[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Notices]
[Pages 2741-2742]
[FR Doc No: 2011-671]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63677; File No. SR-C2-2011-001]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated:
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to PULSe Fees

January 7, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 3, 2011, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the
Exchange. The Exchange has designated this proposal as one establishing
or changing a due, fee, or other charge imposed by the Exchange under
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    1 15 U.S.C. 78s(b)(1).
    2 17 CFR 240.19b-4.
    3 15 U.S.C. 78s(b)(3)(A)(ii).
    4 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule to extend a fee
waiver related to the PULSe workstation. The text of the proposed rule
change is available on the Exchange's Web site (http://www.cboe.org/legal), at the Exchange's Office of the Secretary and at the
Commission.

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, Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to extend a fee waiver
related to the PULSe workstation.
    By way of background, the PULSe workstation is a front-end order
entry system designed for use with respect to orders that may be sent
to the trading systems of C2. In addition to providing the capability
to send orders to the C2 market, the PULSe workstation will also
provide a user with the capability to send options orders to other U.S.
options exchanges and stock orders to other U.S. stock exchanges
through a PULSe Routing Intermediary.\5\
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    \5\ For a more detailed description of the PULSe workstation and
its other functionalities, see, e.g., Securities Exchange Act
Release No. 63246 (November 4, 2010), 75 FR 69478 (November 12,
2010)(SR-C2-2010-007).
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    The purpose of this proposed rule change is to extend the waiver of
the PULSe Routing Intermediary fee. Currently the Exchange has waived
the Routing Intermediary fee through December 31, 2010. The Exchange is
proposing to extend this waiver through March 31, 2011. Thus this fee
will be assessed beginning April 1, 2011.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\6\ in general, and furthers the objectives of Section 6(b)(4) of
the Act,\7\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
C2 Permit Holders in that the same fee waivers are

applicable to all users of the PULSe workstation.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
\9\ thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-C2-2011-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2011-001. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2011-001 and should be
submitted on or before February 4, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-671 Filed 1-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65872-65874]
[FR Doc No: 2019-25839]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87600; File No. SR-CboeBZX-2019-098]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Paragraph (a) of Rule 11.1 To Allow the Exchange To Accept Stop Orders
Entered Between 6:00 and 7:00 a.m. Eastern Time

November 22, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 19, 2019, Cboe BZX Exchange, Inc. (``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared

by the 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

    Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to amend paragraph (a) of Rule 11.1 to allow the
Exchange to accept Stop Orders entered between 6:00 and 7:00 a.m.
Eastern Time. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend paragraph (a) of Rule 11.1 to allow
the Exchange to accept Stop Orders \3\ entered between 6:00 and 7:00
a.m. Eastern Time.
---------------------------------------------------------------------------

    \3\ A Stop Order is an order that becomes a BZX market order
when the stop price is elected. A Stop Order to buy is elected when
the consolidated last sale in the security occurs at, or above, the
specified stop price. A Stop Order to sell is elected when the
consolidated last sale in the security occurs at, or below, the
specified stop price. See Exchange Rule 11.9(c)(16).
---------------------------------------------------------------------------

    Paragraph (a) of Rule 11.1 provides that orders entered between
6:00 a.m. and 7:00 a.m. Eastern Time are not eligible for execution
until the start of the Early Trading Session,\4\ Pre-Opening Session
\5\ or Regular Trading Hours,\6\ depending on the Time in Force
selected by the User.\7\ Paragraph (a) also provides that the Exchange
will not accept certain orders \8\ entered prior to 7:00 a.m. Eastern
Time including BZX Market Orders \9\ that are not Eligible Auction
Orders as defined in Rule 11.23(a)(8).\10\ BZX Market Orders that are
not Eligible Auction Orders are rejected by the Exchange prior to 7:00
a.m. Eastern Time because BZX Market Orders are not eligible to trade
prior to the start of Regular Trading Hours and such orders are
generally not designated to queue for later entry onto the Exchange's
order book. Rather, BZX Market Orders that are not Eligible Auction
Orders are designed to immediately execute at the NBBO when the order
reaches the Exchange, and thus are generally intended for entry during
a trading session where continuous trading is occurring. Alternatively,
other order types and modifiers, such as BZX Market Orders with a Time
in Force of RHO and Limit Orders,\11\ including Stop Limit Orders,\12\
are allowed for entry on the Exchange between 6:00 and 7:00 a.m.
Eastern Time as those order types and modifiers are consistent with an
order designated to queue for later entry on to the Exchange's order
book. Specifically, any RHO order entered prior to the Opening Auction
meets the definition of an Eligible Auction Order,\13\ and BZX Market
Orders with a Time in Force of RHO are effectively for use in the
Opening Auction and are cancelled if not executed in the Opening
Auction.\14\ Therefore, BZX Market Orders with a Time in Force of RHO
would be queued until the start of the regular trading session for
participation in the Opening Auction. Similarly, the stop price of a
Stop Limit Order can only be triggered by a consolidated last sale
eligible trade.\15\ Therefore, a Stop Limit Order would be queued until
the time the stop price of the order is triggered by a consolidated
last sale eligible trade occurring Regular Trading Hours.
---------------------------------------------------------------------------

