[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26573-26576]
[FR Doc No: 2017-11131]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9115; Directorate Identifier 2016-NM-068-AD;
Amendment 39-18903; AD 2017-11-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 767-200, -300, and -400ER series airplanes. This
AD was prompted by an evaluation by the design approval holder (DAH)
indicating that the fuselage skin lap splices are subject to widespread
fatigue damage (WFD). This AD requires repetitive inspections to detect
any crack in the fuselage skin at the skin lap splices, and corrective
actions if necessary. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective July 13, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 13,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9115.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9115; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6447; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 767-200, -300, and -400ER series airplanes. The NPRM published in
the Federal Register on September 28, 2016 (81 FR 66553). The NPRM was
prompted by an evaluation by the DAH indicating that the fuselage skin
lap splices are subject to WFD. The NPRM proposed to require repetitive
inspections to detect any crack in the fuselage skin at the skin lap
splices, and repair of any crack found during the inspection. We are
issuing this AD to detect and correct cracks at the fuselage skin lap
splice, which can rapidly link up, possibly resulting in rapid
decompression and loss of structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Support for the NPRM

    Boeing and another commenter, Connor Blevins, stated their support
for the content of the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental
Type Certificate (STC) ST01920SE does not affect the actions specified
in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as (c)(1) in this AD and added paragraph (c)(2) to
state that installation of STC ST01920SE does not affect the ability to
accomplish the actions required by this final rule. Therefore, for
airplanes on which STC ST01920SE is installed, a ``change in

product'' alternative method of compliance (AMOC) approval request is
not necessary to comply with the requirements of 14 CFR 39.17.

Request for Clarification of Requirements

    United Airlines (UAL) requested that we clarify whether Boeing
Alert Service Bulletin 767-53A0264, Revision 1, dated April 25, 2016
(``ASB 767-53A0264 R1'') or the structural repair manual (SRM) takes
precedence for inspection requirements and whether the operator is able
to choose which inspection method to utilize. UAL pointed out that Part
3 of ASB 767-53A0264 R1 specifies high frequency eddy current (HFEC)
for the initial and repeat inspections, but the corresponding SRM
repair provides the option of HFEC or low frequency eddy current
inspections.
    We agree that clarification is necessary. Note (a) of tables 1
through 9 of paragraph 1.E., ``Compliance,'' of ASB 767-53A0264 R1
terminates the AD-mandated inspections for any area under an approved
repair. The repairs are evaluated with their own damage tolerance
inspection program. The post-repair inspection program is different
than the baseline inspections specified in Part 3 of ASB 767-53A0264
R1, and as mentioned previously, post-repair damage tolerance
inspections are not required by this AD, but are airworthiness
limitation items (ALIs) and are required by maintenance and operational
rules. Any deviation from the post-repair ALI inspections requires FAA
approval, but does not require an alternative method of compliance
(AMOC). We have not revised this AD in this regard.

Request for Clarification of Repetitive Inspection Intervals

    UAL requested that we clarify the repetitive inspection intervals
for any Category B repair specified in the SRM and accomplished as
specified in Part 8 of ASB 767-53A0264 R1. UAL pointed out that the
Part 8 repetitive inspection intervals conflict with the inspection
intervals of Category B repairs specified in the SRM. UAL specified
that if a repair is accomplished at the times proposed in the NPRM, the
repair is already past the initial inspection thresholds specified in
the SRM.
    We agree that there is a conflict between the service information
and the Category B repair specified in the SRM, and that clarification
is necessary. We have coordinated with Boeing regarding this issue. ASB
767-53A0264 R1 refers to the SRM for these repair instructions. Boeing
has revised and published temporary revisions to the SRM that address
this issue and these revisions provide an inspection threshold based on
flight cycles after repair installation. Additionally, we have revised
paragraph (h) of this AD to clarify that the post-repair damage
tolerance inspections are not required by this AD, but are ALIs and are
required by maintenance and operational rules. Any deviation from the
post-repair ALI inspections requires FAA approval, but does not require
an AMOC. We have also redesignated subsequent paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing ASB 767-53A0264 R1. The service information
describes procedures for repetitive inspections and repair for any
crack in the fuselage skin at the skin lap splices. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 332 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections......................  168 work-hours x                 $0  $14,280 per          $4,740,960 per
                                    $85 per hour =                       inspection cycle..   inspection cycle.
                                    $14,280 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The size of the area that requires repair must be determined before
material and work-hour costs can be estimated. Additionally, materials
for repairs must be supplied by the operator. Therefore, we cannot
provide cost estimates for the on-condition actions specified in this
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-11-04 The Boeing Company: Amendment 39-18903; Docket No. FAA-
2016-9115; Directorate Identifier 2016-NM-068-AD.

(a) Effective Date

    This AD is effective July 13, 2017.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 767-200, -300,
and -400ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 767-53A0264, Revision 1,
dated April 25, 2016 (``ASB 767-53A0264 R1'').
    (2) Installation of Supplemental Type Certificate (STC)
ST01920SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/59027F43B9A7486E86257B1D006591EE?OpenDocument&Highlight=st01920se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01920SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the fuselage skin lap splices are subject to
widespread fatigue damage. We are issuing this AD to detect and
correct cracks at the fuselage skin lap splice, which can rapidly
link up, possibly resulting in rapid decompression and loss of
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Repetitive Inspections and Corrective Actions

    Except as specified by paragraph (i) of this AD, at the
applicable times specified in paragraph 1.E., ``Compliance,'' of ASB
767-53A0264 R1: Do external surface high frequency eddy current
(HFEC), internal surface HFEC, and external surface low frequency
eddy current inspections, as applicable, to detect cracks in the
fuselage skin lap splices, in accordance with the Accomplishment
Instructions of ASB 767-53A0264 R1. If any crack is found during any
inspection required by this AD, before further flight, repair in
accordance with Part 8 of the Accomplishment Instructions of ASB
767-53A0264 R1. Repeat the inspections thereafter at the times
specified in paragraph 1.E., ``Compliance,'' of ASB 767-53A0264 R1,
as applicable.

(h) AD Provisions for Part 26 Supplemental Inspections

    Repairs identified in Part 8 of ASB 767-53A0264 R1 specify post-
modification airworthiness limitation inspections in compliance with
14 CFR 25.571(a)(3) at the modified locations, which support
compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an AMOC.

