1 Date: June 12, 2004 To: Lynn Zipf, EPA From: Ian Cadillac and Maureen F. Kaplan, ERG Subject: Toxic Weighting Factors ( TWFs) Database: Preliminary Working Version Introduction EPA estimates the hazard of pollutants discharged in industrial wastewaters by calculating hazard scores using pollutant specific toxic weighting factors ( TWFs). Where data is available these TWFs reflect both aquatic life and human health effects. Multiplying the pounds of pollutants discharged by their TWFs results in an estimate of toxic weighted pound equivalents ( TWPE). Currently, EPA uses a spreadsheet with one worksheet to identify all the input data used in calculating TWFs. This spreadsheet does not present the equations used in calculating TWFs. EPA used the TWFs in this existing spreadsheet to calculate TWPEs for the industrial sectors reviewed in the 2004 effluent guidelines plan ( see DCN 01198 in Section 2.1.1 and DCN 01199 in Section 2.1.2 for a table of these TWFs).

EPA is developing a new database format for documenting both the input data and the equations used in calculating TWFs. The new database will provide better transparency regarding the calculation of TWFs. When complete, EPA will use this new database format for future effluent guidelines reviews. The draft database format attached to this memorandum is a Microsoft Excel spreadsheet with multiple worksheets and is named " TWF_ DRAFT_ v1. xls." The purpose of this memorandum is to provide an overview of the draft database format.

1. Draft Database Format Overview In order to work with the draft database format, the user should:

Double click on the file (" TWF_ DRAFT_ v1. xls") to open it. Click the button " Enable Macros."

Go to sheet " READ FIRST" and follow instructions.

Data Dictionary. This the preliminary format for the data element dictionary. Notes will be added, e. g., see entry for Q1*.

2. Sheets with calculations TWFs. This is the summary sheet for the draft database format. At the moment, the equation in the " preferred" columns is " Select EPA ` organism only' if it is available, else use EPA ` water and organism'."

HHCALC. This sheet shows the values used to calculate a human health criterion and calculates four versions of the criterion based on whether it is a carcinogen or not ( q1* or RFD basis) and the 1980 or 2 2000 methodology. We have left columns for variables used in the 2000 methodology such as, relative source contribution ( RSC), point of departure ( POD), and uncertainty factor ( UF). This sheet pulls in each variable ( e. g., q1*, RFD, etc.) from other sheets. In this sheet, " NA" indicates a blank in the existing EPA TWF spreadsheet.

3. Data Sheets WQ_ WO_ EPA and WQ_ ORG_ EPA. These sheets are for human health criteria published by EPA and correspond to the HHWO and HHOO columns in the existing EPA TWF spreadsheet. We have inserted the description for human health type and source where codes were given in the existing EPA TWF spreadsheet. An " NA" entry indicates a blank in the existing EPA TWF spreadsheet. We assume these sheets would be updated whenever EPA publishes criteria or if the values come from another EPA publication.

AQ_ FRESH_ ACUTE, AQ_ FRESH_ CHRONIC, AQ_ SALT_ ACUTE, and AQ_ SALT_ CHRONIC. These four sheets form the documentation for aquatic life criteria for fresh/ salt water and acute/ chronic exposure. An "# NA" entry means that there was a code listed in the existing EPA TWF spreadsheet.

BCF, Cancer Potency Factor, and Reference Dose. These three sheets list the values and sources used for bioconcentration factors, q1*, and RFDs. We assume these sheets would be updated if EPA had to develop/ revise a criterion for a pollutant.

Constants, Notes, and Abbreviations. These sheets are still under development.

Versar Codes and Versar Refs. These form the lookup tables and are taken from EPA TWF documentation.

Ranges. This sheet is required in order to have the DGET functions work properly. It is an artifact of working in Excel. We have protected this sheet accordingly.


[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Notices]
[Pages 26412-26413]
[FR Doc No: 2013-10849]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, May 9,
2013 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting will be:
    institution and settlement of injunctive actions;

    institution and settlement of administrative proceedings; and
    other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: May 2, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-10849 Filed 5-2-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63566-63567]
[DOCID:fr09no07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-398-001 and CP07-401-000]

Gulf Crossing Pipeline Company, LLC and Gulf South Pipeline
Company, L.P.; Notice of Availability of the Draft Environmental Impact
Statement for the Gulf Crossing Project

November 2, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared this Draft Environmental Impact Statement
(EIS) for the natural gas pipeline facilities proposed by Gulf Crossing
Pipeline Company, LLC (Gulf Crossing) and Gulf South Pipeline Company,
L.P. (Gulf South) under the above-referenced dockets. Gulf Crossing and
Gulf South's (the Companies) proposed Gulf Crossing Project (Project)
would be located in various counties and parishes in Oklahoma, Texas,
Louisiana, and Mississippi.
    The Draft EIS was prepared to satisfy the requirements of the
National Environmental Policy Act (NEPA). The FERC staff concludes that
the proposed Project, with the appropriate mitigation measures as
recommended, would have limited adverse environmental impact.
    The U.S. Fish and Wildlife Service, the Louisiana Department of
Wildlife and Fisheries, the Texas Parks and Wildlife Department, and
Natural Resources Conservation Service are cooperating agencies for the
development of this EIS. A cooperating agency has jurisdiction by law
or special expertise with respect to any environmental impact involved
with the proposal and is involved in the NEPA analysis.
    The general purpose of the proposed Project is to facilitate the
transport of up to 1.73 billion cubic feet per day of natural gas from
production fields in eastern Texas and southern Oklahoma to Gulf Coast
market hubs that would service the eastern United States.
    The Draft EIS addresses the potential environmental effects of
construction and operation of the facilities listed below.
    Gulf Crossing proposes to construct and operate:
     Approximately 353.2 miles of 42-inch-diameter natural gas
transmission pipeline extending east-southeast from Grayson County,
Texas and Bryan County, Oklahoma to Madison Parish, Louisiana;
     Four new compressor stations: The Sherman, Paris, Mira,
and Sterlington Compressor Stations located in Grayson and Lamar
County, Texas and Caddo and Ouachita Parish, Louisiana, respectively,
totaling 100,734 horsepower;
     Seven new metering and regulating stations; and
     Other appurtenant ancillary facilities including, mainline
valves (MLV), pig launcher and receiver facilities.
    Gulf South proposes to construct and operate:
     Approximately 17.8 miles of 42-inch-diameter pipeline loop
extending southeast from Hinds County, Mississippi to Simpson County,
Mississippi;
     Addition of 30,000 horsepower to its recently approved
Harrisville Compressor Station; and
     Other appurtenant ancillary facilities including MLV, pig
launcher and receiver facilities.
    The Companies propose to have the facilities installed and
operational by October 2008.
    The Draft EIS has been placed in the public files of the FERC and
is available for public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of copies of the Draft EIS are available from the
Public Reference Room identified above. In addition, the Draft EIS has
been mailed to affected landowners; various Federal, State, and local
government agencies; elected officials; environmental and public
interest groups; Native American tribes; local libraries and
newspapers; intervenors; and other individuals that expressed an
interest in the proposed Project.