    \4\ See Exchange Rule 1.5(ee).
    \5\ See Exchange Rule 1.5(r).
    \6\ See Exchange Rule 1.5(w).
    \7\ See Exchange Rule 1.5(cc).
    \8\ Specifically, Exchange Rule11.1(a) provides that BZX Post
Only Orders, Partial Post Only at Limit Orders, Intermarket Sweep
Orders (``ISOs''), BZX Market Orders that are not Eligible Auction
Orders as defined in Rule 11.23(a)(8), Minimum Quantity Orders that
also include a Time in Force of Regular Hours Only, and all orders
with a Time in Force of Immediate-or-Cancel (``IOC'') or Fill-or-
Kill (``FOK'') are not accepted if entered prior to 7:00 a.m.
Eastern Time.
    \9\ A BZX Market Order is an ``order to buy or sell a stated
amount of a security that is to be executed at the NBBO when the
order reaches the Exchange. BZX market orders shall not trade
through Protected Quotations. . .BZX Market Orders are not eligible
for execution during the Early Trading Session, Pre-Opening Session
or the After Hours Trading Session.'' See Exchange Rule 11.9(a)(2).
    \10\ Exchange Rule 11.23(a)(8) provides that the term `Eligible
Auction Order' means any Market on Open (``MOO''), Limit on Open
(``LOO''), Late Limit on Open (``LLOO''), Market on Close (``MOC''),
Limit on Close (``LOC''), or Late Limit on Close (``LLOC'') order
that is entered in compliance with its respective cutoff for an
Opening or Closing Auction, any Regular Hours Only (``RHO'') order
prior to the Opening Auction, any limit or market order not
designated to exclusively participate in the Closing Auction entered
during the Quote-Only Period of an IPO Auction subject to the below
restrictions, and any limit or market order not designated to
exclusively participate in the Opening or Closing Auction entered
during the Quote-Only Period of a Halt Auction.''
    \11\ A Limit Order is an ``order to buy or sell a stated amount
of a security at a specified price or better.'' See Exchange Rule
11.9(a)(1).
    \12\ A Stop Limit Order is ``an order that becomes a limit order
when the stop price is elected. A Stop Limit Order to buy is elected
when the consolidated last sale in the security occurs at, or above,
the specified stop price. A Stop Limit Order to sell becomes a sell
limit order when the consolidated last sale in the security occurs
at, or below, the specified stop price.'' See Exchange Rule
11.9(c)(17).
    \13\ See supra note 12.
    \14\ An order with a Time in Force of RHO is a limit or market
order that is designated for execution only during Regular Trading
Hours, which includes the Opening Auction and Closing Auction. See
Exchange Rule 11.9(b)(7).
    \15\ See supra note 11.
---------------------------------------------------------------------------

    As proposed, the amendment would allow the Exchange to accept Stop
Orders entered between 6:00 and 7:00 a.m. Eastern Time, which is
consistent with an order designated to queue for later entry on to the
Exchange's order book. Similar to a Stop Limit Order, the stop price of
a Stop Order can only be triggered by a consolidated last sale eligible
trade.\16\ Therefore, a Stop Order can only become a BZX Market Order
after at least the start of Regular Trading Hours. Further, Stop Orders
entered on the Exchange between 6:00 and 7:00 a.m. Eastern Time would
behave similar to Stop Limit Orders between the time of entry up to at
least the start of Regular Trading Hours.
---------------------------------------------------------------------------

    \16\ See supra note 3.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\17\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \18\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,

clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As discussed above, all Stop Orders are designed to queue until at
least the start of Regular Trading Hours as such orders are only
eligible to be elected based on the consolidated last sale set during
Regular Trading Hours. Therefore, the proposed amendment to allow the
entry of Stop Orders between 6:00 and 7:00 a.m. Eastern Time would not
allow such Stop Orders to be elected and execute prior to the start of
Regular Trading Hours. Prior to the start of Regular Trading Hours,
Stop Orders entered between 6:00 and 7:00 a.m. Eastern Time would
behave similar to Stop Limit Orders entered during that time.
Therefore, the Exchange believes the proposed amendment would
consistently allow order types and modifiers that are consistent with
orders designated to queue to be entered on the Exchange between 6:00
and 7:00 a.m. Eastern Time.
    Additionally, the Exchange believes the proposed amendment would
allow Members the convenience to enter all Stop Orders and Stop Limit
Orders between 6:00 and 7:00 a.m. Eastern Time without those orders
being eligible for election, and consequently execution, until at least
the start of the Regular Trading Hours. Thus, the proposed amendment
would provide Members with both greater convenience and flexibility in
managing their Stop Orders and Stop Limit Orders without impacting how
those orders trade.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Rather, the proposed rule
change would consistently allow for the entry of order types and
modifiers that are designated to queue between 6:00 and 7:00 a.m.
Eastern Time. Stop Limit Orders are currently allowed for entry on the
Exchange between 6:00 and 7:00 a.m. Eastern Time and behave similar to
the manner in which a Stop Order would behave prior to the start of
Regular Trading Hours if allowed entry during that time. The Exchange
therefore believes that the proposed rule change would increase
consistency around the operation of the Exchange to the benefit of
Members and investors as well as provide greater flexibility to Members
in managing their Stop Orders, without imposing any significant burden
on competition.

