[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Notices]
[Page 43588-43589]
[DOCID:fr26jy10-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62533; File No. SR-FINRA-2010-028]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving a Proposed Rule Change, as Modified by
Amendment No. 1, To Adopt NASD Rule 3210 (Short Sale Delivery
Requirements) as FINRA Rule 4320 in the Consolidated FINRA Rulebook

July 20, 2010.
    On May 21, 2010, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt NASD Rule 3210 as FINRA Rule 4320 in the
consolidated FINRA rulebook. On June 11, 2010, FINRA filed Amendment
No. 1 to the proposed rule change.\3\ The proposed rule change, as
modified by Amendment No. 1, was published for comment in the Federal
Register on June 17, 2010.\4\ The Commission received no comments on
the proposal. This order approves the proposed rule change, as modified
by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 was a partial amendment that made minor
clarifications, provided additional detail and made technical edits
to the purpose section of the proposed rule change.
    \4\ See Securities Exchange Act Release No. 62288 (Jun. 11,
2010), 75 FR 34496 (Jun. 17, 2010).
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I. Description of the Proposed Rule Change

    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''),\5\

FINRA has proposed to adopt NASD Rule 3210 (Short Sale Delivery
Requirements), with minor changes, as FINRA Rule 4320 in the
Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

    \5\ FINRA stated that the current FINRA rulebook consists of (1)
FINRA Rules; (2) NASD Rules; and (3) rules incorporated from NYSE
(``Incorporated NYSE Rules'') (together, the NASD Rules and
Incorporated NYSE Rules are referred to as the ``Transitional
Rulebook''). While the NASD Rules generally apply to all FINRA
members, the Incorporated NYSE Rules apply only to those members of
FINRA that are also members of the NYSE (``Dual Members''). FINRA
also stated that FINRA Rules apply to all FINRA members, unless such
rules have a more limited application by their terms. For more
information about the rulebook consolidation process, see
Information Notice, March 12, 2008 (Rulebook Consolidation Process).
---------------------------------------------------------------------------

    On April 4, 2006, the SEC approved NASD Rule 3210, which applies
short sale delivery requirements to those equity securities not
otherwise covered by the close-out requirements of Regulation SHO. The
Regulation SHO close-out requirements apply only to the equity
securities of ``reporting'' issuers (i.e., issuers that are registered
pursuant to Section 12 of the Act \6\ or that are required to file
reports pursuant to Section 15(d) of the Act \7\).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78l.
    \7\ 15 U.S.C. 78o(d).
---------------------------------------------------------------------------

    NASD Rule 3210, among other things, requires participants of
registered clearing agencies to take action on failures to deliver that
exist for 13 consecutive settlement days in certain non-reporting
securities. In addition, if the fail to deliver position is not closed
out in the requisite time period, a participant of a registered
clearing agency or any broker-dealer for which it clears transactions
is prohibited from effecting further short sales in the particular
specified security without borrowing, or entering into a bona fide
arrangement to borrow, the security until the fail to deliver position
is closed out. Pursuant to NASD Rule 3210, FINRA publishes a daily
``Threshold Security List.'' \8\ The rule became effective on July 3,
2006. In adopting NASD Rule 3210, FINRA believed that the rule
represented an important step in reducing long-term fails to deliver in
this sector of the marketplace.
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    \8\ FINRA stated that, for purposes of Rule 3210, a non-
reporting threshold security is any equity security that is not a
reporting security and, for five consecutive settlement days, has:
(1) Aggregate fails to deliver at a registered clearing agency of
10,000 shares or more; and (2) a reported last sale during normal
market hours (9:30 a.m. to 4 p.m., Eastern Time (ET)) for the
security on that settlement day that would value the aggregate fail
to deliver position at $50,000 or more.
---------------------------------------------------------------------------

    In July 2009, the SEC adopted the substance of temporary Rule 204T
\9\ under Regulation SHO as a permanent rule, Rule 204 of Regulation
SHO.\10\ This rule is intended to further the goal of reducing fails to
deliver and addressing potentially abusive ``naked'' short selling in
all equity securities by requiring that, subject to certain limited
exceptions, if a registered clearing agency participant has a fail to
deliver position resulting from a short sale at a registered clearing
agency it must immediately purchase or borrow securities to close out a
fail to deliver position by no later than the beginning of regular
trading hours on the settlement day following settlement date.\11\
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    \9\ See Securities Exchange Act Release No. 58785 (Oct. 14,
2008), 73 FR 61678 (Oct. 17, 2008).
    \10\ See Securities Exchange Act Release No. 60388 (July 27,
2009), 74 FR 38266 (July 31, 2009).
    \11\ Rule 204 of Regulation SHO further provides that fails to
deliver resulting from long sales or certain bona fide market making
activity must be closed out by no later than the beginning of
regular trading hours on the third settlement day after settlement
date (i.e., T+6).
---------------------------------------------------------------------------