(i) Service Information Exception

    Where ASB 767-53A0264 R1 specifies a compliance time ``after the
original issue date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 767-
53A0264, dated May 12, 2015.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as specified in paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (k)(4)(i) and
(k)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    (1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 767-53A0264, Revision 1, dated
April 25, 2016.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 15, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-11131 Filed 6-7-17; 8:45 am]
BILLING CODE 4910-13-P


Technical Assistant Needs Assessment Questionnaire
Submitted with ICR 2470.01 │ OMB 2050-NEW │ Technical Assistance Needs Assessments (TANAs) at Superfund Remedial or Removal Sites (NEW)

   1. How have you been involved with the community during the Superfund cleanup process?

   2. Does your organization have any current, past, or future responsibilities at the site?

   3. How would you describe the community's relationship with the EPA and the state (if applicable) during the Superfund cleanup process?

   4. Has the community been receiving sufficient technical information from EPA? Has this information been clear and easy-to-understand? If not, describe the areas where you believe the community may need assistance understanding and responding to information about the site.

   5. From the community's perspective, what could prevent the Superfund cleanup process from moving forward? What could EPA potentially do to address this situation?

   6. What are the issues or areas in which the community may require assistance in order to participate meaningfully in the Superfund decision-making process?

   7. What type of assistance do you believe would be most helpful?

   8. Are you aware of the types of technical assistance from EPA that may be available to the community? (If so, please tell me what you understand to be available to the community).

   9. Has the community previously received technical assistance (e.g., TAG, TASC, TAB, TAP, or TOSC)?
         a. If so, what community group received the assistance on behalf of the community?
         b. What were the benefits and limitations of this assistance?

   10. What are the existing organizations in the community that are involved in site issues or which tend to be the "go-to" groups for community members interested in site issues or related concerns?
         a. Are these organizations representative of, or have the ability to reach, all parts of the affected community?
         b. Are these groups effective in listening to the community and providing a voice to all segments of the community?
         c. Do these organizations have a robust membership, have a defined strategic plan, request input from the broader community, or have an effective relationship with the local press?
         d. Are there organizations within the community that have competing interests or are highly divisive?
         e. Are there particular community members or stakeholders affected by the site who may need additional assistance understanding site information and what it may mean to them? Are these stakeholder groups reached by existing organizations that serve the broader community?
   11. What other stakeholders would you recommend we speak with in completing this technical assistance needs assessment?

   12. Is there any other pertinent information you would like to share with us at this time?


[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Page 29312]
[FR Doc No: 2021-11479]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-10944, 34-92018; File No. 265-28]

Investor Advisory Committee Meeting

AGENCY: Securities and Exchange Commission.

ACTION: Notice of meeting.

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SUMMARY: The Securities and Exchange Commission Investor Advisory
Committee, established pursuant to Section 911 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act of 2010, is providing notice
that it will hold a public meeting. The public is invited to submit
written statements to the Committee.

DATES: The meeting will be held on Thursday, June 10, 2021 from 10:00
a.m. until 4:15 p.m. (ET). Written statements should be received on or
before June 9, 2021.

ADDRESSES: The meeting will be conducted by remote means and/or at the
Commission's headquarters, 100 F St. NE, Washington, DC 20549. The
meeting will be webcast on the Commission's website at www.sec.gov.
Written statements may be submitted by any of the following methods:

Electronic Statements

    [ssquf] Use the Commission's internet submission form (http://www.sec.gov/rules/other.shtml); or
    [ssquf] Send an email message to<EMAIL_ADDRESS>Please
include File No. 265-28 on the subject line; or

Paper Statements

    [ssquf] Send paper statements to Vanessa A. Countryman, Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.

All submissions should refer to File No. 265-28. This file number
should be included on the subject line if email is used. To help us
process and review your statement more efficiently, please use only one
method.
    Statements also will be available for website viewing and printing
in the Commission's Public Reference Room, 100 F Street NE, Room 1503,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. All statements received will be posted without
change. Persons submitting comments are cautioned that we do not redact
or edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly.

FOR FURTHER INFORMATION CONTACT: Marc Oorloff Sharma, Chief Counsel,
Office of the Investor Advocate, at<PHONE_NUMBER>, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public,
except during that portion of the meeting reserved for an
administrative work session during lunch. Persons needing special
accommodations to take part because of a disability should notify the
contact person listed in the section above entitled FOR FURTHER
INFORMATION CONTACT.
    The agenda for the meeting includes: Welcome remarks; approval of
previous meeting minutes; a panel discussion regarding best execution
and its role in post-NMS market structure; a panel discussion regarding
best execution issues unique to wholesale brokers; a panel discussion
regarding 10b5-1 plans; a discussion of a recommendation regarding
individual retirement accounts; subcommittee reports; and a non-public
administrative session.

    Dated: May 26, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-11479 Filed 5-28-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Page 46988]
[FR Doc No: 2016-17001]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Schedule 13E-4F, SEC File No. 270-340, OMB Control No. 3235-0375

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Schedule 13E-4F (17 CFR 240.13e-102) may be used by an issuer that
is incorporated or organized under the laws of Canada to make a cash
tender or exchange offer for the issuer's own securities if less than
40 percent of the class of such issuer's securities outstanding that
are the subject of the tender offer is held by U.S. holders. The
information collected must be filed with the Commission and is publicly
available. We estimate that it takes approximately 2 hours per response
to prepare Schedule 13E-4F and that the information is filed by
approximately 3 respondents annually for a total annual reporting
burden of 6 hours (2 hours per response x 3 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: July 13, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17001 Filed 7-18-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 2, 2008 (Volume 73, Number 170)]
[Proposed Rules]
[Page 51259-51260]
[DOCID:fr02se08-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2007-0562; FRL-8709-2]

EPA Responses to State and Tribal 2006 24-Hour PM2.5
Designation Recommendations: Notice of Availability and Public Comment
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and public comment period.

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SUMMARY: Notice is hereby given that the EPA has posted its responses
to state and tribal designation recommendations for the 2006 24-hour
fine particles (PM2.5) National Ambient Air Quality
Standards (NAAQS) on its Internet Web site at http://www.epa.gov/
pmdesignations/2006standards/index.htm. EPA invites public comments on
its responses during the 30-day comment period specified below. EPA
sent responses directly to the states on August 19 and tribes on or
around August 20, 2008, and plans to make final designation
determinations for the 2006 24-hour PM2.5 NAAQS by December
18, 2008.