Comment Procedures and Public Meetings

    Any person wishing to comment on the Draft EIS may do so. Please
carefully follow these instructions to ensure that your comments are
received and properly recorded.
     Send an Original and two copies of your comments to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Room 1A, Washington, DC 20002.
     Reference Docket Nos. CP07-398-001, and CP07-401-000.
     Label one copy of the comments for the attention of Gas
Branch 3.
     Mail your comments so that they will be received in
Washington, DC on or before December 24, 2007.
    The Commission strongly encourages electronic filing of any
comments, interventions or protests to this proceeding. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link and the link to the

User's guide. Before you can file comments you will need to create a
free account, which can be created by clicking on ``Login to File'' and
then ``New User Account.'' You will be asked to select the type of
filing you are making. This filing is considered a ``Comment on
Filing.''
    In lieu of sending written comments, you are invited to attend
public comment meetings the FERC will conduct in the project area to
receive comments on the Draft EIS. Date, time, and location of these
meetings will be sent under a different cover. Interested groups and
individuals are encouraged to attend and present oral comments on the
Draft EIS. Transcripts of the meetings will be prepared.
    After the comments are reviewed, and significant new issues are
investigated, and modifications are made to the Draft EIS, a Final EIS
will be published and distributed by the FERC staff. The Final EIS will
contain the staff's responses to timely comments received on the Draft
EIS.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214). Only intervenors have the right to seek
rehearing of the Commission's decision. Anyone may intervene in this
proceeding based on this Draft EIS. You must file your request to
intervene as specified above.\1\

You do not need intervenor status to have your comments considered.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    The Draft EIS has been placed in the public files of the FERC and
is available for distribution and public inspection at: Federal Energy
Regulatory Commission, Public Reference Room, 888 First Street, NE.,
Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    CD-ROM copies of the EIS have been mailed to Federal, state and
local agencies; public interest groups; individuals and affected
landowners who requested a copy of the Draft EIS or provided comments
during scoping; libraries and newspapers in the Project area; and
parties to this proceeding. Hard copy versions of the Draft EIS were
mailed to those specifically requesting them. A limited number of hard
copies and CD-ROMs are available from the Public Reference Room
identified above.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the ``eLibrary

link,'' select ``General Search'' and enter the project docket number
excluding the last three digits (i.e., CP07-398) in the ``Docket
Number'' field. Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or TTY (202)

502-8659. The eLibrary link on the FERC Internet Web site also provides
access to the texts of formal documents issued by the Commission, such
as orders, notices, and rule makings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
these documents. To learn more about eSubscription and to sign-up for
this service please go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-22021 Filed 11-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65263-65268]
[FR Doc No: 2014-26010]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73450; File No. SR-CBOE-2014-081]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Functionality of Public Automated
Routing System

October 28, 2014.
    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 October 15, 2014, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt Rule 6.12A (Public Automated Routing
System (PAR)) to describe the functionality of the PAR workstation. The
text of the proposed rule change is below and in Exhibit 1 (additions
are italicized; deletions are [bracketed]).
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 6.12. Reserved

* * * * *

6.12A. Public Automated Routing System (PAR)

    Rule 6.12A. The PAR workstation (PAR) is an Exchange-provided order
management tool for use on the Exchange's trading floor by Trading
Permit Holders or Exchange PAR Officials (see Rule 7.12 for a
description of the responsibilities of PAR Officials). The Exchange's
Order Handling System allows for orders to be routed to and from PAR in
accordance with TPH and Exchange order routing parameters and the Rules
including, but not limited to, this Rule 6.12A and Chapters VI, VII,
and VIII of the Rules and Rules 6.2B, 6.13, 6.14B, 6.53, 6.53C, 6.74,
7.12, and 8.51 thereunder.
    (a) Order Routing. Eligible orders will be routed to PAR in
accordance with TPH and Exchange order routing parameters and the
order's terms.
    (b) Order Handling. Once an order is on PAR, the order shall be
processed in accordance with the manual or automatic settings
established by the user and the order's terms. Subject to the forgoing,
once an order is on PAR, the user may:
    (i) Submit the order into the Hybrid Trading System (including for
execution against quotes and orders resting in the electronic book and
exposure to appropriate electronic auctions pursuant to Rules 6.13A,
6.14A, 6.53C, 6.74B, and 24B.5B);
    (ii) Execute the order in open outcry, including against other
orders on PAR and with other TPHs or PAR Officials in accordance with
Rules 6.74 and 7.12;
    (iii) Route the order to an Order Management Terminal (OMT)

designated by the TPH or otherwise return the order to the order entry
firm or originating TPH;
    (iv) Route the order or a portion thereof to an away exchange in
accordance with Rules 6.14B and 6.81;
    (v) Reflect the price and/or quantity related to the order or a
portion thereof in the displayed Exchange BBO (applicable only in
options classes on the Hybrid 3.0 Platform); or
    (vi) Cancel the unexecuted order, including upon receipt of a
cancel request from the order entry firm or originating TPH or as
prescribed by Exchange or TPH order routing parameters.
    (c) Eligible Order Types. Unless otherwise specified in the Rules,
all order types specified in Rule 6.53 are eligible to route to PAR,
except that the order types defined in Rules 6.53(h), 6.53(o)-(r), and
6.53(t)-(v) may not be routed to PAR.
    (d) Preemption. To the extent that any provision(s) of this Rule
6.12A conflicts with any provision(s) of any Regulatory Circular
previously issued by the Exchange regarding the operation or
functionality of PAR, this Rule supersedes and supplants the limited
conflicting provision(s) of any such Regulatory Circular.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to adopt new Rule 6.12A to describe its
existing PAR operations and PAR workstation \3\ functionality. The
Exchange notes that PAR is currently in use on the Exchange and that
PAR is referenced throughout the Rules \4\ and in various Regulatory
Circulars.\5\ While there are various references to PAR throughout the
Rules and in Regulatory Circulars, the Rules do not describe the
substantive aspects of the order handling process available to users
once orders are received on PAR (and thus how Trading Permit Holders
(``TPHs'') or PAR Officials,\6\ as applicable, may process such
orders). The purpose of this rule filing is to codify the details of
the Exchange's existing PAR operations and functionalities within the
Rules. The Exchange believes that adding details to the Rules regarding
PAR would be useful to TPHs.
---------------------------------------------------------------------------