    Notwithstanding the SEC's adoption of this new rule, FINRA believes
proposed FINRA Rule 4320 continues to be necessary to provide
regulatory coverage for fails to deliver in non-reporting over-the-
counter equity securities that pre-exist the SEC's implementation of
temporary Rule 204T in September 2008.\12\
---------------------------------------------------------------------------

    \12\ Likewise, the SEC is retaining Rule 203(b)(3) of Regulation
SHO in order to cover pre-existing temporary Rule 204T fails in
threshold securities as defined in Rule 203(c)(6) of Regulation SHO.
---------------------------------------------------------------------------

    Therefore, FINRA has proposed to adopt NASD Rule 3210 as FINRA Rule
4320 with minor changes to delete language that provided allowances for
``grandfathered'' securities during the initial implementation period
of NASD Rule 3210 and that, therefore, is no longer relevant. The
proposed rule change also clarifies, consistent with Regulation SHO,
the borrowing requirements for clearing agency participants, including
broker-dealers for which they clear transactions, that sell short non-
reporting threshold securities for which a fail to deliver position has
not been closed out in the requisite time. Specifically, if a fail to
deliver position is not closed out in accordance with Rule 4320(a), the
clearing agency participant and any broker-dealer for which it clears,
including market makers otherwise entitled to rely on the Rule
203(b)(2)(iii) exception of Regulation SHO, would not be able to short
sell the non-reporting threshold security either for itself or for the
account of another, unless it has previously arranged to borrow or
borrowed the security, until the participant closes out the fail to
deliver position by purchasing securities of like kind and quantity and
that purchase has cleared and settled at a registered clearing agency.
In addition, the proposed rule change makes certain technical
amendments to the rule, including changing references to ``NASD'' to
``FINRA.''
    FINRA has represented that it will announce the implementation date
of the proposed rule change in a Regulatory Notice to be published no
later than 90 days following Commission approval. The implementation
date will be no more than 180 days following Commission approval.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act, and the rules and regulations thereunder that
are applicable to a national securities association.\13\ In particular,
the Commission believes that the proposed rule change is consistent
with the provisions of Section 15A(b)(6) of the Act, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, 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. The Commission believes that the proposed rule change to
adopt NASD Rule 3210 as FINRA Rule 4320 in the Consolidated FINRA
Rulebook continues to be necessary to provide regulatory coverage for
fails to deliver in non-reporting over-the-counter equity securities
and will continue to help reduce long-term fails to deliver in this
sector of the marketplace.
---------------------------------------------------------------------------

    \13\ In approving the proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (File No. SR-FINRA-2010-028), as
modified by Amendment No. 1, be and hereby is approved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18168 Filed 7-23-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Notices]
[Page 60079]
[FR Doc No: 2019-24319]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2837-033]

Notice of Availability of Environmental Assessment: Erie
Boulevard Hydropower, LP

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for license for the Granby Hydroelectric
Project, located on the Oswego River, in the town of Fulton, in Oswego
County, New York, and has prepared an Environmental Assessment (EA) for
the project. The project occupies no federal land.
    The EA contains Commission staff's analysis of the potential
environmental effects of the project. The EA concludes that licensing
the project, with appropriate environmental protective measures, would
not constitute a major federal action that would significantly affect
the quality of the human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's website at
http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits in the docket number field, to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs- filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, please send a paper copy to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426. The
first page of any filing should include docket number P-2837-033.
    For further information, contact Allyson Conner at<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>
    Dated: November 1, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-24319 Filed 11-6-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54104-54106]
[FR Doc No: 2021-21047]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0676; FRL-8968-02-R4]

Air Plan Approval; South Carolina; Updates to Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of South
Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC), on April 24, 2020. The SIP revision
approves a non-substantive formatting change and the removal of an
outdated sentence regarding test methods for gaseous fluorides from
South Carolina's ambient air quality standards regulation. EPA is
finalizing approval of these changes pursuant to the Clean Air Act (CAA
or Act) and implementing federal regulations.