DATES: Comments must be received on or before October 2, 2008. Please
refer to SUPPLEMENTARY INFORMATION for additional information on the
comment period.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2007-
0562, by one of the following methods:
      http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Attention Docket ID No.
EPA-HQ-OAR-2007-0562.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2007-0562.
     Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2007-
0562, Environmental Protection Agency, Mail Code: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution
Avenue, NW., Room 3334, Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0562. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The http://www.regulations.gov Web site is
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA is unable to read your comment and
contact you for clarification due to technical difficulties, EPA may
not be able to consider your comment. Electronic files should avoid the
use of special characters, any form of encryption, and be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center home page at http://www.epa.gov/
epahome/dockets.htm. For additional instructions on submitting
comments, go to Section II of the SUPPLEMENTARY INFORMATION section of
this document.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Ben Gibson, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Planning Division, C504-01,
Research Triangle Park, NC 27711, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 1, please
contact Alison Simcox, U.S. EPA, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 2, please
contact Kenneth Fradkin, U.S. EPA, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 3, please
contact Maria Pino, U.S. EPA, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 4, please
contact Steve Scofield, U.S. EPA, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 5, please
contact John Summerhays, U.S. EPA, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 6, please
contact Joe Kordzi, U.S. EPA, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 7, please
contact Amy Algoe-Eakin, U.S. EPA, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>For questions regarding EPA Region 8, please
contact Catherine Roberts, U.S. EPA, telephone<PHONE_NUMBER>, e-mail
at<EMAIL_ADDRESS>For questions regarding EPA Region 9,
please contact Eleanor Kaplan, U.S. EPA, telephone<PHONE_NUMBER>, e-
mail at<EMAIL_ADDRESS>For questions regarding EPA Region 10,
please contact Krishna Viswanathan, U.S. EPA, telephone<PHONE_NUMBER>,
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly

mark the part or all of the information that you claim to be CBI. For
CBI information in a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2. Send or deliver
information identified as CBI only to the following address: Roberto
Morales, U.S. EPA, Office of Air Quality Planning and Standards, Mail
Code C404-02, Research Triangle Park, NC 27711, telephone (919) 541-
0880, e-mail at<EMAIL_ADDRESS>Attention: Docket ID No. OAR-
2007-0562.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.

II. Background

    The process for designating areas following promulgation of a new
or revised NAAQS is contained in Clean Air Act (CAA) Section 107(d) (42
U.S.C. 7407). Following the promulgation of a new or revised standard,
each Governor or Tribal Leader has an opportunity to recommend air
quality designations, including the appropriate boundaries for
nonattainment areas, to EPA. EPA considers these recommendations as
part of its duty to promulgate the formal area designations and
boundaries for the new or revised standards. By no later than 120 days
prior to promulgating designations, EPA is required to notify states or
tribes of any intended modification to an area designation or boundary
recommendation that EPA deems necessary. On or around August 19 and 20,
2008, EPA notified states and tribes of its intended area designations
for the 2006 24-hour PM2.5 NAAQS. States and tribes now have
an opportunity to demonstrate why they believe a modification proposed
by EPA may be inappropriate. In these responses, EPA encourages states
and tribes to provide comments and additional information for
consideration by EPA in finalizing designations. EPA plans to make
final designation determinations for the 2006 24-hour PM2.5
NAAQS by December 18, 2008.
    The purpose of this notice is to solicit public comments from
interested parties other than states and tribes on EPA's recent
responses to the state and tribal designation recommendations for the
2006 24-hour PM2.5 NAAQS. CAA Section 107(d) provides a
process for designations that involves recommendations by states and
tribes to EPA and responses from EPA to those parties, prior to EPA
promulgating final designations and boundaries. EPA is not required
under CAA Section 107(d) to seek public comment during the designation
process, but is electing to do so for the 2006 24-hour PM2.5
NAAQS in order to gather additional information for EPA to consider
before making final designations. EPA invites public comment on its
responses to states and tribes during the 30-day comment period
provided in this notice. Due to the statutory timeframe for
promulgating designations set out in CAA Section 107(d), EPA will not
be able to consider any comments submitted after October 2, 2008,
notwithstanding what may have appeared in any state-specific
announcements. This notice and opportunity for public comment does not
affect any rights or obligations of any state, tribe or the EPA which
might otherwise exist pursuant to CAA section 107(d).
    Please refer to the ADDRESSES section above in this document for
specific instructions on submitting comments and locating relevant
public documents.
     In providing comments to EPA please consider the agency's
charge under CAA section 107(d). Under this section, EPA is obligated
to identify every area as attainment, nonattainment, or unclassifiable.
Further, in establishing nonattainment area boundaries, the agency is
required to identify the area that does not meet the 2006
PM2.5 24-hour standard and any nearby area that is
contributing to the area that does not meet that standard. If you
believe that a specific geographic area that EPA is proposing to
identify as a nonattainment area should not be categorized by the
section 107(d) criteria as nonattainment, or if you believe that a
specific area not proposed by EPA to be identified as a nonattainment
area should in fact be categorized as nonattainment using the section
107(d) criteria, please be as specific as possible in supporting your
belief.
     Describe any assumptions and provide any technical
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

III. Internet Web Site for Rulemaking Information

    The EPA has also established a Web site for this rulemaking at
http://www.epa.gov/pmdesignations/2006standards/index.htm. The Web site
includes EPA's state and tribal designation recommendations, as well as
the rulemaking actions and other related information that the public
may find useful.

    Dated: August 20, 2008.
Jenny Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. E8-20241 Filed 8-29-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62779-62780]
[FR Doc No: 2023-19767]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER21-385-006.
    Applicants: Upper Missouri G. & T. Electric Cooperative, Inc.
    Description: Compliance filing: Amend Compliance Filing--Second
Partial Settlement (ER21-385) to be effective 4/1/2023.
    Filed Date: 9/6/23.
    Accession Number: 20230906-5163.
    Comment Date: 5 p.m. ET 9/27/23.

    Docket Numbers: ER23-2509-001.
    Applicants: Southwestern Public Service Company.
    Description: Tariff Amendment: 2023-09-xx TxDOT Supplemental
Filing--Amnd--729 to be effective 7/29/2023.
    Filed Date: 9/6/23.
    Accession Number: 20230906-5143.
    Comment Date: 5 p.m. ET 9/27/23.

    Docket Numbers: ER23-2584-001.
    Applicants: Ameren Illinois Company.
    Description: Tariff Amendment: Amendment to IMEA Reimb. Agrmt.
Roodhouse to be effective 8/9/2023.
    Filed Date: 9/7/23.
    Accession Number: 20230907-5065.
    Comment Date: 5 p.m. ET 9/28/23.

    Docket Numbers: ER23-2768-000.
    Applicants: Duane Arnold Solar, LLC.
    Description: Request for Limited Waiver of Duane Arnold Solar, LLC.
    Filed Date: 9/1/23.
    Accession Number: 20230901-5227.
    Comment Date: 5 p.m. ET 9/22/23.