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

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

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \19\ and
Rule 19b-4(f)(6) \20\ thereunder.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2019-098 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2019-098. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2019-098, and should be
submitted on or before December 20, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-25839 Filed 11-27-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Page 50937]
[FR Doc No: 2017-23844]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0100]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
provides the public notice that by an undated letter received on June
9, 2017, Arizona Eastern Railway (AZER) 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
232, Brake System Safety Standards for Freight and Other Non-Passenger
Trains and Equipment; End-of-Train Devices. FRA assigned the petition
Docket Number FRA-2017-0100.
    In its petition, AZER requests a waiver of compliance from the
requirement of 49 CFR 232.215, Transfer train brake tests, at its
Clifton Yard in Clifton, AZ. AZER currently conducts a transfer train
air brake test after doubling outbound rail cars together at the
Clifton Yard. Due to an increase in AZER's traffic in Clifton, train
size has increased from 25 to 40 cars, resulting in the blocking of
multiple public grade crossings for an extended period of time while
conducting air brake tests. AZER proposes to perform a Class III air
brake test per 49 CFR 232.211 on rail cars doubled in Clifton and
operate six miles to the AZER yard at South Siding, where the train
will be profiled and receive a Class I air brake test under 49 CFR
232.205. AZER states its proposal would relieve vehicle congestion on
Coronado Blvd. in Clifton, which would allow for better emergency
access.
    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:
     Web site: 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 December 18, 2017 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.). In
accordance with 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.

    Issued in Washington, DC, on October 26, 2017.
John K. Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-23844 Filed 11-1-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29623-29624]
[FR Doc No: 2017-13596]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2017-52]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, this aspect of the FAA's regulatory activities.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before July 19, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0645
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow

the online instructions for sending your comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>; or Alphonso
Pendergrass, ARM-200, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington.
Victor Wicklund,
Manager, Transport Standards Staff.

Petition for Exemption

    Docket No.: FAA-2017-0645.
    Petitioner: Western Global Airlines.
    Section of 14 CFR Affected: Sec. Sec.  25.785(j), 25.812(e),
25.813(b), 25.857(e), 25.1447(c)(1).
    Description of Relief Sought: Allow for the carriage of up to two
supernumeraries and allowing those supernumeraries in-flight access to
Class E cargo compartment of the McDonnell Douglas Model MD-11F
airplanes.
[FR Doc. 2017-13596 Filed 6-28-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Pages 13895-13897]
[FR Doc No: 2017-05091]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80190; File No. SR-MIAX-2017-11]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Its Fee Schedule Relating to the Professional
Rebate Program

March 9, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on February 28, 2017, Miami International
Securities Exchange LLC (``MIAX Options'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to make adjustments
to its Professional Rebate Program (the ``Program''). Under the
Program, which is set forth in Section (1)(a)(iv) of the Fee Schedule,
the Exchange credits each Member \3\ a per contract amount resulting
from any contracts executed from an order submitted by that Member for
the account of a: (i) Public

Customer \4\ that is not a Priority Customer; \5\ (ii) non-MIAX Options
Market Maker; \6\ (iii) non-Member Broker-Dealer; or (iv) Firm \7\
(each, a ``Professional''), which is executed electronically on the
Exchange in all multiply-listed option classes (excluding, in simple or
complex as applicable, mini-options, non-Priority Customer-to-non-
Priority Customer orders, QCC orders, PRIME orders, PRIME AOC
responses, PRIME contra-side orders, and executions related to
contracts that are routed to one or more exchanges in connection with
the Options Order Protection and Locked/Crossed Market Plan referenced
in MIAX Options Rule 1400 (collectively, ``Excluded Contracts'')),
provided the Member achieves certain Professional volume increase
percentage thresholds in the month relative to a baseline period.
---------------------------------------------------------------------------

    \3\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \4\ The term ``Public Customer'' means a person that is not a
broker or dealer in securities. See Exchange Rule 100.
    \5\ ``Priority Customer'' means a person or entity that (i) is
not a broker or dealer in securities, and (ii) does not place more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial accounts(s). See Exchange Rule
100, including Interpretations and Policies .01.
    \6\ The term ``Market Makers'' refers to Lead Market Makers
(``LMMs''), Primary Lead Market Makers (``PLMMs''), and Registered
Market Makers (``RMMs'') collectively. See Exchange Rule 100. A
Directed Order Lead Market Maker (``DLMM'') and Directed Primary
Lead Market Maker (``DPLMM'') is a party to a transaction being
allocated to the LMM or PLMM and is the result of an order that has
been directed to the LMM or PLMM. See Fee Schedule note 2.
    \7\ A ``Firm'' fee is assessed on a MIAX Electronic Exchange
Member ``EEM'' that enters an order that is executed for an account
identified by the EEM for clearing in the Options Clearing
Corporation (``OCC'') ``Firm'' range. See Fee Schedule, Section
(1)(a)ii.
---------------------------------------------------------------------------

    The percentage thresholds in each tier are based upon the increase
in the total volume submitted by a Member and executed for the
account(s) of a Professional on MIAX Options (not including Excluded
Contracts) during a particular month, as a percentage of the total
volume reported by OCC in MIAX Options classes during the same month
(the ``Current Percentage''), less the total volume submitted by that
Member and executed for the account(s) of a Professional on MIAX
Options (not including Excluded Contracts) during the fourth quarter of
2015 as a percentage of the total volume reported by OCC in MIAX
Options classes during the fourth quarter of 2015 (the ``Baseline
Percentage''). For Members who did not execute contracts for the
account(s) of a Professional during the fourth quarter of 2015, the
Exchange currently assigns such Member a Baseline Percentage of .03%.
The Member's percentage increase is calculated as the Current
Percentage less the Baseline Percentage. Members receive rebates for
contracts that they submit on behalf of a Professional(s) that are
executed within a particular percentage tier based upon that percentage
tier only, and do not receive rebates for such contracts that apply to
any other tier.
    The purpose of the Program is to encourage Members to direct
greater Professional order flow to the Exchange. Increased Professional
order flow provides for greater liquidity, which benefits all market
participants. The practice of incentivizing increased retail customer
order flow in order to attract liquidity is, and has been, commonly
practiced in the options markets. As such, marketing fee programs,\8\
and customer posting incentive programs,\9\ are based on attracting
public customer order flow.\10\
---------------------------------------------------------------------------