DATES: This rule is effective November 1, 2021.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0676. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Through a letter dated April 24, 2020, SC DHEC requested approval
of two changes to South Carolina's SIP-approved Regulation 61-62.5,
Standard No. 2--Ambient Air Quality Standards. First, SC DHEC updates
the formatting of references to the Code of Federal Regulations (CFR)
by adding the word ``Part'' to CFR references in this regulation. This
is a non-substantive, ministerial change. Second, SC DHEC removes a
sentence referencing test methods for gaseous fluorides from this
regulation.
    On June 29, 2017 (82 FR 29414), EPA approved the removal of
standards applicable to gaseous fluorides (as hydrogen flouride) from
South Carolina's SIP-approved Regulation 61-62.5, Standard No. 2--
Ambient Air Quality Standards. However, EPA's June 29, 2017, action did
not remove the related language describing testing standards for
gaseous fluorides that was contained in this same regulation.
    In a notice of proposed rulemaking (NPRM) published on May 27, 2021
(86 FR 28519), EPA proposed to approve the aforementioned changes to
the South Carolina SIP. Comments on the May 27, 2021, NPRM were due on
or before June 28, 2021. EPA did not receive any comments on the May
27, 2021 NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of South
Carolina's Regulation 61-62.5, Standard No. 2--Ambient Air Quality
Standards,'' State effective April 24, 2020. EPA has made and will
continue to make these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, the revised materials,
as stated above, have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is finalizing approval of South Carolina's SIP revision to
Regulation 61-62.5, Standard No. 2--Ambient Air Quality Standards, with
a State effective date of April 24, 2020. Through this

final action, EPA is incorporating those revisions into the SIP. EPA
has determined that the April 24, 2020, SIP revision meets the
applicable requirements of sections 110 of the CAA and applicable
regulatory requirements at 40 CFR part 51.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 29, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section CAA section 307(b)(2).
    Because this final rule merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law, this final rule for the State of South
Carolina does not have Tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). Therefore, this action
will not impose substantial direct costs on Tribal governments or
preempt Tribal law.The Catawba Indian Nation (CIN) Reservation is
located within the boundary of York County, South Carolina. Pursuant to
the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120
(Settlement Act), ``all state and local environmental laws and
regulations apply to the [Catawba Indian Nation] and Reservation and
are fully enforceable by all relevant state and local agencies and
authorities.'' The CIN also retains authority to impose regulations
applying higher environmental standards to the Reservation than those
imposed by state law or local governing bodies, in accordance with the
Settlement Act.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: September 22, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart PP--South Carolina

0
2. In Sec.  52.2120, amend the table in paragraph (c) by revising the
entry for ``Standard No. 2'' to read as follows:

Sec.  52.2120   Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved South Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                                State
          State citation                Title/subject      effective date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Standard No. 2....................  Ambient Air Quality         4/24/2020  9/30/2021, [Insert
                                     Standards.                             citation of
                                                                            publication].

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

* * * * *
[FR Doc. 2021-21047 Filed 9-29-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Notices]
[Page 46215-46216]
[DOCID:fr11au06-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[El Paso Natural Gas Company]

Notice of Report Filing

August 7, 2006.
    Take notice that on August 1, 2006, El Paso Natural Gas Company
(EPNG) submitted an ``MDO Report'' that details

the results of its recently completed open bidding process by which
delivery point operators were able to request higher Maximum Daily
Obligations (MDOs) under their related Rate Schedule OPAS agreements.
EPNG requests that the Commission substitute this report for the MDO
Report filed July 24, 2006 in the above listed proceeding.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 15, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-13147 Filed 8-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Notices]
[Pages 9108-9110]
[FR Doc No: 2021-02780]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91067; File No. SR-CBOE-2020-116]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Order
Approving a Proposed Rule Change, as Modified by Amendment No. 1, To
Add Options on the Mini-Russell 2000 Index to Its P.M. Pilot Program

February 5, 2021.

I. Introduction

    On December 18, 2020, Cboe Exchange, Inc. (``Cboe'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to add Mini-Russell 2000 Index (``Mini-RUT'' or
``MRUT'') options to the Exchange's pilot program for P.M. settled
options with third-Friday-of-the-month expiration dates (``Expiration
Friday''). The proposed rule change was published for comment in the
Federal Register on December 29, 2020.\3\ On January 28, 2021, the
Exchange filed Amendment No. 1 to the proposed rule change.\4\ The
Commission received no comment letters on the proposed rule change. The
Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90749 (December 21,
2020), 85 FR 85752 (``Notice'').
    \4\ In Amendment No. 1, the Exchange (i) represented that its
existing surveillance and reporting safeguards in place are adequate
to deter and detect possible manipulative behavior which might arise
from listing and trading P.M.-settled MRUT options and (ii) stated
that the trading of P.M.-settled MRUT options will be subject to
Exchange Rules governing customer accounts, position and exercise
limits, margin requirements and trading halt procedures. Because
Amendment No. 1 to the proposed rule change does not materially
alter the substance of the proposed rule change and makes conforming
and technical changes, Amendment No. 1 is not subject to notice and
comment. Amendment No. 1 is available at: https://www.sec.gov/comments/sr-cboe-2020-116/srcboe2020116-8302266-228358.pdf.
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II. Description of the Proposal, as Modified by Amendment No. 1