    Docket Numbers: ER23-2773-000.
    Applicants: River Ferry Solar I LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization, Request for Related Waivers to be effective 11/6/
2023.
    Filed Date: 9/6/23.
    Accession Number: 20230906-5140.
    Comment Date: 5 p.m. ET 9/27/23.

    Docket Numbers: ER23-2774-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 7075;
Queue No. AE2-194 to be effective 8/8/2023.
    Filed Date: 9/7/23.
    Accession Number: 20230907-5038.
    Comment Date: 5 p.m. ET 9/28/23.

    Docket Numbers: ER23-2775-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 7067; Queue No. AF1-146/AF2-322 to be effective 8/8/2023.
    Filed Date: 9/7/23.
    Accession Number: 20230907-5048.
    Comment Date: 5 p.m. ET 9/28/23.

    Docket Numbers: ER23-2776-000.
    Applicants: New York State Electric & Gas Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: New York State Electric &
Gas Corporation submits tariff filing per 35.13(a)(2)(iii: NYISO-NYSEG
Joint 205: Amended LGIA Bluestone Wind Project SA2629 (CEII) to be
effective 8/24/2023.
    Filed Date: 9/7/23.
    Accession Number: 20230907-5070.
    Comment Date: 5 p.m. ET 9/28/23.

    Docket Numbers: ER23-2777-000.
    Applicants: New York State Electric & Gas Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: New York State Electric &
Gas Corporation submits tariff filing per 35.13(a)(2)(iii: NYISO-NYSEG
Joint 205: LGIA Morris Ridge Solar Energy Center Prjct SA2790 (CEII) to
be effective 8/24/2023.
    Filed Date: 9/7/23.
    Accession Number: 20230907-5072.
    Comment Date: 5 p.m. ET 9/28/23.

    Docket Numbers: ER23-2778-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 4132 Choctaw Fields Solar
Project Surplus Interconnection GIA to be effective 11/6/2023.
    Filed Date: 9/7/23.
    Accession Number: 20230907-5077.
    Comment Date: 5 p.m. ET 9/28/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any

of the above proceedings must file in accordance with Rules 211, 214,
or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or
385.206) 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>.
    For other information, call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>. The Commission's Office of Public Participation
(OPP) supports meaningful public engagement and participation in
Commission proceedings. OPP can help members of the public, including
landowners, environmental justice communities, Tribal members and
others, access publicly available information and navigate Commission
processes.
    For public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: September 7, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-19767 Filed 9-12-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Notices]
[Page 19698]
[FR Doc No: 2013-07543]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14498-000]

Lucid Energy, Inc., The City of Portland Water Bureau; Notice of
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, Protests, Recommendations, and Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Conduit Exemption.
    b. Project No.: 14498-000.
    c. Date filed: February 13, 2013.
    d. Applicant: Lucid Energy, Inc., The City of Portland Water
Bureau.
    e. Name of Project: Conduit 3 Hydroelectric Project.
    f. Location: The proposed Conduit 3 Hydroelectric Project would be
located near the intersection of Powell Boulevard and SE. 147th Avenue
in Portland, Multnomah County, Oregon. The land on which all the
project structures are located is owned by the co-applicant, the City
of Portland Water Bureau.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Jan Lee, Water & Energy Resource Services
P.O. Box 2517, Clackamas, OR 97105, Cell at<PHONE_NUMBER>, Fax at
(503) 631-7299, and Email at<EMAIL_ADDRESS>    i. FERC Contact: Jake Tung,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size
of the proposed project, as well as the resource agency consultation
letters filed with the application, the 60-day timeframe specified in
18 CFR 4.34(b) for filing all comments, motions to intervene, protests,
recommendations, terms and conditions, and prescriptions is shortened
to 30 days from the issuance date of this notice. All reply comments
filed in response to comments submitted by any resource agency, Indian
tribe, or person, must be filed with the Commission within 45 days from
the issuance date of this notice.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly encourages electronic
filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    l. Description of the project: The proposed Conduit 3 Plant
Hydroelectric Project would consist of: (1) Four proposed customized
pipe sections, each section containing a sealed, vertical turbine unit
in the existing pipe; (2) four proposed power units with a total
nameplate capacity of 170 kilowatts; (3) a proposed belowground,
concrete vault to enclose the facility; and (4) appurtenant facilities.
The applicant estimates the project would have an average annual
generation of 1,200 megawatt-hours, which will be sold to PGE.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the web at
http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary''
link. Enter the docket number, P-14498, in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
email<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for review and reproduction at the address in item h
above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    o. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceeding. Any protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
    p. All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading, the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. Any of
these documents must be filed by providing the original and seven
copies to: The Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426. An additional copy must be sent
to Director, Division of Hydropower Administration and Compliance,
Office of Energy Projects, Federal Energy Regulatory Commission, at the
above address. A copy of any protest or motion to intervene must be
served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: March 26, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-07543 Filed 4-1-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2688]
[FR Doc No: 2015-00738]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER10-3184-003; ER10-2805-003.
    Applicants: FortisUS Energy Corporation, Central Hudson Gas &
Electric Corporation.
    Description: Notice of Non-Material Change in Status of FortisUS
Energy Corporation and Central Hudson Gas & Electric Corporation, et.
al.
    Filed Date: 1/9/15.
    Accession Number: 20150109-5262.
    Comments Due: 5 p.m. ET 1/30/15.

    Docket Numbers: ER12-2499-010; ER12-2498-010; ER13-764-010; ER11-
4055-004; ER12-1566-004; ER14-1548-002; ER12-1470-004; ER10-2977-004;
ER11-3987-005; ER14-474-002; ER10-1290-005; ER10-3026-004.
    Applicants: Alpaugh North, LLC, Alpaugh 50, LLC, CED White River
Solar, LLC, Copper Mountain Solar 1, LLC, Copper Mountain Solar 2, LLC,
Copper Mountain Solar 3, LLC, Energia Sierra Juarez U.S., LLC, Mesquite
Power, LLC, Mesquite Solar 1, LLC, Sempra Generation, LLC, San Diego
Gas & Electric Company, Termoelectrica U.S., LLC.
    Description: Notice of Non-Material Change in Status of the Sempra
Energy Sellers.
    Filed Date: 1/9/15.
    Accession Number: 20150109-5267.
    Comments Due: 5 p.m. ET 1/30/15.