    \3\ The PAR workstation is an Exchange-provided facility used to
operate the Exchange's Public Automated Routing System. The Public
Automated Routing System and Public Automated Routing workstation
are referred to collectively as ``PAR'' herein.
    \4\ The Exchange is currently working on a separate filing that
would consolidate the Rules that interact with PAR (see, e.g., Rule
6.2B.03(c)(ii); Rule 6.8(d)(iv)(A); Rule 6.13(b)(i)(A)(2); Rule
6.13(b)(iii); Rule 6.13(b)(iv); Rule 6.13(b)(v)(B); Rule 6.53C(c);
Rule 6.53C(d)(vi); Rule 6.53C.06(b); Rule 6.53C.07(a)(3); Rule
6.53C.07(b); Rule 6.53C.07(e); Rule 7.12; Rule 8.51.10) into a
single Rule.
    \5\ See, e.g., Regulatory Circular RG97-018 (Order Routing of
Contingency Orders) (February 7, 1997); RG97-019 (New PAR
Functionality--Contingency, Discretionary Orders) (February 7,
1997); RG03-003 (Limit Order Display Requirements) (January 10,
2003); RG03-029 (Market Linkage Implementation II) (April 17, 2003);
RG03-043 (Failure to Address Orders and Honor Firm Quote) (June 25,
2003); RG03-064 (Market Maker Orders Now Book-Eligible in Hybrid
Classes) (July 31, 2003); RG04-056 (How Firm Quote Applies to
Marketable Orders Entered At or Near the Close) (April 30, 2004);
RG04-066 (All or None (AON) Orders in Hybrid Classes) (June 2,
2004); RG04-068 (Routing of Discretionary Orders to DPM PAR
Workstations) (June 4, 2004); RG05-017 (Autobook) (February 11,
2005); RG07-046 (PAR Reporting Enhancements) (April 13, 2007); RG07-
084 (Hybrid 2.0 Auto-Ex on Single-List Classes) (August 3, 2007);
RG07-104 (EPW Activation in Single-List, Hybrid 2.0 Classes)
(October 8, 2007); RG07-112 (Hybrid Auto-Ex and ``Exchange
Prescribed Widths'' (EPWs)) (November 5, 2007); RG09-084 (New Option
Linkage Implementation) (August 14, 2009); RG11-005 (CBOEdirect
Version 8.5 System Modifications) (January 13, 2011); RG11-074
(Processing of Stock-Option Strategy Orders) (June 17, 2011); RG11-
102 (Price Protection Enhancements) (August 26, 2011); RG12-037
(Prefix Usage for SPX Combination (``Combo'') Orders) (February 29,
2012); RG13-083 (New Order Designations) (June 5, 2013); RG13-105
(New Order Designations) (July 29, 2013); RG13-154 (Exchange Rule
6.51--``Reporting Duties'') (November 29, 2013); RG14-037 (PAR
Enhancements) (March 25, 2014); RG14-047 (PAR Enhancements) (April
2, 2014); RG14-096 (PAR Enhancements) (June 20, 2014); see also
Information Circular IC03-08 (Systems Enhancements--Complex Orders
and Linkage) (January 23, 2003); IC03-38 (Complex Order TNT Entry)
(March 21, 2003); IC04-018 (Floor Broker Workstation (FBW
Enhancements) (February 17, 2004); IC04-020 (CBOE Systems
Enhancements) (February 17, 2004); IC05-006 (Complex Order TNT
Entry) (January 24, 2005); IC05-112 (PAR AutoLink and COB) (August
31, 2005); IC06-076 (PAR Routed Orders) (June 23, 2006).
    \6\ A PAR Official is an Exchange employee or independent
contractor whom the Exchange may designate as being responsible for
(i) operating the PAR workstation in a DPM trading crowd with
respect to the classes of options assigned to him/her; (ii) when
applicable, maintaining the book with respect to the classes of
options assigned to him/her; and (iii) effecting proper executions
of orders placed with him/her. The PAR Official may not be
affiliated with any Trading Permit Holder that is approved to act as
a Market-Maker. Rule 7.12(a). The duties and obligations of PAR
Officials are set forth in Rule 7.12.
---------------------------------------------------------------------------

    The Exchange is continuously evaluating additions to the Rules,
particularly with respect to systems processes and order handling. The
Exchange believes that the adoption of Rule 6.12A describing PAR
functionality is consistent with this effort.
Background
    PAR is a touch-screen order routing and handling tool that is used
by TPHs and PAR Officials on the floor of the Exchange to manage and
process orders that are routed to PAR for processing. PAR is equipped
with a dynamic, graphical display that allows users to manually and
automatically execute orders electronically through the Exchange's
central trading engine and in open outcry. In general, PAR allows users
to specify execution quantities, split trades among multiple contra
parties, report trades, route orders to the book, and generate trading
reports, including a detailed history on all activity conducted on the
workstation.
    The Exchange operates a dynamic order handling system (``OHS''),\7\
which allows orders to be routed, processed, and transmitted to the
Exchange's trade engine, in a variety of ways on the Hybrid Trading
System. The OHS may route orders directly to the Exchange's trade
engine for automatic execution and book entry, to PAR workstations
located in the trading crowds for manual handling, and/or to other
order management terminals (``OMTs'') located in booths on the floor of
the Exchange. PAR receives orders through the OHS according to Exchange
and TPH routing parameter configurations.
---------------------------------------------------------------------------

    \7\ The Exchange completed the rollout of the OHS in 2008, which
replaced the Exchange's Order Routing System (``ORS''). OHS resides
within the Exchange's central trading platform, CBOE Command and
thus, functions on same platform as the Exchange's trade processing
engine, resulting in speedier processing and improved order
handling.
---------------------------------------------------------------------------

    A TPH or PAR Official may select an order on the workstation and
enter trade information such as execution quantity, price, and contra
party information. The PAR interface also allows the user to direct an
order to be executed or booked

by the Exchange's trade engine. Once execution of an order is
completed, PAR transmits the completed execution (also referred to as a
``fill''), back to the OHS. PAR users can also transmit to the trade
engine a portion of a selected order to be executed or booked within
the trade engine. In addition, PAR allows users to execute orders in
open outcry and record information about open outcry trades for audit-
trail purposes. These functions are described in greater detail below.
PAR workstations may be used in the form of fixed workstation terminals
or mobile devices.
    PAR was introduced at the Exchange in 1994 as an innovative trading
automation solution. In general, PAR was developed to automate the
manual trading process in open outcry, which previously required the
use of paper tickets to execute customer orders. Rather than entering
orders and executions into TPH computer systems, transmitting order and
trade execution information to and from the Exchange's trade engine,
printing order tickets and fill reports, and physically delivering the
order tickets and fill reports to counterparty brokers on the floor of
the Exchange and to the Options Clearing Corporation, PAR allows users
to process orders directly through the OHS and from TPH trading
systems.
    Initially, PAR was placed in use in limited areas on the floor of
the Exchange.\8\ By 1997, PAR functionality was enhanced to allow the
direct routing of various order types from the Exchange's system to
PAR, including the following types of orders: All or None; Opening
Only; Immediate or Cancel; Market on Close; Fill or Kill; Closing Only;
Minimum Quantity; Market if Touched; Stop; Not Held; and Stop Limit.\9\
Notably, whether a particular order or order type routed to PAR was
(and continues to be) a function of parameter controls, set by TPHs and
the Exchange, that allow different order types to be selectively routed
at the discretion of, and in accordance with, TPH order routing and
handling instructions.\10\ As technology, regulation, and trading
practices have shifted, the Exchange has adapted and enhanced PAR to
meet the trading needs of TPHs and the Exchange. The systemic
flexibility of PAR has been (and continues to be) essential in
maintaining PAR as an effective order management tool.
---------------------------------------------------------------------------