    The Exchange is proposing to amend its rules to permit it to list
and trade, on a pilot basis, cash-settled MRUT options with Expiration
Friday expiration dates, for which the exercise settlement value will
be based on the index value derived from the closing prices of the
component securities (``P.M.-settled''). MRUT options are options on
the Mini-RUT Index, the value of which is 1/10th the value of the
Russell 2000 (``RUT'') Index.
    The Exchange proposes to add P.M.-settled MRUT options to the
Exchange's pilot program under Interpretation and Policy .13 to Rule
4.13 that allows the listing of P.M. settled options that expire on
Expiration Friday (``P.M. Pilot Program''). The Exchange notes that the
existing P.M. Pilot Program, which is set to end on May 3, 2021,
includes options on the Mini-SPX Index (``XSP''), the value of which is
1/10th the value of the S&P 500 Index.\5\ Cboe has proposed to add
P.M.-settled MRUT options to that pilot so that the end of the pilot
period for P.M.-settled MRUT options would also be May 3, 2021.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 90263 (October 23,
2020), 85 FR 68611 (October 29, 2020) (CBOE-2020-100). See also
Securities Exchange Act Release No. 70087 (July 31, 2013), 78 FR
47809 (August 6, 2013) (SR-CBOE-2013-055) (``P.M.-settled XSP
Approval Order'').
---------------------------------------------------------------------------

    The Exchange notes that trading in P.M.-settled MRUT options would
operate in the same manner as provided in the proposal to list and
trade Mini-RUT options on the Exchange. That is, P.M.-settled MRUT
options would have the same European-style exercise, same number of
permissible expirations, same exercise interval prices and limitations,
same position and exercise limits, and will trade in the same minimum
price increment.\6\
---------------------------------------------------------------------------

    \6\ See Notice, supra note 3, fn. 3 at 85753. The Exchange
represents that its existing surveillance and reporting safeguards
in place are adequate to deter and detect possible manipulative
behavior which might arise from listing and trading P.M.-settled
MRUT options. See Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    The Exchange proposes to abide by the same reporting requirements
for the trading of P.M.-settled MRUT options that it does for the
trading of P.M.-settled XSP options.\7\ The Exchange proposes to
include data regarding P.M.-settled MRUT options as it does for P.M.-
settled XSP options in the pilot program report that it submits to the
Commission at least two months prior to the expiration date of the P.M.
Pilot Program (the ``annual report'').\8\ Specifically, the Exchange
submits annual reports to the Commission that contain an analysis of
volume, open interest, and trading patterns in connection with products
in the P.M. Pilot Program. The analysis examines trading in products in
the P.M. Pilot Program, as well as trading in the securities that
comprise the underlying index. Additionally, for series that exceed
certain minimum open interest parameters, the annual reports provide
analysis of index price volatility and share trading activity.
---------------------------------------------------------------------------

    \7\ See P.M.-settled XSP Approval Order supra note 4.
    \8\ See P.M.-settled XSP Approval Order, supra note 4.
---------------------------------------------------------------------------

    Going forward, the Exchange would include the same analysis of
P.M.-settled MRUT options, as well as trading in securities that
comprise the RUT Index (as MRUT options are based on 1/10th the value
of the RUT Index), in the annual reports. Also, like it currently does
for P.M.-settled XSP options, the Exchange would submit periodic
interim reports for P.M.-settled MRUT options that contain some, but
not all, of the information contained in the annual reports.
    The pilot reports will both contain the following volume and open
interest data:

