Opening Price. The
Exchange states that routing at the better of the Opening Price or the
order's limit price is intended to achieve the best possible price
available at the time the order is received by the away market and that
routing at the order's limit price ensures that the order's limit price
is not violated.\78\
---------------------------------------------------------------------------

    \78\ See Notice, supra note 3, at 96069.
---------------------------------------------------------------------------

    Proposed Rule 701(j)(4) provides that the system may send up to two
additional Imbalance Messages \79\ (which may occur while the Route
Timer is operating) bounded by the OQR and reflecting away market
interest in the volume. After the Route Timer has expired, the
processes in proposed Rule 701(j)(3) will repeat (except no new Route
Timer will be initiated).
---------------------------------------------------------------------------

    \79\ The Exchange notes that the first two Imbalance Messages
always occur if there is interest which will route to an away
market. See Notice, supra note 3, at 96069.
---------------------------------------------------------------------------

7. Forced Opening
    Proposed Rule 701(j)(5) describes the process that occurs if the
steps described above have not resulted in an opening of the options
series. After all additional Imbalance Messages have been broadcasted
pursuant to proposed Rule 701(j)(4), the system will open the series by
executing as many contracts as possible by: (i) Routing to away markets
at prices better than the Opening Price for their disseminated size;
(ii) trading available contracts on the Exchange at the Opening Price
bounded by the OQR (without trading through the limit price(s) of
interest within the OQR which is unable to be fully executed at the
Opening Price); and (iii) routing contracts to away markets at prices
equal to the Opening Price at their disseminated size. In forced
opening, the system will price any contracts routed to away markets at
the better of the Opening Price or the order's limit price. Any
unexecuted contracts from the imbalance not traded or routed will be
cancelled back to the entering participant if they remain unexecuted
and priced through the Opening Price.
    Proposed Rule 701(j)(6) provides the system will execute orders at
the Opening Price that have contingencies (such as without limitation,
All-or-None, and Reserve Orders) and non-routable orders such as ``Do-
Not-Route'' or ``DNR'' Orders,\80\ to the extent possible. The system
will only route non-contingency Public Customer orders, except that the
full volume of Public Customer Reserve Orders may route.
---------------------------------------------------------------------------

    \80\ See ISE Gemini Rule 715(m).
---------------------------------------------------------------------------

    Proposed Rule 701(j)(6)(i) provides the system will cancel: (i) Any
portion

of a Do-Not-Route Order that would otherwise have to be routed to the
exchange(s) disseminating the ABBO for an opening to occur, (ii) an
All-or-None Order that is not executed during the opening and is priced
through the Opening Price; and (iii) any order that is priced through
the Opening Price. All other interest will remain in the system and be
eligible for trading after opening. The Exchange states that it cancels
these orders since it lacks enough liquidity to satisfy these orders on
the opening.\81\ In addition, the Exchange believes that participants
would prefer to have these orders returned to them for further
assessment rather than have them entered into the order book at a price
which is more aggressive than the price at which the Exchange
opened.\82\
---------------------------------------------------------------------------

    \81\ See Notice, supra note 3, at 96069.
    \82\ See id.
---------------------------------------------------------------------------

8. Other Provisions
    Proposed Rule 701(k) provides that during the opening of the option
series, where there is an execution possible, the system will give
priority first to Market Orders,\83\ then to resting Limit Orders \84\
and quotes. Additionally, the allocation provisions of ISE Gemini Rule
713 and the Supplementary Material to that rule apply with respect to
other orders and quotes with the same price. Finally, proposed Rule
701(l) provides that upon the opening of the option series, regardless
of an execution, the system will disseminate the price and size of the
Exchange's best bid and offer.
---------------------------------------------------------------------------

    \83\ See ISE Gemini Rule 715(a).
    \84\ See ISE Gemini Rule 715(b).
---------------------------------------------------------------------------