    \8\ See Securities and Exchange Act Release No. 34-34876
(October 21, 1994), FR Doc No: 94-26765 (October 28, 1994) (Order
Approving Proposed Rule Change and Amendment No. 1 to a Proposed
Rule Change and Notice of Filing and Order Granting Accelerated
Approval of Amendment No. 2 to a Proposed Rule Change by the Chicago
Board Options Exchange, Inc. Relating to Firm Quote
Responsibilities) (SR-CBOE-94-17).
    \9\ See Regulatory Circular RG97-67 (Permanent Approval of Order
Routing of Contingency Orders) (June 4, 1997); see also Securities
and Exchange Act Release No. 34-38702 (May 30, 1997), 62 FR 31184
[sic] (Notice of Filing and Order Granting Accelerated Approval of
Proposed Rule Change Relating to Enhancements to the Electronic
Order Routing System) (June 6, 1997) (SR-CBOE-97-22).
    \10\ See Id.
---------------------------------------------------------------------------

    Until 2005, only Floor Brokers and DPMs used PAR on the floor of
the Exchange, with DPMs handling agency orders on PAR including orders
that could not be automatically executed and thus, routed to PAR for
manual handling. In 2005, the Exchange adopted Rule 7.12, which
prohibited DPMs from executing agency orders in their appointed classes
and allowed the Exchange to place PAR Officials at PAR workstations for
the handling of orders routed to PAR in accordance with Exchange and
TPH order routing parameters.\11\ TPHs and PAR Officials have
continually used PAR on the floor of the Exchange since Rule 7.12 was
adopted.
---------------------------------------------------------------------------

    \11\ See Securities and Exchange Act Release No. 34-52798
(November 18, 2005), 70 FR 71134 [sic] (Order Approving a Proposed
Rule Change and Amendment No. 1 Thereto and Notice of Filing and
Order Granting Accelerated Approval to Amendments No. 2 and 4
Thereto Relating to the Removal of Agency Responsibilities From
Designated Primary Market-Makers and the Establishment of PAR
Officials) (November 28, 2005) (SR-CBOE-2005-46); see also
Regulatory Circular RG05-117 (Separation of DPM Agency and Principal
Functions) (November 22, 2005).
---------------------------------------------------------------------------

    The Exchange considers PAR an important Exchange facility and order
management tool for market participants on the Exchange. Many of the
orders that cannot be automatically processed by the Exchange's central
trade engine are routed to PAR for handling. The functionalities
provided on PAR that allow these orders to be processed are essential
to the functioning of the Exchange and the maintenance of fair and
orderly markets. The proposed rule describes the substantive functions
of PAR and its central operation.
Proposal
    The Exchange proposes to adopt Rule 6.12A to describe the operation
of PAR and and [sic] functionality of its PAR workstations. Among other
things, Rule 6.12A would describe how orders may be routed to PAR and
what PAR users may do to process orders once they are received on PAR.
Proposed Rule 6.12A describes the substantive operation of PAR and the
primary functionality of the PAR workstation. The proposed Rule is not
intended as a user manual or software tutorial. The Exchange notes that
PAR does not allow market participants to perform any functions that
are not already authorized under the Rules. Rather, PAR is a tool that
may be used by market participants, at their discretion, to help
facilitate the efficient and orderly processing of orders in a manner
already authorized under the Rules. Thus, the purpose of the proposed
rule is simply to describe and clarify the substantive functions of
PAR. The Exchange believes that the proposed rule will add clarity to
the Rules (inasmuch as PAR is already referenced throughout the Rules
without a description of PAR or the substantive functions that may be
performed on PAR) and that the proposed rule would be useful for TPHs.
    Under the Exchange's proposal, the rule would describe the order
processing functions of PAR including, but not limited to how PAR users
may: Interact with the electronic trade engine (including executions
with quotes and orders resting in the electronic book and exposure to
applicable electronic auctions); execute orders in open outcry
(including against other orders on the same PAR terminal (i.e., cross
orders), or with other TPHs and PAR Officials); route orders to Order
Management Terminals (``OMTs'') or otherwise return orders to order
entry firms or the TPH that entered the order; route orders or portion
thereof to an away exchange; route orders to the electronic book;
reflect a price and/or quantity of orders or portion thereof in the
CBOE BBO for classes trading on the Hybrid 3.0 Platform; \12\ and
cancel unexecuted orders. Proposed Rule 6.12A(a) would describe the
process by which orders may be routed to PAR. Proposed Rule 6.12A(b)
would describe the order handling process on PAR, including the
functionalities that may be achieved using a PAR workstation. Proposed
Rule 6.12A(c) would describe the order types that may be handled on
PAR. Proposed Rule 6.12A(d) would establish the controlling nature of
the Rule with respect to previously issued Regulatory

Circulars concerning PAR and its functionality. Each of these sections
and the introductory paragraph of the proposed Rule are described in
greater detail below.
---------------------------------------------------------------------------

    \12\ The Hybrid 3.0 Platform is an electronic trading platform
on the Hybrid Trading System that allows one or more quoters to
submit electronic quotes which represent the aggregate Market-Maker
quoting interest in a series for the trading crowd. Standard SPX
options contracts are traded on the Hybrid 3.0 Platform. The Hybrid
Trading System refers to the Exchange's trading platform that allows
automatic executions to occur electronically and open outcry trades
to occur on the floor of the Exchange. To operate in this ``hybrid''
environment, the Exchange has a dynamic order handling system that
has the capability to route orders to the trade engine for automatic
execution and book entry, to Trading Permit Holder and PAR Official
workstations located in the trading crowds for manual handling, and/
or to other order management terminals generally located in booths
on the trading floor for manual handling.
---------------------------------------------------------------------------

    The Exchange proposes to adopt an introductory paragraph to Rule
6.12A that would generally describe order handling and processing on
PAR and PAR workstation functionality. Under the proposed introductory
paragraph to Rule 6.12A, PAR would be described as an Exchange-provided
order management tool for use on the Exchange's trading floor by
Trading Permit Holders or PAR Officials. The introductory paragraph
would also describe the order routing process to PAR, explaining that
the OHS allows for orders to be routed to and from a PAR workstation in
accordance with Exchange and TPH routing parameters and as set forth in
the Rules.\13\
---------------------------------------------------------------------------

    \13\ As stated above, various rules reference PAR and Exchange
routing parameters for orders handled on PAR including, but not
limited to Rules 6.2B(a), Rule 6.13(b), Rule 6.53; and Rules
6.53C(c) and 6.53C(d). See supra, note 4. The proposed rule change
is consistent with Rules and the current authority of the Exchange
under the Rules.
---------------------------------------------------------------------------