    Docket Numbers: ER13-2109-003; ER13-2106-003; ER10-1410-003; ER13-
321-003; ER13-412-002; ER13-450-002; ER13-434-002; ER13-518-002; ER13-
1403-004; ER14-2140-003; ER14-2141-003; ER15-632-001; ER15-634-001;
ER14-2466-002; ER14-2465-002.
    Applicants: Fowler Ridge Wind Farm LLC, NedPower Mount Storm, LLC,
Virginia Electric and Power Company, Fairless Energy, LLC, Dominion
Nuclear Connecticut, Inc., Dominion Energy Manchester Street, Inc.,
Dominion Energy Marketing, Inc., Dominion Retail, Inc., Dominion
Bridgeport Fuel Cell, LLC, Mulberry Farm, LLC, Selmer Farm, LLC, CID
Solar, LLC, Cottonwood Solar, LLC, RE Camelot LLC, RE Columbia Two LLC.
    Description: Notice of Non-Material Change in Status of the
Dominion Companies.
    Filed Date: 1/9/15.
    Accession Number: 20150109-5273.
    Comments Due: 5 p.m. ET 1/30/15.

    Docket Numbers: ER15-104-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment per 35.17(b): 2015-01-09_SA 1503 NSP-
Mankato GIA Deficiency Response (G261) to be effective 10/16/2014.
    Filed Date: 1/9/15.
    Accession Number: 20150109-5182.
    Comments Due: 5 p.m. ET 1/30/15.

    Docket Numbers: ER15-569-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment per 35.17(b): 1895 S-R3 Westar
Energy, Inc. NITSA and NOA to be effective 8/1/2014.
    Filed Date: 1/12/15.
    Accession Number: 20150112-5128.
    Comments Due: 5 p.m. ET 2/2/15.

    Docket Numbers: ER15-838-000.
    Applicants: AEP Texas Central Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): TCC-San
Roman Wind I Interconnection Agreement to be effective 12/19/2014.
    Filed Date: 1/12/15.
    Accession Number: 20150112-5103.
    Comments Due: 5 p.m. ET 2/2/15.

    Docket Numbers: ER15-839-000.
    Applicants: Lucky Corridor, LLC.
    Description: Application of Lucky Corridor, LLC for Revision and to
Amend Existing Market Based Authority.
    Filed Date: 1/9/15.
    Accession Number: 20150109-5215.
    Comments Due: 5 p.m. ET 1/30/15.

    Docket Numbers: ER15-840-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-1-
12 NSP-KSTA T-L Filing to be effective 1/1/2015.
    Filed Date: 1/12/15.
    Accession Number: 20150112-5124.
    Comments Due: 5 p.m. ET 2/2/15.

    Docket Numbers: ER15-841-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Service
Agreement No. 1202; Queue No. Y3-106 to be effective 12/11/2014.
    Filed Date: 1/12/15.
    Accession Number: 20150112-5146.
    Comments Due: 5 p.m. ET 2/2/15.

    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 Sec.  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: January 12, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-00738 Filed 1-16-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Page 40651]
[FR Doc No: 2018-17516]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0059]

Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations
(CFR), this document provides the public notice that on July 26, 2018,
the Grand Canyon Railway (GCRY) has petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR part
230, Steam Locomotive Inspection and Maintenance Standards. FRA
assigned the petition docket number FRA-2018-0059. GCRY maintains and
operates No. 29, a 2-8-0 ``Consolidation'' type steam locomotive built
by the American Locomotive Works in 1906 for the Lake Superior &
Ishpeming Railroad. GCRY occasionally operates No. 29 to pull excursion
trains from Williams, AZ, to the Depot at the rim of the Grand Canyon.
    GCRY requests relief from performing the 1,472 service day
inspection (SDI), for No. 29, as it pertains to the inspection of the
boiler every 15 calendar years or 1,472 service days. See 49 CFR
230.17. This relief would extend the inspection date from May 2, 2019,
to the completion of the GCRY operating season on October 31, 2019. It
is expected that they would accrue approximately 15 service days during
this extension period. At the last annual inspection, the locomotive
accrued 410 service days toward the allowable 1,472 service days. GCRY
also requests relief from performing the annual inspection required by
49 CFR 230.16. This relief would extend the current annual inspection
by only 15 service days.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 1, 2018 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

John K. Alexy,
Deputy Associate Administrator for Railroad Safety.
[FR Doc. 2018-17516 Filed 8-14-18; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55896-55900]
[FR Doc No: 2021-21869]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93237; File No. SR-Phlx-2021-56]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
of Proposed Rule Change To Amend Options 4A, Section 12 Regarding the
Closing Volume Weighted Average Price (``Closing VWAP'') for Listing
and Trading of Options on the Nasdaq-100[supreg] Volatility Index

October 1, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 23, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``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 amend its rule regarding options on the
Nasdaq-100[supreg] Volatility Index within Options 4A, Section 12,
Terms of Index Options Contracts.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Nasdaq-100[supreg] Volatility
Index (``Volatility Index'') within Options 4A, Section 12, Terms of
Index Options Contracts. Specifically, the Exchange proposes to amend
the calculation of the final settlement price for VOLQ options, the
Closing Volume Weighted Average Price or ``Closing VWAP,'' in the event
any of the thirty-two underlying Nasdaq-100[supreg] index (``NDX'')
component options do not have a trade/quote during the 300 second
period of time (the ``Closing Settlement Period'').
Background
    The final settlement price for the Volatility Index is calculated
on Wednesday of each week commencing at 9:32:010 a.m. on the expiration
day, and continuing each second for the next 300 seconds (New York
time).\3\ The settlement value for the Volatility Index is the Closing
VWAP that is determined by reference to the prices and sizes of
executed orders \4\ or quotes in the thirty-two underlying NDX
component options \5\ on Phlx, Nasdaq ISE, LLC (``ISE'') and Nasdaq
GEMX, LLC (``GEMX'') \6\ calculated at the opening of trading on the
expiration date (usually a Wednesday). At the end of individual one-
second time observations during the Closing Settlement Period, which
commences at 9:32:010 on the expiration day (or 2.00.01 minutes after
the open of trading in the event trading does not commence at 9:30:000
a.m. ET),\7\ and continues each second for the next 300 seconds, the
number of contracts resulting from orders \8\ and quotes executed on
Phlx, ISE and GEMX at each price during the observation period is
multiplied by that price to yield a Reference Number. All Reference
Numbers are then summed, and that sum is then divided by the total
number of contracts traded during the observation period [Sum of
(contracts traded at a price x price) / total contracts traded)] to
calculate a Volume Weighted Average Price for that observation period
(a ``One Second VWAP'') for that component option. If no transactions
occur on Phlx, ISE and/or GEMX, during any one-second observation
period, the NBBO midpoint at the end of the one second observation
period will be considered the One Second VWAP for that observation
period for purposes of this settlement methodology. Specifically, the
Closing VWAP would seek the best bid and best offer (which may consist
of a quote or an order) from among the listing markets (Phlx, ISE and
GEMX markets). Each One Second VWAP for each component option is then
used to calculate the Volatility Index, resulting in the calculation of
300 sequential Volatility Index values. Finally, all 300 Volatility
Index values are arithmetically averaged (i.e., the sum of 300
Volatility Index calculations is divided by 300) and the resulting
figure is rounded to the nearest .01 to arrive at the settlement value
disseminated under the ticker symbol ``VOLS.'' \9\
---------------------------------------------------------------------------