9. Implementation
    The Exchange states that it intends to begin implementation of the
proposed rule change in first quarter of 2017.\85\ The Exchange
represents that migration of the Exchange system to Nasdaq INET
technology will be on a symbol by symbol basis and that the Exchange
will issue an alert to Members to provide notification of the symbols
that will migrate and the relevant dates.\86\
---------------------------------------------------------------------------

    \85\ See Notice, supra note 3, at 96063.
    \86\ See id. For a more detailed description of the proposed
rule change, see Notice, supra note 3.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\87\ In particular, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\88\ which requires, among other things,
that the rules of a national securities exchange be 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.
---------------------------------------------------------------------------

    \87\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \88\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange proposes to delete in its entirety the current opening
process and replace it with an opening rotation similar to the process
in place on its affiliated exchange, Phlx. In making this change, the
Exchange delineates, unlike in the current, more opaque rule, detailed
steps of the opening process. By providing more clearly each sequence
of the opening process, the Commission notes that the proposed rule
helps market participants understand how the new opening rotation will
operate. To that extent, the new opening process may promote
transparency, reduce the potential for investor confusion, and assist
market participants in deciding whether to participate in ISE Gemini's
opening rotation. Further, if they do participate in the new opening
process, the proposed rule may help provide market participants with
the confidence and certainty as to how their orders or quotes will be
processed.
    Further, the Commission believes that the proposed rule change is
designed to promote just and equitable principles of trade by seeking
to ensure that option series open in a fair and orderly manner. For
example, the Commission notes that the proposed rule change is designed
to mitigate the effects of the underlying security's volatility as the
overlying option series undergoes the opening rotation. Specifically,
the proposed rule provides for a range of no less than 100 milliseconds
and no more than 5 seconds in order to ensure that the Exchange has the
ability to adjust the period for which the underlying must be open on
the primary market before the opening process commences. Moreover, the
Commission notes that the proposed rule provides an orderly process for
handling eligible interests during the opening rotation, while seeking
to avoid opening executions at suboptimal prices. For instance, the new
process ensures that the Exchange will not open with the Exchange's BBO
if there is a Zero Bid Market, no ABBO, and no Quality Opening Market.
Likewise, the Exchange will not open an option series with a trade
unless one following conditions is met: (1) The Potential Opening Price
is at or within the Pre-Market BBO and the ABBO; (2) the Potential
Opening Price is at or within the non-zero bid ABBO if the Pre-Market
BBO is crossed; or (3) where there is no ABBO, the Potential Opening
Price is at or within the Pre-Market BBO which is also a Quality
Opening Market. Finally, while the new opening process attempts to
maximize the number of contracts executed on the Exchange during such
rotation, including by seeking additional liquidity, if necessary, the
Commission notes that the new opening process, unlike the current
process, takes into consideration away market interests and ensures
that better away prices are not traded through. For these reasons, the
Commission believes that the proposed rule change, as modified by
Amendment No. 1, is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\89\ that the proposed rule change (SR-ISEGemini-2016-18),
as modified by Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \89\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\90\
---------------------------------------------------------------------------

    \90\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03104 Filed 2-15-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43122-43123]
[FR Doc No: 2019-17900]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3063-021]