    \8\ See MIAX Fee Schedule, Section 1(b).
    \9\ See NYSE Arca, Inc. Fees Schedule, page 4 (section titled
``Customer Monthly Posting Credit Tiers and Qualifications for
Executions in Penny Pilot Issues'').
    \10\ For a complete description of the Program, see Securities
Exchange Act Release Nos. 77097 (February 9, 2016), 81 FR 7877
(February 16, 2016) (SR-MIAX-2016-05); 77777 (May 6, 2016), 81 FR
29603 (May 12, 2016) (SR-MIAX-2016-09); 79157 (October 26, 2016), 81
FR 75885 (November 1, 2016) (SR-MIAX-2016-38).
---------------------------------------------------------------------------

    The Exchange now proposes to adjust the method of calculating the
Baseline Percentage, for purposes of determining whether the Member
qualifies for rebates under the Program. Pursuant to the new
calculation, the Baseline Percentage shall now be the greater of (x)
total volume submitted by that Member and executed for the account(s)
of a Professional on MIAX Options (not including Excluded Contracts)
during the fourth quarter of 2015 as a percentage of the total volume
reported by OCC in MIAX Options classes during the fourth quarter of
2015, and (y) 0.065%. The Exchange also proposes to change the default
Baseline Percentage (for Members who did not execute contracts for the
account(s) of a Professional during the fourth quarter of 2015) to
0.065%, so that it is consistent with the new calculation method.
    The purpose for making these adjustments is to update the Program
to better reflect the Exchange's current operating environment and
business strategy. It is intended to continue to incentivize Members to
send a greater amount of Professional order flow to the Exchange so
that they can achieve rebates under the Program, as adjusted and in
line with current market conditions. The Baseline Percentage and other
thresholds amounts contained in the Program were initially established
over a year ago, and thus were based on the then-current business and
economic conditions. The Exchange believes that a number of events have
occurred and certain business factors have change since the
establishment of the Program (including, but not limited to, the launch
of complex orders on the Exchange), and thus the Exchange believes it
is reasonable and appropriate to update the Program to align it with
current economic conditions and business strategy. The Exchange notes
that the Baseline Percentage definition is also used as a factor for
determining whether a Member qualifies for certain additional credits
under the Exchange's Priority Customer Rebate Program (``PCRP''), which
is contained in Section (1)(a)(iii) of the Exchange's Fee Schedule, and
the Exchange incorporated this indirect impact into its determination
as well. As overall market conditions continue to evolve, the Exchange
will continue to analyze and re-assess the calculation of the Baseline
Percentage and other threshold amounts contained in the Program, and if
its analysis justifies a further change, the Exchange will submit a
proposed rule change reflecting this.
    The credits paid out as part of the program will be drawn from the
general revenues of the Exchange.\11\ The proposed rule change is to
take effect March 1, 2017.
---------------------------------------------------------------------------

    \11\ Despite providing credits under the Program, the Exchange
represents that it will continue to have adequate resources to fund
its regulatory program and fulfill its responsibilities as a self-
regulatory organization during the limited period that the Program
will be in effect.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule
is consistent with Section 6(b) of the Act \12\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \13\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to the Program are
fair, equitable and not unreasonably discriminatory. The Program itself
is reasonably designed because it encourages providers of Professional
order flow to send that Professional order flow to the Exchange in
order to receive credits, in a manner that enables the Exchange to
improve its overall competitiveness and strengthen its market quality
for all market participants. The proposed changes to the Program are
fair and equitable and

not unreasonably discriminatory because they apply equally to all
Members submitting orders for the account(s) of Professionals. All
similarly situated Professional orders are subject to the same rebate
schedule, and access to the Exchange is offered on terms that are not
unfairly discriminatory. In addition, the proposed changes to the
Program are equitable and not unfairly discriminatory because, while
only Professional order flow qualifies for the Program, an increase in
Professional order flow will bring greater volume and liquidity, which
benefit all market participants by providing more trading opportunities
and tighter spreads. Similarly, offering increasing credits to Members
for submitting and executing higher percentages of total national
customer volume (increased credit rates at increased volume tiers) is
equitable and not unfairly discriminatory because such increased rates
and tiers encourage Members to direct increased amounts of Professional
contracts to the Exchange.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
believes that the proposed rule change would increase both intermarket
and intramarket competition by incenting Members to direct orders for
the account(s) of Professionals to the Exchange, which should enhance
the quality of the Exchange's markets and increase the volume of
contracts traded here. To the extent that this purpose is achieved, all
the Exchange's market participants should benefit from the improved
market liquidity. Enhanced market quality and increased transaction
volume that results from the anticipated increase in order flow
directed to the Exchange will benefit all market participants and
improve competition on the Exchange. The Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. The Exchange
believes that the proposed rule change reflects this competitive
environment because it reduces the Exchange's fees through rebates in a
manner that encourages market participants to direct their customer
order flow, to provide liquidity, and to attract additional transaction
volume to the Exchange. Given the robust competition for volume among
options markets, many of which offer the same products, implementing a
volume increase based rebate program to attract order flow like the one
being proposed in this filing is consistent with the above-mentioned
goals of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\14\ and Rule 19b-4(f)(2) \15\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-MIAX-2017-11 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-MIAX-2017-11. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2017-11, and should be
submitted on or before April 5, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05091 Filed 3-14-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Rules and Regulations]
[Page 54818-54820]
[DOCID:fr27se07-6]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 157

[Docket No. RM06-7-002; Order No. 686-B]

Revisions to the Blanket Certificate Regulations and
Clarification Regarding Rates

Issued September 20, 2007.
AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule; order on rehearing.