    \3\ The exercise settlement amount would be equal to the
difference between the final settlement price and the exercise price
of the option, multiplied by $100. Exercise would result in the
delivery of cash on the business day following expiration.
    \4\ The Exchange proposes to add rule text within Options 4A,
Section 12(b)(6)(D) to further describe what is meant by executed
orders. Today, the rule text states, ``Executed orders shall include
simple orders and complex orders however, individual leg executions
of a complex order will only be included if the executed price of
the leg is at or within the NBBO.'' The proposed change will be
described in the proposal section.
    \5\ Dependent upon movement in the Nasdaq-100 Index, all of the
Closing Settlement Period index (VOLS) thirty-two underlying NDX
component options can change every second making live market final
settlement replication unfeasible over 300 seconds.
    \6\ The Volatility Index's component NDX options are listed on
Phlx as well as on the Exchange's affiliates, ISE and GEMX.
    \7\ If the Exchange is unable to publish a settlement value by
12:00 p.m. (New York Time) due to a trading halt, the Exchange will
determine and publish a value on its website. In the event of a
trading halt, the Exchange will commence the calculation of the
settlement window beginning 2.00.01 minutes after the re-opening of
trading. See Options 4A, Section 12(b)(6)(D)(II).
    \8\ Executed orders include simple orders and complex orders,
however, individual leg executions of a complex order will only be
included if the executed price of the leg is at or within the NBBO.
    \9\ See Options 4A, Section 12(b)(6)(D)(II), ``Terms of Option
Contracts.''
---------------------------------------------------------------------------

Proposal
    The Exchange proposes to amend the Closing VWAP to provide for an
alternative calculation of the Closing Settlement Period if during any
one second of the Closing Settlement Period any of the thirty-two NDX
option series does not have a trade/quote. The alternative observation
window would be part of the proposed new calculation of the Closing
Settlement Period. The Exchange would add the alternate observation
window to the existing calculation of the Closing VWAP.
    First, the Exchange proposes if, during any one second of the
observation period, any of the thirty-two NDX option series used for
Closing VWAP does not have a trade/quote, the index calculator would
look back and use the most recent published quote \10\ midpoint during
that day for the One Second VWAP for the option component that does not
have a trade/quote. If there is no One Second VWAP to utilize for any
of the thirty-two NDX option series during the Closing Settlement
Period, then the index calculator will consider that Closing Settlement
Period invalid and will be unable to determine a Closing VWAP at that
time.
---------------------------------------------------------------------------

    \10\ Only quotes would be considered, not trades. The Exchange
believes that quotes are more reflective of true market value since
the index calculator would look back.
---------------------------------------------------------------------------

    Second, in the event the Closing Settlement Period is invalid and a
Closing VWAP cannot be determined, the index calculator will then roll
the Closing Settlement Period forward by one second and determine if
there is a One Second VWAP for each of the thirty-two NDX option series
for all 300 consecutive seconds of the new Closing Settlement Period.
If there is a One Second VWAP for all of the thirty-two NDX option
series for all 300 consecutive seconds, a Closing VWAP will be
calculated. If a One Second VWAP is not present for all of the thirty-
two NDX option series during the new observation period, the index
calculator will again roll the Closing Settlement Period forward by one
second. The index calculator would continue to roll the Closing
Settlement Period forward by one second until such time as it is able
to capture a One Second VWAP for each of the thirty-two NDX option
series for all 300 consecutive seconds. At that time, a Closing VWAP
will be calculated.
    The proposal seeks to create an automated, non-discretionary
process by which the Exchange would determine the Closing VWAP in the
event any of the thirty-two underlying NDX component options do not
have a trade/quote during the Closing Settlement Period. By creating an
automated process, the Closing VWAP would be calculated consistently
with the proposed rule. The Exchange does not anticipate utilizing the
alternative Closing VWAP calculation on a regular basis. In fact, a
review of 43 expiration dates \11\ from January 2018 through July 2021
revealed invalid values for only 2 expiration dates.\12\ On both of the
expiration dates, the Exchange would have obtained a One Second VWAP
for

the component by looking forward because the look back did not contain
a quote for the component that was missing a One Second VWAP.
---------------------------------------------------------------------------

    \11\ The Exchange reviewed the 9,660 NBBO inputs for the VOLS
computation from 9:32.01 for the five minute Closing Settlement
Period for each expiration date.
    \12\ The expiration dates were March 18, 2020 and June 17, 2020.
The Exchange notes that the options industry experience
unprecedented volumes in 2020.
---------------------------------------------------------------------------

    In the event of a trading halt in one or more options, excluding a
trading halt in all Nasdaq-100 index options, prior to the completion
of the Closing Settlement Period, the Exchange would continue to look
back for a One Second VWAP prior to looking forward. The Exchange
believes that it is important to maintain a consistent process for
obtaining missing values for the Closing VWAP. As noted above, the
Exchange does not believe the alternative method would be utilized with
any frequency, rather it should be utilized infrequently. In the event
a trading halt caused Market Makers to not submit a Valid Width Quote
in certain components during the Opening Process,\13\ the alternative
methodology would look forward to obtain a value. Also, the Exchange
would utilize a quote from the Opening Process only in the event an
options series was able to open. If the Opening Process did not
complete for an options series, there would be no value to obtain for a
component during a look back.\14\
---------------------------------------------------------------------------

    \13\ The Phlx Opening Process is described within Options 3,
Section 8.
    \14\ The Closing Settlement Period occurs within seconds of the
completion of the Opening Process.
---------------------------------------------------------------------------