    Proposed Rule 6.12A(a) would reflect the process by which eligible
orders will route to PAR. Where an order is routed for processing
depends on various parameters configured by the Exchange and the TPH.
TPHs are afforded discretion in where they route orders and may route
orders onto various order management tools available on the Exchange
according to preset or order- specific routing parameters. Depending on
the order routing parameters, certain orders may route to PAR. For
example, a TPH may or the Exchange may set default auto-execution
``drill-through'' protection limits in the Hybrid Trading System such
that any order that exceeds a limit will be routed to PAR on the floor
of the Exchange. These parameters may be used, to limit ``drill-
throughs'' or protect against extreme and potentially erroneous limit
prices as part of the Exchange's risk controls. TPHs may also customize
routing instructions to route certain orders to PAR for more detailed
handling. Thus, the OHS provides TPHs with some flexibility in
determining how best to process their orders on the Hybrid Trading
System. The Exchange believes that the use of routing parameters
supports TPHs' various trading strategies, mitigates order handling and
processing risks, assists the Exchange in attracting order flow and
liquidity, and promotes the maintenance of a fair and orderly market.
The Exchange views the use of routing parameters as an important tool
to assist TPHs efficiently manage, process, and execute orders in the
``hybrid'' trading environment.
    The discretion to set order routing parameters to route an order to
a preferred order management tool on the floor of the Exchange,
including PAR, is codified throughout the Rules.\14\ For example, under
Rule 6.13(b)(i)(B), orders that are not eligible for automatic
execution will route on a class-by-class basis to PAR or, at the order
entry firm's discretion, to the order entry firm's booth or OMT.
Similarly, under Rule 6.53C(e), complex orders that are marketable, but
would executed at a price that is not within an acceptable percentage
distance from the derived net price of the individual leg series that
existed at the start of a Complex Order Auction (``COA'') will route on
a class-by-class basis to PAR, or, at the order entry firm's
discretion, to the order entry firm's booth. Accordingly, proposed Rule
6.12A(a) is modeled to reflect the discretion afforded to TPHs under
the Rules with routing orders to PAR according to an order's terms and
Exchange order routing parameters.
---------------------------------------------------------------------------

    \14\ See supra, notes 4 and 13.
---------------------------------------------------------------------------

    In addition to TPH order routing parameters, the Exchange sets
certain order eligibility requirements for orders routing to PAR. For
example, reserve orders (which are limit orders that have both a
displayed size as well as an additional non-displayed size amount) are
currently not eligible to route to PAR. Accordingly, the Exchange's
proposal is modeled to reflect the fact that only eligible orders will
be accepted on PAR. Under proposed Rule 6.12A(a) only ``eligible''
orders will be routed to PAR.
    Proposed paragraph 6.12A(b) would describe the substantive aspects
of PAR functionality, which include: Routing an order for electronic
processing; executing an order; booking an order; routing an order to
an away exchange; and cancelling an order. Proposed Rule 6.12A(b)(i),
would provide that orders may be submitted into the Hybrid System
(including for execution against quotes and orders resting in the
electronic book and exposure to appropriate electronic auctions
including auctions pursuant to Rules 6.13A, 6.14A, 6.53C, 6.74B, and
24B.5B).
    PAR workstations are capable of handling both single-legged
(``simple'') and multi-legged (``complex'') options orders, including
those with a stock leg. Simple orders on PAR that are marketable may be
automatically routed to the electronic book to trade with quotes or
orders in the book or may be manually executed in open outcry in
accordance with preset PAR user parameters and the order's terms. Upon
partial execution of an order on PAR, any remaining balance of an order
that was previously on PAR may be returned to PAR or booked, provided
it does not lock or cross a quote of another exchange. Similarly,
complex orders on PAR that are marketable may automatically initiate an
electronic auction or trade against orders in the Complex Order Book
(``COB'') or with quotes of the individual leg series or may be
manually executed in open outcry after the COB is cleared in accordance
with preset user parameters and the order's terms. The automatic
routing functions available on PAR are reflected in the language of
proposed Rule 6.12A(b), which provides orders on PAR shall be processed
in accordance with the automatic settings established by the user and
the order's terms.
    Proposed Rule 6.12A(b)(i) would also reference the auction
functions that may be performed on PAR. Eligible simple and complex
orders routed to PAR in classes where electronic auction functionality
is active may also be auctioned from PAR. The proposed rule would
reference the auction functions available on the Hybrid Trading System
under Rules 6.13A, 6.14A, 6.53C(d), 6.74B, and 24B.5B reflecting the
fact that orders on PAR may be submitted for auction pursuant to
routing parameter configurations and specific order handling
instructions. Orders auctioned from PAR, which do not fully execute at
the conclusion of the auction process, may be returned to PAR or booked
in accordance with order routing parameters and order handling
instructions as permitted under the Rules.\15\
---------------------------------------------------------------------------

    \15\ See, e.g., Rule 6.53C(d).
---------------------------------------------------------------------------

    Proposed Rule 6.12A(b)(ii) would provide for the execution of
orders on PAR in open outcry, including against other orders on PAR and
with other TPHs or PAR Officials in accordance with Rule 6.74 (Crossing
Orders). Both simple and complex orders on PAR may be crossed with
other orders on PAR by PAR users, including by PAR Officials. Proposed
Rule 6.12A(b)(ii) would describe the process by which orders may be
crossed on PAR in open outcry, including by PAR Officials, after being
verbalized to the crowd. Orders that may be crossed on PAR include, but
are not limited to buy and sell orders in the same options series that
are marketable against each other and complex orders and inter-
regulator spreads (as defined in Rule 1.1).
    As provided in proposed Rule 6.12A(b)(iii), PAR workstations also

allow users to route orders to an OMT designated by the TPH that
entered the order or otherwise return the order to the TPH or order
entry firm. Proposed Rule 6.12A(b)(iii) is a reflection of current
rules which permit PAR users to route orders to a designated OMT or
otherwise return an order to its originator. Under proposed Rule
6.12A(b)(iv), orders on PAR may also be routed to an away market for
best execution in accordance with order protection rules under the
Federal Securities Laws and the Rules including, but not limited to
Rules 6.81 \16\ and 7.12(b)(ii).\17\
---------------------------------------------------------------------------

    \16\ Rule 6.81 (Order Protection) forbids TPHs from effecting
Trade-Throughs except as prescribed under Rule 6.81(b).
    \17\ Rule 7.12(b)(ii) (Execution) provides that a ``PAR Official
shall use due diligence to execute the orders placed in the PAR
Official's custody at the best prices available to him or her under
the Rules of the Exchange.''
---------------------------------------------------------------------------