Blackstone Hydro Associates; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 3063-021.
    c. Date filed: July 31, 2019.
    d. Applicant: Blackstone Hydro Associates (BHA).
    e. Name of Project: Central Falls Hydroelectric Project.
    f. Location: On the Blackstone River, in the City of Central Falls,
Providence County, Rhode Island. No federal lands are occupied by the
project works or located within the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Robert Leahy, 130 Prospect Street,
Cambridge, MA 02139; Phone at<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>    i. FERC Contact: Patrick Crile,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC 61,076
(2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: September 29, 2019.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426. The first page of any filing should include
docket number P-3063-021.
    m. The application is not ready for environmental analysis at this
time.
    n. The existing Central Falls Project consists of: (1) A 190-foot-
long, 24-foot-high, curved granite-masonry dam (Valley Falls Dam); (2)
an approximately 64.5-acre impoundment with a normal maximum elevation
of 49.5 feet National Geodetic Vertical Datum of 1929 (NGVD 1929); (3)
a granite block and wood-framed gatehouse that is integral with the
dam's right abutment and contains ten 9-foot-wide, 6-foot-tall gates in
five gate openings; (4) a 290-foot-long, granite block-lined headrace;
(5) an intake structure with two 8-foot-high hydraulic gates and 24-
foot-wide, 11.5-foot-high, inclined trashracks having 3-inch clear bar
spacing; (6) two 30-foot-long, 7-foot-diameter penstocks; (7) an
approximately 53-foot-long, 32-foot-wide concrete powerhouse containing
two Allis-Chalmers tube turbines with a total installed capacity of 700
kilowatts (kW); (6) an approximately 1,200-foot-long, 36-foot-wide
tailrace; (7) two 4.16 kilovolt (kV) generator leads; (8) a 150-foot-
long, 4.16 kV transmission line; and (8) appurtenant facilities.
    BHA operates the project as a run-of-river facility, such that
outflow from the project approximates inflow. The project bypasses
approximately 1,500 feet of the Blackstone River. A 108-cubic feet per
second (cfs) minimum flow is released over the dam into the bypassed
reach. BHA discharges a continuous minimum flow of 238 cfs, or inflow,
whichever is less, as measured at the confluence of the tailrace and
the river channel. The average annual generation of the project is
approximately 1,230 megawatt-hours (MWh).
    BHA proposes to: (1) Continue operating the project in a run-of-
river mode; (2) retrofit the two existing turbines to increase the
turbine operating ranges; (3) install a new bypassed flow pipe from the
headrace to the toe of the dam to provide a minimum flow of 210 cfs to
the bypassed reach; (4) install three new 38-

kW Kaplan turbine-generator units in the proposed bypassed flow pipe;
(5) install a new trashrack with 1-inch clear bar spacing in the
headrace to prevent fish impingement and entrainment; (6) install a new
downstream fish passage facility in the headrace, immediately upstream
of the new trashrack; (7) maintain a 13-cfs aesthetic flow over the
Valley Falls Dam; (8) provide a flow of up to 3 cfs to an adjacent
canal; (9) install an eel passage facility at the project dam; and (10)
install 20 long-eared bat boxes and implement a Northern Long Eared Bat
Management and Protection Plan. BHA estimates the project enhancements
will result in an average annual generation of approximately 3,200 MWh.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary schedule. Revisions
to the schedule will be made as appropriate.

Issue Deficiency Letter (if necessary)--September 2019
Request Additional Information--September 2019
Issue Acceptance Letter--December 2019
Issue Scoping Document 1 for Comments--January 2020
Request Additional Information (if necessary)--February 2020
Issue Scoping Document 2--March 2020
Issue Notice of Ready for Environmental Analysis--March 2020
Issue Notice of Availability of Environmental Assessment--October 2020

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: August 14, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-17900 Filed 8-19-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Page 61084]
[FR Doc No: 2020-21418]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0228]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Pilots
Convicted of Alcohol or Drug-Related Motor Vehicle Offenses Subject to
State Motor Vehicle Administrative Procedure

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 4, 2020. The collection involves receiving and
maintaining correspondence required to be sent to the FAA from pilots
who have been involved in a drug or alcohol related motor vehicle
action. The information to be collected will be used to and/or is
necessary because the FAA is concerned about those airmen abusing or
dependent on drugs or alcohol in regard to the safety of the National
Airspace System.