    Today, Options 4A, Section 12(b)(6)(D)(II) provides, ``If the
Exchange is unable to publish a settlement value by 12:00 p.m. (New
York time) due to a trading halt, the Exchange will commence the
calculation of the settlement window beginning 2.00.01 minutes after
the re-opening of trading and publish that value on its website.'' \15\
The Exchange proposes to replace this rule text with language which
provides, ``In the event of a trading halt in all Nasdaq-100 index
options, the Exchange would commence the calculation of the settlement
window beginning 2:00:01 \16\ minutes after the re-opening of trading
and publish that value on its website. In this scenario, the Exchange
would not look back prior to the trading halt.'' The Exchange's
proposal amends the current sentence to eliminate the 12:00 p.m.
timeframe which does not consider all possible scenarios. A re-opening
could occur anytime during the trading day. Further, specifically
indicating a trading halt of the Nasdaq-100 index options in the rule
text is more precise as the impact to the Nasdaq-100 index options is a
direct concern for VOLQ. The proposed language more directly expands
upon the manner in which the Closing VWAP will be handled in the event
of a trading halt.
---------------------------------------------------------------------------

    \15\ See Phlx Options 4A, Section 12(b)(6)(D).
    \16\ The time when the Exchange will commence the calculation of
the settlement window was corrected from 2.00.001 minutes to 2:00:01
minutes. The calculation begins on the second.
---------------------------------------------------------------------------

    While the Exchange believes that the Volatility Index Closing VWAP
has exceedingly high hurdles for potential manipulation, the proposed
amendments would provide for a Closing Settlement Period, which has
published liquidity for all of the thirty-two NDX option series used
for the Closing VWAP. This proposed amendment would permit the index
calculator to seek a One Second VWAP by first looking back for the most
recent published quote midpoint for that option that had no trade/
quote. In the event the Closing Settlement Period is invalid and a
Closing VWAP cannot be determined, the index calculator will then
continuously roll the Closing Settlement Period forward by one second
until there is a One Second VWAP for all of the thirty-two NDX option
series for all 300 consecutive seconds. This proposed change is
designed to ensure that all thirty-two NDX components have a One Second
VWAP for the calculation of the Closing VWAP.
    For example, assume that during the first 59 seconds of the
observation period, beginning at 9:32:01 a.m., all thirty-two NDX
option components had a One Second VWAP. During the 60th second, the
required NDX component June 18, 2021 14,100 call does not have a trade
and has a market of $0.00 bid @$0.00 offer. The index calculator would
look back to the most recent quote, which occurred at 09:32:57 a.m. and
would use that quote in the calculation to determine a One Second VWAP
for the 60th second (09:33:00 a.m.). However, if during the look back,
no quote has occurred since market open, the observation period up to
and including the 60th second would be considered invalid and the new
observation period would begin with the next second. In that case, the
new observation period would begin at 09:33:01 a.m. and would continue
for 300 seconds as long as there is a One Second VWAP which can be
determined for all 32 NDX component options.
    During the scenario above, if during the 58th, 59th, and 60th
second, the required NDX component June 18, 2021 14,100 call does not
have a trade and has a market of $0.00 bid @$0.00 offer, then the index
calculator would look back to the most recent quote which occurred at
09:32:57 a.m. and would use that value in the calculation to determine
the One Second VWAP for the 58th, 59th, and 60th second.
    The Exchange believes that its proposal would ensure that the
Closing VWAP is calculated using options with sufficient liquidity for
each of the thirty-two NDX components by seeking component values that
are represented by trades and/or quotes. The Exchange believes that
initially looking back for the most recent published quote midpoint for
that option will ensure an efficient price for that option
component.\17\ If the Exchange is unable to obtain a One Second VWAP
for any of the thirty-two NDX option series during the Closing
Settlement Period, the Exchange will invalidate the Closing Settlement
Period and move on to calculate the Closing VWAP utilizing a forward
rolling observation period of one second.
---------------------------------------------------------------------------

    \17\ The Exchange's calculation is dependent upon values for the
32 component options.
---------------------------------------------------------------------------

    The Exchange believes rolling the Closing Settlement Period forward
by one second to obtain a One Second VWAP for each of the thirty-two
NDX option series for all 300 consecutive seconds of the new
observation period would ensure that the Closing VWAP is calculated
using sufficient liquidity for each of the thirty-two NDX components by
seeking trades and/or quotes in a new observation period. Utilizing a
one second period of time to acquire a new observation window would
allow the Exchange to utilize an observation window closest in time to
the original window. Also, moving forward in increments of one second,
as necessary, would serve to methodically move through the trading day
for a potential observation window that would satisfy the Exchange's
liquidity requirements. This method would continue to assess the entire
field of NDX options prices each second to select specific listed NDX
options to obtain the prices of synthetic precisely at-the-money
options. As with the initial Closing Settlement Period, since the
market is subject to constant change during three hundred individual
one-second time periods for which listed options will be included in
Closing VWAP, market participants cannot predict which option
components will be included because that would entail predicting where
the NDX price level (a function of predicting the price of all one-
hundred component stocks) will be at the end of each of the three
hundred individual one-second time periods. In addition, the Exchange
notes that the look back period would likely not be subject to
manipulation as the historical information would only be utilized in

the event that liquidity was unavailable in the original observation
window, which contains options components, which cannot be predicted.
    The Exchange reiterates that it is unlikely that the Volatility
Index Closing VWAP could be manipulated. In particular, because the
thirty-two component Volatility Index option inputs \18\ are reviewed
each second as the market changes to determine the at-the-money strikes
(meaning that Volatility Index components could change 300 times during
the Closing Settlement Period), market participants could manipulate
the Closing VWAP only if they could replicate such value by guessing
exact market moves over an extended period of 300 million microseconds.
Because the likelihood of replication is extremely low, the Exchange
believes that it is unlikely the Closing VWAP could be manipulated.
---------------------------------------------------------------------------

    \18\ The Exchange notes that due to the number of proposed
components, the mathematical formula would prevent the Volatility
Index from exceeding 12.5% in any single component and 43.5% for the
top 5 components.
---------------------------------------------------------------------------