    (1) Monthly volume aggregated for all trades;
    (2) monthly volume aggregated by expiration date;
    (3) monthly volume for each individual series;
    (4) month-end open interest aggregated for all series;
    (5) month-end open interest for all series aggregated by expiration
date; and
    (6) month-end open interest for each individual series.
    The annual reports will also contain the information noted in Items
(1) through (6) above for Expiration Friday, A.M.-settled, RUT index
options traded on Cboe, as well as the following analysis of trading
patterns in P.M.-settled MRUT options series in the Pilot Program:
    (1) A time series analysis of open interest; and
    (2) an analysis of the distribution of trade sizes.
    Finally, for series that exceed certain minimum parameters, the
annual reports will contain the following analysis related to index
price changes and underlying share trading volume at the close on
Expiration Fridays:
    (1) A comparison of index price changes at the close of trading on
a given Expiration Friday with comparable price changes from a control
sample. The data includes a calculation of percentage price changes for
various time intervals and compare that information to the respective
control sample. Raw percentage price change data as well as percentage
price change data normalized for prevailing market volatility, as
measured by the Cboe Volatility Index (VIX), is provided; and
    (2) a calculation of share volume for a sample set of the component
securities representing an upper limit on share trading that could be
attributable to expiring in-the-money series. The data includes a
comparison of the calculated share volume for securities in the sample
set to the average daily trading volumes of those securities over a
sample period.
    The minimum open interest parameters, control sample, time
intervals, method for randomly selecting the component securities, and
sample periods are determined by the Exchange and the Commission.
Additionally, the Exchange would provide the Commission with any
additional data or analyses the Commission requests because it deems
such data or analyses necessary to determine whether the P.M. Pilot
Program, including P.M.-settled MRUT options as proposed, is consistent
with the Exchange Act. As it does for current P.M. Pilot products, the
Exchange would make public any data and analyses in connection with
P.M.-settled MRUT options it submits to the Commission under the Pilot
Program.\9\
---------------------------------------------------------------------------

    \9\ P.M. Pilot products data and analyses are made available at
https://www.cboe.com/aboutcboe/legal-regulatory/national-market-system-plans/pm-settlement-spxpm-data.
---------------------------------------------------------------------------

    Further, the Exchange proposes to amend Rule 5.1, which governs
trading days and hours, in conjunction with the proposed addition of
MRUT options to the P.M. Pilot Program. Cboe Rule 5.1(b)(2)(C)
currently provides that on their last trading day, Regular Trading
Hours for P.M.-settled XSP options are between 9:30 a.m. and 4:00 p.m.
Eastern Time (as opposed to the 9:30 a.m. to 4:15 p.m. Regular Trading
Hours for options with those expirations that are non-expiring). The
proposed rule change amends Rule 5.1(b)(2)(C) to apply these time
frames to the trading of P.M.-settled MRUT options on their last
trading day.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority have the necessary systems capacity
to handle any potential additional traffic associated with trading of
P.M.-settled MRUT options.\10\ The Exchange believes that its Trading
Permit Holders will not experience a capacity issue as a result of this
proposal. Cboe represents that it will monitor the trading volume
associated with any possible additional options series listed as a
result of this proposal and the effect (if any) of these additional
series on market fragmentation and on the capacity of the Exchange's
automated systems.\11\
---------------------------------------------------------------------------

    \10\ See Notice supra, note 3 at 85754.
    \11\ See Notice supra, note 3 at 85754.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful consideration of the proposal, the Commission finds
that the proposed rule is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities exchange,\12\ and, in particular, the requirements of
Section 6 of the Act.\13\ Specifically, the Commission finds that the
proposed rule change to allow the Exchange to add P.M.-settled MRUT
options to the P.M. Pilot Program is consistent with Section 6(b)(5) of
the Act,\14\ which requires that an exchange have rules designed to
remove impediments to and perfect the mechanism of a free and open
market and to protect investors and the public interest.
---------------------------------------------------------------------------

    \12\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

    As the Commission noted in its orders approving the listing and
trading of P.M.-settled options on the S&P 500 Index (``SPXPM''), the
Commission has had concerns about the potential adverse effects and
impact of P.M. settlement upon market volatility and the operation of
fair and orderly markets on the underlying cash markets at or near the
close of trading, including for cash-settled derivatives contracts
based on a broad-based index.\15\ The potential impact today remains
unclear, given the significant changes in the closing procedures of the
primary markets in recent decades. The Commission is mindful of the
historical experience with the impact of P.M. settlement of cash-
settled index derivatives on the underlying cash markets, but
recognizes that these risks may be mitigated today by the enhanced
closing procedures that are now in use at the primary equity markets.
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 68888 (February 8,
2013), 78 FR 10668, 10669 (February 14, 2013) (order approving the
listing and trading of SPXPM on CBOE). See also Securities Exchange
Act Release Nos. 64599 (June 3, 2011), 76 FR 33798, 33801-02 (June
9, 2011) (order instituting proceedings to determine whether to
approve or disapprove a proposed rule change to allow the listing
and trading of SPXPM options); and 65256 (September 2, 2011), 76 FR
55969, 55970-76 (September 9, 2011) (order approving proposed rule
change to establish a pilot program to list and trade SPXPM
options).
---------------------------------------------------------------------------