    Proposed Rule 6.12A(b)(v) describes the display functionality of a
PAR workstation. CBOE PAR Officials may reflect bids and offers for
orders, or portions of orders, in Hybrid 3.0 classes in the displayed
CBOE BBO using the ``PAR in the Quote'' feature. Currently, there are
no CBOE PAR Officials on the trading floor in Hybrid 3.0 trading
crowds. Accordingly, PAR allows the user to reflect the price and/or
quantity related to an order or portion of an order in the displayed
Exchange BBO in classes of options on the Hybrid 3.0 Platform. This
functionality allows PAR users to protect customer orders at specified
price points while not displaying the full size of such orders
(oftentimes customers may not want the full size of an order reflected
in the quote). Proposed Rule 6.12A(b)(vi) would provide that unexecuted
orders resting on PAR may be cancelled. All un-executed orders on PAR
may be cancelled upon receipt of a cancel request from the order entry
TPH or as prescribed in the routing parameters of the Exchange or order
entry TPH.
    Proposed Rule 6.12A(c) would codify the ability of the Exchange to
designate order types eligible to route to PAR and describe the types
of orders that the Exchange may designate as eligible. Under the
Exchange's proposal, the Exchange would have the ability to designate
any order type that it makes available to TPHs pursuant to Rule 6.53
eligible to route to PAR. Current Rule 6.53 describes and defines the
order types that may be made available for trading on a class-by-class
basis by the Exchange. Under the Exchange's proposal, all order types
specified in Rule 6.53 would be eligible to route to PAR, except that
the order types defined in Rules 6.53(h), 6.53(o)-(r), and 6.53(t)-(v)
would not be eligible to be routed to PAR. Proposed Rule 6.12A(c) is
consistent with the current practices and Rules of the Exchange in that
all of the order types listed in Rule 6.53 other that those listed in
Rules 6.53(h), 6.53(o)-(r), and 6.53(t)-(v) are currently eligible to
be routed to PAR. PAR is a technology that supports the processing of
order types authorized for trading on the Exchange under Rule 6.53.
Accordingly, the Exchange may make future enhancements that would
permit other order types to be processed on PAR or technological issues
may prevent the Exchange from processing certain order types on PAR at
any given time. Proposed Rule 6.12A(c) reflects the fluidity of the PAR
technology as well as the fact that PAR is an order handling tool,
which only gives TPHs the ability to process orders pursuant to the
Rules.
    Finally, under proposed Rule 6.12A(d) to the extent that any
provision(s) of the proposed rule conflicts with any provision of any
Regulatory Circular previously issued by the Exchange regarding the
operation or functionality of PAR, the proposed rule would supersedes
the limited conflicting provisions of any such Regulatory Circular. PAR
has been in use for approximately a decade on the Exchange. Over the
years, PAR has been enhanced and reconfigured and changed to reflect
updates and changes in the Rules. Numerous Regulatory Circulars
contemplate the use of PAR by DPMs rather than PAR Officials.\18\ Other
Regulatory Circulars reflect old Linkage rules no longer in effect
under the new Order Protection rules.\19\ Accordingly, to the extent
that any provisions of any Regulatory Circular are in conflict with the
proposed rule, such provisions would be superseded by the rule.
---------------------------------------------------------------------------

    \18\ See, e.g., Regulatory Circular RG04-68 (Routing of
Discretionary Orders to DPM PAR Workstations) (June 4, 2004).
    \19\ See, e.g., Regulatory Circular RG03-29 (Market Linkage
Implementation II) (April 17, 2003).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\20\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \21\ requirements that the rules
of an 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 regulating,
clearing, settling, processing information with respect to, and
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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \22\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ Id.
---------------------------------------------------------------------------

    The Exchange views PAR as an important tool that allows TPHs on the
trading floor of the Exchange to manage and process orders. The
Exchange believes that the adoption of rules regarding the
functionality of PAR will contribute to fair and orderly markets by
making the Exchange's order handling processes more transparent and
understandable for users. The proposed rules are intended to assist
TPHs and order entry firms in their ability to efficiently manage,
process, and execute orders on the Exchange as well as assist the
Exchange in its ability to effectively attract order flow and liquidity
to the market. The Exchange also believes that adding transparency and
efficiency to the market are goals that benefit all investors. The
Exchange believes that the proposed would further these goals, which
the Exchange believes are consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
proposed Rule 6.12A will promote competition by making the
functionality of the Exchange's order processing workstations more
understandable to users and the general public. The Exchange believes
that by better explaining its order management and order handling
systems to PAR users and TPHs, PAR users and TPHs will better
understand the Exchange's systems. The Exchange believes that
additional clarity and transparency in the Rules will make it easier
for market participants to compete with one another on equal footing in
the markets and ultimately benefits all investors.

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

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

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \23\ and
Rule 19b-4(f)(6) \24\ 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-CBOE-2014-081 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-CBOE-2014-081. 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 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; 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-CBOE-2014-081, and should be
submitted on or before November 24, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-26010 Filed 10-31-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Pages 38688-38689]
[FR Doc No: 2018-16817]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC18-125-000.
    Applicants: RE Rosamond One LLC, RE Rosamond Two LLC, CS HoldCo 1
LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of RE Rosamond One LLC, et. al.
    Filed Date: 7/26/18.
    Accession Number: 20180726-5215.
    Comments Due: 5 p.m. ET 8/16/18.

    Docket Numbers: EC18-126-000.
    Applicants: Minco Wind III, LLC, Minco IV & V Interconnection, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Minco Wind III, LLC, et. al.
    Filed Date: 7/26/18.
    Accession Number: 20180726-5220.
    Comments Due: 5 p.m. ET 8/16/18.

    Docket Numbers: EC18-127-000.
    Applicants: RE McKenzie 1 LLC, RE McKenzie 2 LLC, RE McKenzie 3
LLC, RE McKenzie 4 LLC, RE McKenzie 5 LLC, RE McKenzie 6 LLC, CS HoldCo
1 LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of McKenzie 1 LLC, et. al.
    Filed Date: 7/26/18.
    Accession Number: 20180726-5223.
    Comments Due: 5 p.m. ET 8/16/18.

    Docket Numbers: EC18-128-000.
    Applicants: Llano Estacado Wind, LLC, Mitsubishi Heavy Industries
America, Inc.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Llano Estacado Wind, LLC, et. al.
    Filed Date: 7/26/18.
    Accession Number: 20180726-5227.
    Comments Due: 5 p.m. ET 8/16/18.

    Docket Numbers: EC18-129-000.
    Applicants: Noble Great Plains Windpark, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Noble Great Plains Windpark, LLC.
    Filed Date: 7/26/18.
    Accession Number: 20180726-5229.
    Comments Due: 5 p.m. ET 8/16/18.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-112-000.
    Applicants: Enel Green Power North America, Inc.
    Description: Self-Certification of EG or FC of Enel Green Power
Hilltopper Wind LLC, a subsidiary of Enel Green Power North America,
Inc.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5130.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: EG18-113-000.
    Applicants: Enel Green Power North America, Inc.
    Description: Self-Certification of EG Enel Green Power Rattlesnake
Creek Wind Project, LLC a subsidiary of Enel Green Power North America,
Inc.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5131.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: EG18-114-000.
    Applicants: Enel Green Power North America, Inc.
    Description: Self-Certification of EG of Enel Green Power Diamond
Vista Wind Project, LLC, a subsidiary of Enel Green Power North
America, Inc.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5132.
    Comments Due: 5 p.m. ET 8/17/18.

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

    Docket Numbers: ER18-1636-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2018-07-27_Deficiency response to
Align PRA and Attachment Y Process to be effective 7/16/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5141.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2070-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-07-26_Address Change
Clean- Up Filing to be effective 7/27/2018.
    Filed Date: 7/26/18.
    Accession Number: 20180726-5188.
    Comments Due: 5 p.m. ET 8/16/18.