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SUMMARY: On June 22, 2007, the Commission issued an Order on Rehearing
and Clarification in response to motions seeking rehearing and
clarification of an October 19, 2006 Final Rule. The Final Rule
expanded the scope and scale of activities that may be undertaken
pursuant to blanket certificate authority and clarified Commission rate
policy. The revised regulations allow interstate natural gas pipelines
to employ the streamlined blanket certificate procedures for larger
projects and for a wider variety of projects, thereby increasing
efficiencies, and decreasing the time and cost associated with the
construction and maintenance of the nation's natural gas
infrastructure. This order grants a request for rehearing of the June
22, 2007 Order.

DATES: Effective Date: This final rule will become effective October
29, 2007.

FOR FURTHER INFORMATION CONTACT:
Gordon Wagner, Office of the General Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426,
<EMAIL_ADDRESS>(202) 502-8947.

Michael McGehee, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426,
<EMAIL_ADDRESS>(202) 502-8962.

Lonnie Lister, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426,
<EMAIL_ADDRESS>202-502-8587.

SUPPLEMENTARY INFORMATION:
    Before Commissioners: Joseph T. Kelliher, Chairman; Suedeen G.
Kelly, Marc Spitzer, Philip D. Moeller, and Jon Wellinghoff.

Revisions to the Blanket Certificate Regulations and Clarification
Regarding Rates; Order on Rehearing

I. Introduction

    1. On October 19, 2006, the Federal Energy Regulatory Commission
(Commission) issued a Final Rule in Order No. 686 \1\ amending Part
157, Subpart F, of its regulations to expand the scope and scale of
activities that may be undertaken pursuant to blanket certificate
authority by (1) Broadening the types of natural gas projects permitted
under blanket certificate authority to include certain mainline,
storage, and liquefied natural gas (LNG) and synthetic gas pipeline
facilities, and (2) increasing the blanket certificate project cost
limits from $8,200,000 to $9,600,000 for automatic authorization
projects and from $22,700,000 to $27,400,000 for prior notice
projects.\2\ In addition, Order No. 686 clarified that a natural gas
company is not necessarily engaged in an unduly discriminatory practice
if it charges different customers different rates for the same service
when those customers commit to service on different dates. The revised
blanket certificate regulations are intended to allow interstate
natural gas companies to employ the streamlined blanket certificate
procedures for larger projects and additional types of projects,
thereby increasing efficiencies and decreasing the time and cost
associated with the construction and maintenance of the nation's
natural gas infrastructure. On June 22, 2007, the Commission issued an
order in response to motions seeking rehearing and clarification of the
October 2006 Final Rule.\3\ In this order, for the reasons discussed
below, the Commission grants a request for rehearing of the June 2007
Order.
---------------------------------------------------------------------------

    \1\ Order No. 686, Revisions to the Blanket Certificate
Regulations and Clarification Regarding Rates, 71 FR 63680 (October
31, 2006), FERC Stats & Regs ] 31,231 (2006). This rulemaking
proceeding was initiated in response to a petition submitted under
18 CFR 385.207(a) (2007) of the Commission's regulations by the
Interstate Natural Gas Association of America jointly with the
Natural Gas Supply Association.
    \2\ These cost limits now stand at $9,900,000 for an automatic
authorization project and $28,200,000 for a prior notice project.
See Natural Gas Pipelines; Project Cost and Annual Limits, 72 FR
5614 (Feb. 7, 2007).
    \3\ Order No. 686-A, Order on Rehearing and Clarification, 72 FR
37431 (July 10, 2007), FERC Statutes and Regulations ] 31,249 (2007)
(June 2007 Order).
---------------------------------------------------------------------------

II. Request for Rehearing

    2. New Sec.  157.210 permits companies to rely on blanket
certificate authority to ``acquire, construct, modify, replace, and
operate natural gas mainline facilities, including compression and

looping.'' Revised Sec.  157.216(b)(2) provides for the abandonment of
such facilities. The Interstate Natural Gas Association of America
(INGAA) asked the Commission to clarify whether the Final Rule's
revised Sec.  157.216(b)(2) abandonment provisions would apply
exclusively to mainline facilities put in place under the new Sec.
157.210 or would also apply to mainline facilities already in place.
    3. In its June 2007 Order, the Commission stated that facilities
which were constructed under case-specific certificate authorization,
but which would have met the criteria for construction under the
current blanket certificate program, may be abandoned pursuant to the
provisions Sec.  157.216(b). The Commission stated that in considering
whether existing facilities would have met the criteria for blanket
certificate authorization, ``the facilities must have been installed
subsequent to the Commission's implementation of the blanket
certificate program and the facilities' original cost must have met the
Sec.  157.208 project cost cap in effect at the time of their
construction.''
    4. INGAA requests rehearing of the June 2007 Order to ask the
Commission to remove this qualification because it precludes Sec.
157.216 abandonment of facilities put in place prior to 1982, i.e., the
year the blanket certificate program was initiated. INGAA notes that
the Commission did not impose the qualification that the project cost
not exceed the blanket certificate cost cap in effect at the time of
construction with respect to its 1999 expansion of the blanket
certificate abandonment provisions to cover gas supply facilities and
services.\4\ INGAA contends rather than comparing the per project cost
cap in effect at the time a facility was constructed with the
facility's actual original cost, to determine whether the blanket
certificate abandonment provisions might apply to an existing facility,
the Commission should compare the per project cost cap currently in
effect with the estimated cost to duplicate the facility today. INGAA
states this approach will permit facilities put in place prior to the
1982 initiation of the blanket certificate program to qualify for
abandonment under the blanket program.
---------------------------------------------------------------------------