DATES: Written comments should be submitted by October 29, 2020.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Christopher Marks by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to
comment on any aspect of this information collection, including (a)
Whether the proposed collection of information is necessary for FAA's
performance; (b) the accuracy of the estimated burden; (c) ways for FAA
to enhance the quality, utility and clarity of the information
collection; and (d) ways that the burden could be minimized without
reducing the quality of the collected information.
    OMB Control Number: 2120-0543.
    Title: Pilots Convicted of Alcohol or Drug-Related Motor Vehicle
Offenses Subject to State Motor Vehicle Administrative Procedure.
    Form Numbers: No official form numbers used.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on March 4, 2020 (85 FR 12817). After a study and audit
conducted from the late 1970's through the 1980's by the Department of
Transportation, Office of the Inspector General, (DOT/OIG), the DOT/OIG
recommended the FAA find a way to track alcohol abusers and those
dependent on the substance that may pose a threat to the National
Airspace (NAS). Through a Congressional act issued in November of 1990,
the FAA established a Driving Under the Influence (DUI) and Driving
While Intoxicated (DWI) Investigations Branch. The final rule for this
program is found in Title 14 Code of Federal Regulations (CFR)--Part 61
Sec.  61.15.
    This regulation calls for pilots certificated by the FAA to send
information regarding Driving Under the Influence (or similar charges)
of alcohol and/or drugs to the FAA within 60 days from either an
administrative action against their driver's license and/or criminal
conviction. Part of the regulation also calls for the FAA to seek
certificate action should an airman be involved in multiple, separate
drug/alcohol related motor vehicle incidents within a three-year
period. Information sent by the airmen is used to confirm or refute any
violations of these regulations, as well as by the Civil Aerospace
Medical Institute (CAMI) for medical qualification purposes. Collection
by CAMI is covered under a separate OMB control number 2120-0034.
    An airman is required to provide a letter via mail or facsimile,
with the following information: Name, address, date of birth, pilot
certificate number, the type of violation which resulted in the
conviction or administrative action, and the state which holds the
records or action.
    Respondents: 589 FAA airmen with drug and alcohol related motor
vehicle actions provide approximately 862 reports per year over the
last three years.
    Frequency: On occasion.
    Estimated Average Burden per Response: 30 minutes.
    Estimated Total Annual Burden: 431 hours.

    Issued in Oklahoma City, OK on September 23, 2020.
Christopher Marks,
Security Specialist, Office of Security & Hazardous Materials Safety/
Enforcement Standards & Policy Division, AXE-900.
[FR Doc. 2020-21418 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15325-15326]
[FR Doc No: 2016-06429]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-0125]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0105

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting approval of
revisions to the following collection of information: 1625-0105,
Regulated Navigation Area; Reporting Requirements for Barges Loaded
with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard
District and the Illinois Waterway, Ninth Coast Guard District. Our ICR
describes the information we seek to collect from the public. Before
submitting this ICR to OIRA, the Coast Guard is inviting comments as
described below.

DATES: Comments must reach the Coast Guard on or before May 23, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2016-0125] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S. COAST
GUARD, 2703 MARTIN LUTHER KING JR. AVE. SE., STOP 7710, WASHINGTON, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek approval of
revisions of the Collection. We will consider all comments and material
received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2016-0125], and
must be received by May 23, 2016.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Regulated Navigation Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District and the Illinois Waterway, Ninth Coast Guard District.
    OMB Control Number: 1625-0105.
    SUMMARY: The Coast Guard requires position and intended movement
reporting, and fleeting operations reporting, from barges carrying
certain dangerous cargoes (CDCs) in the inland rivers within the Eighth
and Ninth Coast Guard Districts.
    Need: This information is used to ensure port safety and security
and to ensure the uninterrupted flow of commerce.
    Forms: None.
    Respondents: Owners, agents, masters, towing vessel operators, or
persons in charge of barges loaded with CDCs or having CDC residue
operating on the inland rivers located within the Eighth and Ninth
Coast Guard Districts.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 1,901
hours

to 4 hours a year due to a decrease in the estimated number of
responses. The change in responses is due to recent District 8 &
District 9 administrative changes to the reporting requirements.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: March 14, 2016.
Thomas P. Michelli,
U.S. Coast Guard, Deputy Chief Information Officer.
[FR Doc. 2016-06429 Filed 3-21-16; 8:45 am]
 BILLING CODE 9110-04-P