    Docket Numbers: ER18-2071-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Tariff Cancellation: Niagara Mohawk cancellation re:
interconnection agreement Village of Ilion to be effective 9/26/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5002.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2072-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1875R3 Kansas Electric Power
Cooperative, Inc. NITSA and NOA to be effective 7/31/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5027.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2073-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-07-27_SA 3134 Entergy
Texas-Liberty County Solar Project GIA (J483) to be effective 7/13/
2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5036.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2074-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Pedernales Electric
Cooperative TSA Amend & Restated to be effective 6/1/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5038.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2075-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-07-27_SA 3135 Entergy

Louisiana, LLC-Entergy Louisiana, LLC GIA (J484) to be effective 7/13/
2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5042.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2076-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-07-27_SA 3136 Entergy
Texas, Inc.-Entergy Texas, Inc GIA (J472) to be effective 7/13/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5043.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2077-000.
    Applicants: Rock River I, LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Change in Status
and Change in Category Seller Status to be effective 7/28/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5044.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2078-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Sec.  205(d) Rate Filing: ISO-NE and NEPOOL; Revisions
to the Rationing Limit to be effective 9/25/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5101.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2079-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Tariff Cancellation: EAI-ESI Reimbursement Agreement
to be effective 8/1/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5111.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2080-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Tariff Cancellation: ELL-ESI Reimbursement Agreement
to be effective 8/1/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5114.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2081-000.
    Applicants: Entergy Mississippi, Inc.
    Description: Tariff Cancellation: EMI-ESI Reimbursement Agreement
to be effective 8/1/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5121.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2082-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-NC BioGas, LLC ASOA (SA-
496) to be effective 9/26/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5122.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2083-000.
    Applicants: Entergy New Orleans, Inc.
    Description: Tariff Cancellation: ENO-ESI Reimbursement Agreement
to be effective 8/1/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5123.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2084-000.
    Applicants: Entergy Texas, Inc.
    Description: Tariff Cancellation: ETI-ESI Reimbursement Agreement
to be effective 8/1/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5125.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2085-000.
    Applicants: Cambria CoGen Company.
    Description: Baseline eTariff Filing: Cambria CoGen Reactive Supply
Service Tariff Filing to be effective 9/1/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5154.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2086-000.
    Applicants: 64KT 8me LLC.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
to Co-Tenancy and Shared Facilities Agreement to be effective 7/28/
2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5155.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2087-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Filing of CIAC Agreement to
be effective 7/30/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5156.
    Comments Due: 5 p.m. ET 8/17/18.

    Docket Numbers: ER18-2088-000.
    Applicants: 64KT 8me LLC.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
to LGIA Co-Tenancy Agreement to be effective 7/28/2018.
    Filed Date: 7/27/18.
    Accession Number: 20180727-5157.
    Comments Due: 5 p.m. ET 8/17/18.

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

    Dated: July 27, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16817 Filed 8-6-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29804-29806]
[FR Doc No: 2019-13475]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0212]
RIN 1625-AA00

Safety Zone; Tall Ships Challenge Great Lakes 2019, Buffalo, NY,
Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha,
WI and Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is creating safety zones around each tall ship
visiting the Great Lakes during the Tall Ships Challenge 2019 race
series. These safety zones will provide for the regulation of vessel
traffic in the vicinity of each tall ship in the navigable waters of
the United States. The Coast Guard is taking this action to safeguard
participants and spectators from the hazards associated with the
limited maneuverability of these tall ships and to ensure public safety
during tall ships events.

DATES: This rule is effective from 12:01 a.m. on June 28, 2019, through
12:01 a.m. on September 2, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0212 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jason Radcliffe, 9th District Waterways Management,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Information and Regulatory History

    During the Tall Ships Challenge Great Lakes 2019, tall ships will
be participating in maritime parades, training cruises, races, and
mooring in the harbors of Buffalo, NY, Cleveland, OH, Bay City, MI,
Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA. Tall ships
are large, traditionally-rigged sailing vessels. The event will consist
of festivals at each port of call, sail training cruises, tall ship
parades, and races between the ports. More information regarding the
Tall Ships Challenge 2019 and the participating vessels can be found
at: https://tallshipsnetwork.com/series/tall-ships-challenge-great-lakes-2019/.
    In response, on 13 May 2019, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Tall Ships Challenge Great Lakes 2019
[84 FR 20825]. There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action. During the comment period
that ended 12 June 2019, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is necessary
to respond to the safety hazards associated with the imminent arrival
of the Tall Ships fleet.
    At 12:01 a.m. June 28, 2019, a safety zone will be established
around each tall ship participating in this event. The safety zone
around each ship will remain in effect as the tall ships travel
throughout the Great Lakes. The safety zones will terminate at 12:01
a.m. on September 2, 2019.
    These safety zones are necessary to protect the tall ships from
potential harm and to protect the public from the hazards associated
with the limited maneuverability of tall sailing ships. When operating
under sail, they require a substantial crew to manually turn the rudder
and adjust the sails, therefore

they cannot react as quickly as modern ships. Additionally, during
parades of sail, the tall ships will be following a set course through
a crowded harbor, and it is imperative that spectator craft stay clear
since maneuvering the tall ships to avoid large crowds of spectator
craft would not be possible. Due to the high profile nature and
extensive publicity associated with this event, each Captain of the
Port (COTP) expects a large number of spectators in confined areas
adjacent to the tall ships. The combination of large numbers of
recreational boaters, congested waterways, boaters crossing
commercially transited waterways and low maneuverability of the tall
ships could easily result in serious injuries or fatalities. Therefore,
the Coast Guard will enforce a safety zone around each ship to ensure
the safety of both participants and spectators in these areas. The
Coast Guard is making this rulemaking under authority in 46 U.S.C.
70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of
Homeland Security Delegation No. 0170.1.

III. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 13
May 2019. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. The Coast Guard will establish safety
zones from 12:01 a.m. on June 28, 2019 until 12:01 a.m. on September 2,
2019. The safety zones will cover all navigable waters within 100 yards
of a tall ship in the Great Lakes. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters during the
2019 Tall Ships Challenge. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. If the tall ships are operating in a
confined area such as a small harbor and there is not adequate room for
vessels to stay out of the safety zone because of a lack of navigable
water, then vessels will be permitted to operate within the safety zone
and shall travel at the minimum speed necessary to maintain a safe
course. The navigation rules shall apply at all times within the safety
zone. The regulatory text appears at the end of this document.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone or through it
at slow speed in congested areas. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,

we do discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting more than one
week. Normally such actions are categorically excluded from further
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
0170.1.2.

0
2. Add Sec.  165.T09-0073 to read as follows:

Sec.  165.T09-0073  Safety Zone; Tall Ships Challenge Great Lakes 2019;
Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay,
WI, Kenosha, WI and Erie, PA.