    \4\ See Order No. 603, Revision of Existing Regulations under
the Natural Gas Act, 64 FR 26572 (May 14, 1999), FERC Stats. & Regs.
] 31,073 (1999); Order No. 603-A, 64 FR 54522 at 54532-34 (Oct. 7,
1999), FERC Stats. & Regs. ] 31,081 at 30,936 (1999), adopting a
similar approach with respect to automatic abandonments under 18 CFR
157.216(a) (2007).
---------------------------------------------------------------------------

    5. The Commission will grant INGAA's request for rehearing. Instead
of restricting Sec.  157.216 abandonments to facilities put in place
after the effective date of the blanket certificate program and
comparing a facility's original cost to the cost cap in effect at the
time the facility was placed in service, companies will be required to
compare the estimated current cost to replicate an existing facility to
the current Sec.  157.208(d) per project cost cap. This will permit
companies to employ blanket certificate authority to abandon a facility
put in place under case-specific authority, provided the existing
facility could qualify for authorization under the current blanket
program
    6. To effect this expansion of abandonment authority, the
Commission will revise Sec.  157.216(c)(1) and (d)(1) to specify that a
company seeking to rely on its blanket certificate to abandon a
facility which was not initially constructed or acquired under blanket
certificate authority must estimate the current cost to replicate the
facility. Provided the estimated current cost to replicate the facility
would not exceed the currently-effective Sec.  157.208(d) project cost
cap, and provided the existing facility would qualify for authorization
under the currently-effective blanket regulations, the company may rely
on abandonment authority under Sec.  157.216. Note that in calculating
an estimated cost, the Commission anticipates a company will account
for the current values of a facility's various component costs, such as
land acquisition, public outreach, agency involvement, materials,
labor, and environmental mitigation and remediation.\5\ In addition,
the Commission will revise Sec.  157.216(a)(2) and (b)(2) to clarify
that any existing facility that could be constructed or acquired under
the currently-effective blanket certificate program criteria can be
abandoned under blanket certificate authority, provided that, as is
currently the case, the blanket certificate holder obtains the written
consent of each customer served using the facility during the past 12
months.
---------------------------------------------------------------------------

    \5\ See, e.g., the reporting requirements for describing a
project's costs in 18 CFR 157.208(e)(3) (2007). The Commission
suggests a blanket certificate holder contemplating action under 18
CFR 157.216 review the record in this proceeding, which includes
comments on past and present project cost comparisons.
---------------------------------------------------------------------------

    7. In view of the above described revisions to the June 2007 order
and blanket certificate abandonment regulations, INGAA's request for
rehearing is granted.

III. Information Collection Statement

    8. The Office of Management and Budget (OMB) regulations require
that OMB approve certain information collection requirements imposed by
an agency.\6\ The Final Rule's revisions to the information collection
requirements for blanket certificate projects were approved under OMB
Control Nos. 1902-0128 and 1902-0060. While this order on rehearing
clarifies aspects of the existing information collection requirements
for the blanket certificate program, it does not add to these
requirements. Accordingly, a copy of this order will be sent to OMB for
informational purposes only.
---------------------------------------------------------------------------

    \6\ 5 CFR 1320.11 (2007).
---------------------------------------------------------------------------

IV. Document Availability

    9. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and print the contents of this document via the
Internet through FERC's Web site (http://www.ferc.gov) and in FERC's

Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426.
User assistance is available for FERC's Web site during normal business
hours (8:30 a.m. to 5 p.m. Eastern time, Monday to Friday) from FERC's
Online Support at<PHONE_NUMBER>, toll free at 1-866-208-3676, or by e-
mail at<EMAIL_ADDRESS>and from the Public Reference Room
at<PHONE_NUMBER>, TTY at<PHONE_NUMBER>, or by e-mail at
<EMAIL_ADDRESS>

V. Effective Date and Congressional Notification

    10. The modifications made in this request for rehearing will
become effective October 29, 2007. The provisions of 5 U.S.C. 801
regarding Congressional review of rulemaking do not apply to this order
on rehearing, since it clarifies agency procedure and practice.

List of Subjects in 18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.

    By the Commission.
Kimberly D. Bose,
Secretary.

0
In consideration of the foregoing, the Commission amends part 157,
Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT

0
1. The authority citation for part 157 continues to read as follows:

    Authority: 15 U.S.C. 717-717w.

0
2. In Sec.  157.216, paragraphs (a)(2), (b)(2), (c)(1), and (d)(1) are
revised to read as follows:

Sec.  157.216  Abandonment.