    Nonetheless, the Exchange, in its normal course of surveillance,
will monitor for any potential manipulation of the Volatility Index
settlement value according to the Exchange's current procedures.
Additionally, the Exchange would monitor the integrity of the
Volatility Index by analyzing trades, quotations, and orders that
affect any of the 300 calculated reference prices for any of the NDX
option series used for the Closing VWAP for potential manipulation on
the Exchange.
    Finally, the Exchange proposes to amend the term ``executed
orders'' at Options 4A, Section 12, (b)(6)(D)(II) which currently
provides, ``Executed orders shall include simple orders and complex
orders however, individual leg executions of a complex order will only
be included if the executed price of the leg is at or within the
NBBO.'' The Exchange proposes to instead provide, ``Executed orders
shall include simple orders and complex orders (excluding out-of-
sequence and late trades), however, individual leg executions of a
complex order will only be included if the executed price of the leg is
at or within the NBBO.'' The Exchange desires to exclude out-of-
sequence and late trades to avoid potential stale data in the Closing
VWAP calculation.
Implementation
    The Exchange proposes to issue an Options Trader Alert announcing
the day it will launch options on Nasdaq-100 Volatility Index. The
Exchange initially indicated that it would launch these options by Q3
2021.\19\ At this time, the Exchange proposes to launch VOLQ options on
or before March 31, 2022.
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 91781 (May 5,
2021), 86 FR 25918 (May 11, 2021) (SR-PHLX-2020-41) (Notice of
Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1
and 2, To List and Trade Options on a Nasdaq-100 Volatility Index).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\20\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\21\ in particular, in that it will permit options
trading in the Volatility Index pursuant to rules designed to prevent
fraudulent and manipulative acts and practices and promote just and
equitable principles of trade by amending its Volatility Index to
create additional alternative observations periods to arrive at a
Closing VWAP in the event that any of the thirty-two NDX option series
used for Closing VWAP do not have a One Second VWAP during the five
minute Closing Settlement Period. Phlx's proposal to amend the Closing
VWAP by proposing alternate observations periods would ensure a Closing
Settlement Period which has published liquidity for all of the thirty-
two NDX option series used for Closing VWAP. The Exchange notes that
this alternate methodology may be utilized where there is no liquidity
in any of the thirty-two NDX option series used for Closing VWAP. This
may be caused by an Exchange system issue, market maker issue, or some
news or halt in an underlying.
---------------------------------------------------------------------------

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

    The proposal would promote just and equitable principles of trade
by creating an automated, non-discretionary process by which the
Exchange would determine the Closing VWAP in the event any of the
thirty-two underlying NDX component options do not have a trade/quote
during the Closing Settlement Period. The Closing VWAP would be
calculated consistently. The Exchange anticipates the alternative
Closing VWAP calculation would be utilized infrequently. In the event
of a trading halt in one or more options, excluding a trading halt in
all Nasdaq-100 index options, prior to the completion of the Closing
Settlement Period, the Exchange's proposal to look back for a One
Second VWAP, prior to looking forward, is consistent with the Act
because the Exchange's process would be consistent for obtaining
missing values for the Closing VWAP. Also, in the event a trading halt
caused Market Makers to not submit a Valid Width Quote in certain
components during the Opening Process, the alternative methodology
would look forward to obtain a value. Also, the Exchange would utilize
a quote from the Opening Process only in the event an options series
was able to open. If the Opening Process did not complete for an
options series, there would be no value to obtain for a component
during a look back.\22\
---------------------------------------------------------------------------

    \22\ The Closing Settlement Period occurs within seconds of the
completion of the Opening Process.
---------------------------------------------------------------------------

    This method would continue to assess the entire field of NDX
options prices each second to select specific listed NDX options to
obtain the prices of synthetic precisely at-the-money options. As with
the initial settlement window, since the market is subject to constant
change during three hundred individual one-second time periods for
which listed options will be included in Closing VWAP, market
participants cannot predict which options components will be included
because that would entail predicting where the NDX price level (a
function of predicting the price of all one-hundred component stocks)
will be at the end of each of the three hundred individual one-second
time periods. The Exchange reiterates that it is unlikely that the
Volatility Index Closing VWAP could be manipulated. In particular,
because the thirty-two component Volatility Index option inputs are
reviewed each second as the market changes to determine the at-the-
money strikes (meaning that Volatility Index components could change
300 times during the settlement period), market participants could
manipulate the Closing VWAP only if they could replicate such value by
guessing exact market moves over an extended period of 300 million
microseconds. Because the likelihood of replication is extremely low,
the Exchange believes that it is unlikely the Closing VWAP could be
manipulated. Similarly, with respect to the look back period, it would
be unlikely that manipulation could occur as the historical information
would only be utilized in the event that liquidity was unavailable in
the original observation window, which contains options components
which cannot be predicted. Nonetheless, the Exchange, in its normal
course of surveillance, will monitor for any potential manipulation of
the Volatility Index Closing VWAP and monitor the integrity of the
Volatility Index by analyzing trades, quotations, and orders that
affect any of the 300 calculated reference prices for

any of the NDX option series used for the Closing VWAP for potential
manipulation on the Exchange.
    Utilizing a time period of one second to acquire a new observation
window would allow the Exchange to utilize an observation window
closest in time to the original window. Also, moving forward in
increments of one second, as necessary, would serve to methodically
move through the trading day for a potential observation window that
would satisfy the Exchange's liquidity requirements.
    The Exchange's proposal to amend the term ``executed orders'' to
exclude out-of-sequence and late trades is consistent with the Act as
these values may represent potential stale data in the Closing VWAP
calculation. The Exchange believes the midpoint better reflects the
price of a component.
    Finally, the Exchange's proposal to amend current Options 4A,
Section 12(b)(6)(D)(II) to remove the 12:00 p.m. deadline for
publishing a settlement value is consistent with the Act because a re-
opening could occur anytime during the trading day and, therefore,
citing specifically to a 12:00 p.m. timeframe does not consider all
possible scenarios. Further, specifically indicating a trading halt of
the Nasdaq-100 index options in the rule text is more precise as the
impact to the Nasdaq-100 index options is a direct concern for VOLQ.
The proposed language more directly expands upon the manner in which
the Closing VWAP will be handled in the event of a trading halt.

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange notes that the proposed alternative observation
windows will facilitate the listing and trading of the Volatility Index
by ensuring liquidity for each of the option components. The proposed
structure will enhance competition among market participants, to the
benefit of investors and the marketplace.

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

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the 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-Phlx-2021-56 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2021-56. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2021-56 and should be submitted on
or before October 28, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21869 Filed 10-6-21; 8:45 am]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. I smoked 2 packs of cigarettes a day for 45 years. Over the years, I tried patches, gum, pills, and even tried what I called brain washing in my failed attempts to quit. The first e-cig I tried was the turning point. I haven’t had a cigarette since and have been “smoke free” for 9 months now. I have cut my nicotine down from 18 mg to 10 mg and will cut it down further as I progress. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Notices]
[Page 57014]
[DOCID:fr17se10-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-2515-000]

Alta Wind IV, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

September 10, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Alta Wind IV, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 30, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23219 Filed 9-16-10; 8:45 am]
BILLING CODE 6717-01-P