    For the reasons described below, the Commission believes that the
Exchange's proposal to add P.M.-settled MRUT options to the P.M. Pilot
Program is designed to mitigate concerns regarding P.M. settlement and
will provide additional trading opportunities for investors while
providing the Commission with data to monitor the effects of MRUT
options and the impact of P.M. settlement on the markets. To assist the
Commission in assessing any potential impact of a P.M.-settled Mini-RUT
index option on the options market as well as the underlying cash
equities markets, Cboe will be required to submit data to the
Commission in connection with the P.M. Pilot Program. The Commission
believes that Cboe's P.M. Pilot Program, together with the data and
analysis that the Exchange will provide to the Commission, will allow
Cboe and the Commission to monitor for and assess any potential for
adverse market effects of allowing P.M. settlement for Mini-RUT index
options, including on the underlying component stocks. In particular,
the data collected from Cboe's P.M. Pilot Program will help inform the
Commission's consideration of whether the P.M. Pilot

Program should be modified, discontinued, extended, or permanently
approved. Furthermore, the Exchange's ongoing analysis of the P.M.
Pilot Program should help it monitor any potential risks from large
P.M.-settled positions and take appropriate action on a timely basis if
warranted.
    The Exchange represents that it has adequate surveillance
procedures to monitor trading in these options thereby helping to
ensure the maintenance of a fair and orderly market \16\ and has
represented that it has sufficient capacity to handle additional
traffic associated with this new listing.\17\
---------------------------------------------------------------------------

    \16\ See Amendment No. 1, supra note 4.
    \17\ See Notice, supra note 3 at 85754.
---------------------------------------------------------------------------

    For the reasons discussed above, the Commission finds that Cboe's
proposal is consistent with the Act, including Section 6(b)(5) thereof,
in that it is designed to remove impediments to and perfect the
mechanism of a free and open market, and, in general, to protect
investors and the public interest. In light of the enhanced closing
procedures at the underlying markets and the potential benefits to
investors discussed by the Exchange in the Notice,\18\ the Commission
finds that it is appropriate and consistent with the Act to approve
Cboe's proposal on a pilot basis. The collection of data during the
P.M. Pilot Program and Cboe's active monitoring of any effects of P.M.-
settled MRUT options on the markets will help Cboe and the Commission
assess any impact of P.M. settlement in today's market.
---------------------------------------------------------------------------

    \18\ See Notice, supra note 3 at 85755.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-CBOE-2020-116), as modified
by Amendment No. 1, be, and hereby is, approved, subject to a pilot
period set to expire on May 3, 2021.
---------------------------------------------------------------------------

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

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02780 Filed 2-10-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Notices]
[Pages 43097-43099]
[FR Doc No: 2014-17445]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]

SGS North America, Inc.: Application for Expansion of Recognition

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

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of SGS North
America, Inc., for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents
the Agency's preliminary finding to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 8, 2014.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0040, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2006-0040). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for assistance in locating docket
submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before August 8, 2014 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. David W. Johnson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that SGS North America, Inc. (SGS), is applying for expansion of
its current recognition as an NRTL. SGS requests the addition of eight
test standards to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by an NRTL for initial
recognition, and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational Web page for each NRTL,
including SGS, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    SGS currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters located at:
SGS North America, Inc., 620 Old Peachtree Road, Suwanee, Georgia
30024. A complete list of SGS's scope of recognition is available at
http://www.osha.gov/dts/otpca/nrtl/sgs.html.

II. General Background on the Application

    SGS submitted an application, dated June 26, 2013 (Exhibit 14-1--
SGS Request for Expansion), to expand its recognition to include five
additional test standards. SGS submitted an amendment to the
application on July 17, 2013 (Exhibit 14-2--SGS Request for Additional
Test Standards), requesting three additional test standards for
inclusion in the expansion request, for a total of eight additional
requested test standards. OSHA staff performed a detailed analysis of
the application file and reviewed other pertinent information. OSHA did
not perform any on-site reviews in relation to this application.
    Table 1 below lists the appropriate test standards found in SGS's
application for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     SGS's NRTL Scope of Recognition
------------------------------------------------------------------------
               Test standard                     Test standard title
------------------------------------------------------------------------
UL 48.....................................  Electric Signs.
UL 65.....................................  Wired Cabinets.
UL 73.....................................  Motor-Operated Appliances.