    (a) * * *
    (2) A facility that did or could now qualify for automatic
authorization as described in Sec.  157.203(b), provided the
certificate holder obtains the written consent of each customer served
using the facility during the past 12 months.
    (b) * * *
    (2) Any other facility that did or could now qualify for prior
notice authorization as described in Sec.  157.203(c), provided the
certificate holder obtains the written consent of each customer served
using the facility during the past 12 months.
    (c) * * *
    (1) The location, type, size, and length of the subject facilities.
For facilities not constructed or acquired under blanket certificate
authority, an estimate of the current cost to replicate such
facilities;
* * * * *
    (d) * * *
    (1) A description of the facilities abandoned under this section.
For facilities not constructed or acquired under blanket certificate
authority, an estimate of the current cost to replicate such
facilities;
* * * * *
[FR Doc. E7-18904 Filed 9-26-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Page 59484]
[FR Doc No: 2014-23425]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-1268-000.
    Applicants: Dominion Transmission, Inc.
    Description: Sec.  4(d) rate filing per 154.204: DTI--September 23,
2014 Negotiated Rate Agreement to be effective 10/1/2014.
    Filed Date: 9/23/14.
    Accession Number: 20140923-5085.
    Comments Due: 5 p.m. ET 10/6/14.

    Docket Numbers: RP14-1269-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) rate filing per 154.601: Removal of Non
Conforming Agreement with Bill Barrett Corporation to be effective 10/
24/2014.
    Filed Date: 9/23/14.
    Accession Number: 20140923-5116.
    Comments Due: 5 p.m. ET 10/6/14.

    Docket Numbers: RP14-1270-000.
    Applicants: Enable Mississippi River Transmission, L.
    Description: Sec.  4(d) rate filing per 154.403(d)(2): 2014 Fuel
Adjustment Filing to be effective 11/1/2014.
    Filed Date: 9/23/14.
    Accession Number: 20140923-5136.
    Comments Due: 5 p.m. ET 10/6/14.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP14-1172-001.
    Applicants: Steckman Ridge, LP.
    Description: Compliance filing per 154.203: RP14-1172-000
Compliance Filing to be effective 8/6/2014.
    Filed Date: 9/23/14.
    Accession Number: 20140923-5044.
    Comments Due: 5 p.m. ET 10/6/14.
    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: September 24, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23425 Filed 10-1-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31900-31903]
[FR Doc No: 2011-13670]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0408-201132; FRL-9314-1]

Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Alabama,
Georgia, and Tennessee: Chattanooga and Macon; Determination of
Attainment by Applicable Attainment Date for the 1997 Annual Fine
Particulate Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine pursuant to Clean Air Act (CAA),
that the Chattanooga, Tennessee-Georgia, fine particulate
(PM2.5) nonattainment area (hereafter referred to as ``the
Chattanooga Area'') and the Macon, Georgia PM2.5
nonattainment area (hereafter referred to as ``the Macon Area'')
attained the 1997 annual PM2.5 national ambient air quality
standards (NAAQS) by the applicable attainment date of April 5, 2010.
The determinations of attainment were previously proposed by EPA on
March 22, 2011, and were based on quality-assured and certified
monitoring data for the 2007--2009 monitoring period. The Chattanooga
Area is comprised of Hamilton County in Tennessee, Catoosa and Walker
Counties in Georgia, and a portion of Jackson County in Alabama. The
Macon Area is comprised of Bibb County in its entirety and a portion of
Monroe County in Georgia. EPA is now proposing to find that both of the
above-identified areas attained the 1997 annual PM2.5 NAAQS
by their applicable attainment dates. EPA is proposing these actions
because they are consistent with the CAA and its implementing
regulations.

DATES: Comments must be received on or before July 5, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0408, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2011-0408, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2011-0408. 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 through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, 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 cannot read your comment due to
technical difficulties and cannot contact you for clarification, 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
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic 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 Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sara Waterson or Joel Huey of the
Regulatory Development Section, in the Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Sara Waterson may be reached by phone at<PHONE_NUMBER>, or
via electronic mail at<EMAIL_ADDRESS>Joel Huey may be reached
by phone at<PHONE_NUMBER>, or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is taking?
II. What is the background for these actions?
III. What is the air quality for the 1997 annual PM2.5
NAAQS for the 2007-2009 monitoring period?
    A. Chattanooga
    B. Macon
IV. What is the effect of these actions?
V. What are the proposed actions?
VI. Statutory and Executive Order Reviews

 I. What are the actions is EPA taking?

    Based on EPA's review of the quality-assured and certified
monitoring data for 2007-2009, and in accordance with section 179(c)(1)
of the CAA and EPA's regulations, EPA proposes to determine that the
Chattanooga and Macon Areas attained the 1997 annual PM2.5
NAAQS by the applicable attainment date of April 5, 2010.
    On March 22, 2011, EPA published two proposed rulemakings to make
determinations of attainment to suspend the requirements for the
Chattanooga and Macon Areas to submit attainment demonstrations and
associated reasonably available control measures (RACM), reasonable
further progress (RFP) plans, contingency measures, and other planning
State Implementation Plan (SIP) revisions related to attainment of the
1997 annual PM2.5 NAAQS so long as the Areas continue to
attain the 1997 annual PM2.5 NAAQS. See 76 FR 15895 for the
proposed rulemaking related to the Chattanooga Area; see 76 FR 15892
for the proposed rulemaking related to the Macon Area. Those proposed
rulemakings also include useful background information on the
PM2.5 NAAQS relevant to the Chattanooga and Macon Areas. EPA
is moving forward with final action on the proposals to find that the
Chattanooga and Macon Areas are attaining the PM2.5 NAAQS.
Today's proposed actions, however, make determinations that the
Chattanooga and Macon Areas attained the1997 annual PM2.5
NAAQS by the applicable attainment date of April 5, 2010. These actions
are not a re-proposal of the March 22, 2011, attainment determinations
to suspend the requirements for the Chattanooga and Macon Areas to
submit an attainment demonstration and associated RACM, a RFP plan,
contingency measures, and other planning SIP revisions related to
attainment of the standard. Rather, today's actions are simply focused
on the date by which the areas had attaining data.