    (a) Definitions. The following definitions apply to this section:
    (1) Navigation rules means the Navigation Rules, International and
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
    (2) Official patrol means those persons designated by Captain of
the Port Buffalo, Detroit, Sault Ste. Marie, Duluth and Lake Michigan
to monitor a tall ship safety zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zone, and
take other actions authorized by the cognizant Captain of the Port.
    (3) Public vessel means vessels owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
    (4) Tall ship means any sailing vessel participating in the Tall
Ships Challenge 2019 in the Great Lakes.
    (b) Location. The following areas are safety zones: All navigable
waters of the United States located in the Ninth Coast Guard District
within a 100 yard radius of any tall ship.
    (c) Regulations. (1) No person or vessel is allowed within the
safety zone unless authorized by the cognizant Captain of the Port,
their designated representative, or the on-scene official patrol.
    (2) Persons or vessels operating within a confined harbor or
channel, where there is not sufficient navigable water outside of the
safety zone to safely maneuver are allowed to operate within the safety
zone and shall travel at the minimum speed necessary to maintain a safe
course. Vessels operating within the safety zone shall not come within
25 yards of a tall ship unless authorized by the cognizant Captain of
the Port, their designated representative, or the on-scene official
patrol.
    (3) When a tall ship approaches any vessel that is moored or
anchored, the stationary vessel must stay moored or anchored while it
remains within the tall ship's safety zone unless ordered by or given
permission from the cognizant Captain of the Port, their designated
representative, or the on-scene official patrol to do otherwise.
    (d) Effective period. This rule is effective from 12:01 a.m. on
Wednesday, June 28, 2019 through 12:01 a.m. on Monday September 2,
2019.
    (e) Navigation Rules. The Navigation Rules shall apply at all times
within a tall ships safety zone.

    Dated: June 20, 2019.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-13475 Filed 6-24-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)]
[Rules and Regulations]
[Pages 54519-54521]
[FR Doc No: 2018-23693]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 181010930-8930-01]
RIN 0694-AH67

Addition of an Entity to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding one entity to the
Entity List. The entity that is added to the Entity List has been
determined by the U.S. Government to pose a significant risk of
becoming involved in activities contrary to the national security or
foreign policy interests of the United States. This entity will be
listed under the destination of China.

DATES: Effective Date: This rule is effective October 30, 2018.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export

Administration, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, Email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Entity List (15 CFR, Subchapter C, part 744, Supplement No. 4)
identifies entities reasonably believed to be involved, or to pose a
significant risk of being or becoming involved, in activities contrary
to the national security or foreign policy interests of the United
States. The Export Administration Regulations (EAR) (15 CFR, Subchapter
C, parts 730-774) imposes additional license requirements on, and
limits the availability of most license exceptions for, exports,
reexports, and transfers (in-country) to listed entities. The license
review policy for each listed entity is identified in the ``License
review policy'' column on the Entity List, and the impact on the
availability of license exceptions is described in the relevant Federal
Register notice adding entities to the Entity List. BIS places entities
on the Entity List pursuant to part 744 (Control Policy: End-User and
End-Use Based) and part 746 (Embargoes and Other Special Controls) of
the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
all decisions to remove or modify an entry by unanimous vote.

ERC Entity List Decision

Addition to the Entity List

    Under Sec.  744.11(b) (Criteria for revising the Entity List) of
the EAR, persons for whom there is reasonable cause to believe, based
on specific and articulable facts, have been involved, are involved, or
pose a significant risk of being or becoming involved in, activities
that are contrary to the national security or foreign policy interests
of the United States, and those acting on behalf of such persons, may
be added to the Entity List.
    Pursuant to 744.11(b) of the EAR, the ERC determined that Fujian
Jinhua Integrated Circuit Company poses a significant risk of becoming
involved in activities that could have a negative impact on the
national security interests of the United States. The ERC determined
that the conduct of this entity raises sufficient concern that prior
review of exports, reexports, or transfers (in-country) of items
subject to the EAR involving this entity, and the possible imposition
of license conditions or license denials on shipments to the entity,
will enhance BIS's ability to prevent activities contrary to the
national security interests of the United States.
    For the one entity added to the Entity List in this final rule, BIS
imposes a license requirement for all items subject to the EAR and a
license review policy of presumption of denial. In addition, no license
exceptions are available for exports, reexports, or transfers (in-
country) to the person being added to the Entity List in this rule. The
acronym ``a.k.a.'' (also known as) is used in entries on the Entity
List to identify aliases, thereby assisting exporters, reexporters and
transferors in identifying entities on the Entity List.
    This final rule adds the following entity to the Entity List:

China

    (1) Fujian Jinhua Integrated Circuit Company, Ltd., a.k.a., the
following one alias: -JHICC.
    Sanchuang Park, Century Avenue, Jinjiang City, Fujian Province,
China.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export or reexport, on October 30, 2018, pursuant to actual orders for
export or reexport to a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export or reexport without a license (NLR).

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (Title XVII,
Subtitle B of Pub. L. 115-232), which provides the legal basis for
BIS's principal authorities and serves as the authority under which BIS
issues this rule. As set forth in section 1768 of ECRA, all
delegations, rules, regulations, orders, determinations, licenses, or
other forms of administrative action that have been made, issued,
conducted, or allowed to become effective under the Export
Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect prior
to August 13, 2018, and as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
and Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783
(2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR
16129 (March 13, 2013), and as extended by the Notice of August 8,
2018, 83 FR 39871 (August 13, 2018)), or the Export Administration
Regulations, and are in effect as of August 13, 2018, shall continue in
effect according to their terms until modified, superseded, set aside,
or revoked under the authority of ECRA.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications, and carries a burden estimate of
43.8 minutes for a manual or electronic submission.
    Total burden hours associated with the PRA and OMB control number
0694-0088 are not expected to increase as a result of this rule. You
may send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to
[email protected], or by fax to<PHONE_NUMBER>.

    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (Title XVII, Subtitle B of Pub. L. 115-232), which was included in
the John S. McCain National Defense Authorization Act for Fiscal Year
2019, this action is exempt from the Administrative Procedure Act (APA)
(5 U.S.C. 553) requirements for notice of proposed rulemaking,
opportunity for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by the APA or
any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority: Pub. L. 115-232, Title XVII, Subtitle B. 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42
U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR,
1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2017, 82 FR 43825 (September 19, 2017); Notice of
November 6, 2017, 82 FR 51971 (November 8, 2017); Notice of January
17, 2018, 83 FR 2731 (January 18, 2018); Notice of August 8, 2018,
83 FR 39871 (August 13, 2018).

0
 2. Supplement No. 4 to part 744 is amended by adding in alphabetical
order, under CHINA, PEOPLE'S REPUBLIC OF, one Chinese entity, ``Fujian
Jinhua Integrated Circuit Company, Ltd.'' to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                            License         License review     Federal Register
             Country                    Entity            requirement           policy             citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S REPUBLIC OF.....                                    * * * * * *
                                  Fujian Jinhua       For all items       Presumption of      83 FR [INSERT FR
                                   Integrated          subject to the      denial.             PAGE NUMBER] 10/
                                   Circuit Company,    EAR. (See Sec.                          30/2018.
                                   Ltd., a.k.a., the   744.11 of the
                                   following one       EAR).
                                   alias: -JHICC.
                                  Sanchuang Park,
                                   Century Avenue,
                                   Jinjiang City,
                                   Fujian Province,
                                   China.
                                                                    * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: October 25, 2018.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2018-23693 Filed 10-29-18; 8:45 am]
 BILLING CODE 3510-33-P