UL 153....................................  Portable Electric
                                             Luminaires.
UL 482....................................  Portable Sun/Heat Lamps.
UL 507....................................  Electric Fans.
UL 508A...................................  Industrial Control Panels.
UL 60335-1................................  Safety of Household and
                                             Similar Electrical
                                             Appliances, Part 1: General
                                             Requirements.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    SGS submitted an acceptable application for expansion of its scope
of recognition. OSHA's review of the application file and pertinent
documentation indicate that SGS can meet the requirements prescribed by
29 CFR 1910.7 for expanding its recognition to include the addition of
the eight test standards for NRTL testing and certification listed
above. This preliminary finding does not constitute an interim or
temporary approval of SGS's application.
    OSHA welcomes public comment as to whether SGS meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the publicly
available information in SGS's application, including pertinent
documents (e.g., exhibits) and all submitted comments, contact the
Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0040.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant SGS's application for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of its
final decision in the Federal Register.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 21, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-17445 Filed 7-23-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52759-52761]
[FR Doc No: 2022-18559]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-495-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Application and Establishing Intervention Deadline

    Take notice that on August 9, 2022, Transcontinental Gas Pipe Line
Company, LLC (Transco), Post Office Box 1396, Houston, Texas 77251,
filed

an application under section 7(c) of the Natural Gas Act (NGA), and
Part 157 of the Commission's regulations to construct, install, modify,
operate and maintain its Texas to Louisiana Energy Pathway Project
(Project) and to authorize the conversion of 130,000 dekatherms per day
(Dth/day) of capacity currently subject to Transco's ``IT Feeder
System'' to firm transportation capacity under the Project.
Specifically, Transco requests authorization to (i) construct a new
15,900 horsepower (HP) compressor station in Fort Bend County, Texas,
(ii) modify six existing compressor units at Compressor Station 40 in
Hardin County, Texas, (iii) as well as perform programming updates at
Compressor Station 23 in Victoria County, Texas to accommodate new flow
conditions. Transco states that the capacity conversion, along with
turnback capacity and incremental capacity, will yield the 364.4
million cubic feet per day (MMcf/d) of project capacity. Transco
estimates the cost of the project to be $91,781,074, all as more fully
set forth in the application which is on file with the Commission and
open for public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Antauis Byrd, P.O. Box 1396, Houston, Texas 77251; by phone at (713)
215-3741; or by email to [email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are two ways to become involved in the Commission's review of
this project: you can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on September 13, 2022.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before September 13, 2022.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number CP22-495-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You may file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP22-495-000). Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.
---------------------------------------------------------------------------

    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
---------------------------------------------------------------------------

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
---------------------------------------------------------------------------

    \3\ 18 CFR 385.102(d).
---------------------------------------------------------------------------

    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is September 13, 2022. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more

information about motions to intervene, refer to the FERC website at
https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP22-495-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below.\6\
Your motion to intervene must reference the Project docket number CP22-
495-000. Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426.
---------------------------------------------------------------------------

    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
---------------------------------------------------------------------------

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Antauis Byrd,
P.O. Box 1396, Houston, Texas 77251; or by email:
[email protected]. Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
---------------------------------------------------------------------------

    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
---------------------------------------------------------------------------

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at http://www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on September 13,
2022.

    Dated: August 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-18559 Filed 8-26-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Page 19486]
[FR Doc No: 2016-07715]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-7492; Airspace Docket No. 15-AGL-27]

Amendment of Class E Airspace; Rapid City, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This correction amends the final rule published in the Federal
Register of February 4, 2016 amending Class E airspace area at Rapid
City Regional Airport, Rapid City, SD. This correction adds part-time
Notice to Airmen (NOTAM) language to the Class E surface area
description for the airport.

DATES: Effective 0901 UTC, April 5, 2016. The compliance date for this
rule is March 31, 2016. The Director of the Federal Register approves
this incorporation by reference action under Title 1, Code of Federal
Regulations, part 51, subject to the annual revision of FAA Order
7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX, 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The Federal Register published a final rule amending Class E
airspace at Rapid City Regional Airport, Rapid City, SD, (81 FR 5905,
February 4, 2016) Docket No. FAA-2015-7492. Subsequent to publication,
the FAA determined that the part-time NOTAM language in the Class E
surface area description was inadvertently removed in error. Potential
safety concerns were identified due to the possibility for confusion in
determining the operating rules and equipment requirements in the Rapid
City Regional Airport terminal area. The concerns were based on the
opportunity for part-time Class D surface area airspace and continuous
Class E surface area airspace to be active at the same time.
    To resolve these concerns, the FAA is keeping the part-time NOTAM
language in the Class E surface area description to retain it as part-
time airspace supplementing the existing part-time Class D surface area
airspace at Rapid City Regional Airport. The regulatory text is
rewritten for clarity.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of February 4, 2016 (81 FR 5905) FR Doc. 2016-02037,
Amendment of Class E Airspace; Rapid City, SD, is corrected as follows:

Sec.  71.1  [Amended]

    On page 5906, column 1, beginning on line 27, remove the following
text:

    ``Within a 4.4-mile radius of the Rapid City Regional Airport,
excluding the portion north of a line between the intersection of
the Rapid City Regional Airport 4.4-mile radius and the Ellsworth
AFB 4.7-mile radius, and that airspace extending upward from the
surface within 2.6 miles each side of the Rapid City VORTAC
155[deg]/335[deg]. radials extending from the 4.4-mile radius of the
Rapid City Regional Airport to 7 miles southeast of the VORTAC,
excluding that airspace within the Rapid City, SD, Class D airspace
area.''

    And add in its place:

    ``Within a 4.4-mile radius of the Rapid City Regional Airport,
excluding the portion north of a line between the intersection of
the Rapid City Regional Airport 4.4-mile radius and the Ellsworth
AFB 4.7-mile radius, and that airspace extending upward from the
surface within 2.6 miles each side of the Rapid City VORTAC
155[deg]/335[deg]. radials extending from the 4.4-mile radius of the
Rapid City Regional Airport to 7 miles southeast of the VORTAC,
excluding that airspace within the Rapid City, SD, Class D airspace
area. This Class E airspace area is effective during the specific
dates and times established in advance by Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.''

    Issued in Fort Worth, Texas, on March 28, 2016.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-07715 Filed 3-31-16; 4:15 pm]
 BILLING CODE 4910-13-P


[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Rules and Regulations]
[Page 41631-41632]
[DOCID:fr18au09-10]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

[Docket No. FDA-2009-N-0665]

New Animal Drugs for Use in Animal Feeds; Semduramicin;
Virginiamycin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an original new animal drug
application (NADA) filed by Phibro Animal Health. The NADA provides for
use of single-ingredient Type A medicated articles containing
semduramyicin (as semduramicin sodium biomass) and virginiamycin to
manufacture 2-way combination drug Type C medicated feeds for use in
broiler chickens.

DATES: This rule is effective August 18, 2009.

FOR FURTHER INFORMATION CONTACT:  Timothy Schell, Center for Veterinary
Medicine (HFV-128), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Phibro Animal Health, 65 Challenger Rd., 3d
floor, Ridgefield Park, NJ 07660, filed NADA 141-289 that provides for
the use of AVIAX II (semduramicin sodium biomass) and STAFAC
(virginiamycin) Type A medicated articles to manufacture 2-way
combination drug Type C medicated feeds for broiler chickens. The NADA
is approved as of July 13, 2009, and the regulations are amended in 21
CFR 558.555 to reflect the approval.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    The agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 558

    Animal drugs, Animal feeds.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is
amended as follows:

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
1. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority: 21 U.S.C. 360b, 371.

0
2. In Sec.  558.555, add paragraphs (e)(2) through (e)(4) to read as
follows:

Sec.  558.555  Semduramicin.

* * * * *
    (e) * * *

------------------------------------------------------------------------
 Semduramicin   Combination
 in grams per  in grams per    Indications     Limitations     Sponsor
     ton            ton          for use
------------------------------------------------------------------------
                              * * * * * * *
------------------------------------------------------------------------
(2) 22.7       Virginiamyci  Broiler         Feed                 066104
                n 5           chickens: As    continuously
                              in paragraph    as sole
                              (e)(1) of       ration.
                              this section;   Withdraw 1
                              for increased   day before
                              rate of         slaughter. Do
                              weight gain     not feed to
                              and improved    laying hens.
                              feed            Virginiamycin
                              efficiency.     provided by
                                              No. 066104 in
                                              Sec.
                                              510.600(c) of
                                              this chapter.
------------------------------------------------------------------------

(3) 22.7       Virginiamyci  Broiler         Feed                 066104
                n 5 to 15     chickens: As    continuously
                              in paragraph    as sole
                              (e)(1) of       ration.
                              this section;   Withdraw 1
                              for increased   day before
                              rate of         slaughter. Do
                              weight gain.    not feed to
                                              laying hens.
                                              Virginiamycin
                                              provided by
                                              No. 066104 in
                                              Sec.
                                              510.600(c) of
                                              this chapter.
------------------------------------------------------------------------
(4) 22.7       Virginiamyci  Broiler         Feed                 066104
                n 20          chickens: As    continuously
                              in paragraph    as sole
                              (e)(1) of       ration.
                              this section;   Withdraw 1
                              for             day before
                              prevention of   slaughter. Do
                              necrotic        not feed to
                              enteritis       laying hens.
                              caused by C.    Virginiamycin
                              perfringens     provided by
                              susceptible     No. 066104 in
                              to              Sec.
                              virginiamycin   510.600(c) of
                              .               this chapter.
------------------------------------------------------------------------

    Dated: August 12, 2009.
William T. Flynn,
Acting Director, Center for Veterinary Medicine.
[FR Doc. E9-19738 Filed 8-17-09; 8:45 am]

BILLING CODE 4160-01-S