II. What is the background for these actions?

    As nonattainment areas for the 1997 annual PM2.5 NAAQS,
the Chattanooga and Macon Areas had an applicable attainment date of
April 5, 2010 (based on 2007-2009 monitoring data). Pursuant to section
179(c) of the CAA, EPA is required to make a determination on whether
the Areas attained the standard by their applicable attainment date.
Specifically, section 179(c)(1) of the CAA reads as follows: ``As
expeditiously as practicable after the applicable attainment date for
any nonattainment area, but not later than 6 months after such date,
the Administrator shall determine, based on the area's air quality as
of the attainment date, whether the area attained the standard by that
date.'' Today's action is EPA's proposal that the Chattanooga and Macon
areas attained the annual PM2.5 NAAQS by the applicable
attainment date of April 5, 2010.

III. What is the air quality for the 1997 annual PM2.5 NAAQS
for the 2007-2009 monitoring period?

    Under EPA regulations at 40 CFR 50.7, the 1997 annual primary and
secondary PM2.5 standards are met when the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
Appendix N, is less than or equal to 15.0 [mu]g/m\3\ at all relevant
monitoring sites in the subject area.
    EPA reviewed the ambient air monitoring data for the Chattanooga
and Macon Areas in accordance with the provisions of 40 CFR part 50,
Appendix N. All data considered have been quality-assured, certified,
and recorded in EPA's Air Quality System database. This review
addresses air quality data collected in the 3-year period from 2007-
2009. The 3-year period from 2007-2009 is the period EPA must consider
for areas that had an applicable attainment date of April 5, 2010.

A. Chattanooga

  Table 1--Annual Average Concentrations in the Chattanooga Area (2007-
                                  2009)
------------------------------------------------------------------------
                                                         Annual average
             Site name                   Site No.        concentration
                                                          ([mu]g/m\3\)
------------------------------------------------------------------------
Tombras Avenue....................        47-065-0031               12.6
Soddy Daisy High School...........        47-065-1011               11.7
Siskin Drive......................        47-065-4002               12.7
Rossville.........................        13-295-0002           \1\ 12.3
------------------------------------------------------------------------

    As shown above in Table 1, during the 2007-2009 design period, the
Chattanooga Area met the 1997 annual PM2.5 NAAQS. The
official annual design value for the Chattanooga Area for the 2007-2009
period is 12.7 [mu]g/m\3\. More detailed information on the monitoring
data for the Chattanooga Area during the 2007-2009 design period is
provided in EPA's March 22, 2011, proposed rulemaking to approve the
clean data determination for the Chattanooga Area for the 1997 annual
PM2.5 NAAQS. See 76 FR 15895.
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    \1\ The Rossville site did not meet 75 percent data completeness
for the 2007-2009 time period due to roof replacement and subsequent
relocation of the monitor. Because the site passed data substitution
analysis, the design value for the Area is the highest reading
monitor, which is Tombras Avenue.
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B. Macon

                      Table 2--Annual Average Concentrations in the Macon Area (2007-2009)
----------------------------------------------------------------------------------------------------------------
                                                                              Annual average     Annual average
                                                                              concentration      concentration
                         Site name                             Site No.        ([mu]g/m\3\)    ([mu]g/m\3\) with
                                                                              without  data           data
                                                                               substitution       substitution
----------------------------------------------------------------------------------------------------------------
Macon Allied..............................................     13-021-0007            \2\13.7            \3\14.9
Macon SE..................................................     13-021-0012               12.0            \4\13.3
----------------------------------------------------------------------------------------------------------------

    As shown above in Table 2, during the 2007-2009 design period, the
Macon Area met the 1997 annual PM2.5 NAAQS both with and
without data substitution. The official annual design value for the
Macon Area for the 2007-2009 period is 13.7 [mu]g/m\3\. More detailed
information on the monitoring data for the Macon Area during the 2007-
2009 design period is provided in EPA's March 22, 2011, proposed
rulemaking to approve the clean data determination for the Macon Area
for the 1997 annual PM2.5 NAAQS. See 76 FR 15892.
---------------------------------------------------------------------------

    \2\ Macon Allied design value considers co-located data where
primary data are not available.
    \3\ Macon Allied design value considers data substitution of
58.1 [mu]g/m\3\ for all missing data in 1st quarter of 2008.
    \4\ Macon SE Annual Mean considers data substitution for second
and fourth quarters of 2008 and 3rd quarter of 2009.
---------------------------------------------------------------------------

IV. What is the effect of these actions?

    Today's actions are only proposed determinations that the
Chattanooga and Macon Areas attained the 1997 annual PM2.5
NAAQS by their applicable attainment date of April 5, 2010, consistent
with CAA section 179(c)(1). Finalizing these proposed actions would not
constitute a redesignation of either the Chattanooga or Macon Areas to
attainment of 1997 annual PM2.5 NAAQS under section
107(d)(3) of the CAA. Further, finalizing these proposed actions do not
involve approving maintenance plans for either the Chattanooga or Macon
Areas as required under section 175A of the CAA, nor would it find that
the Chattanooga or Macon Areas have met all other requirements for
redesignation. Even if EPA finalizes today's proposed actions, the
designation status of the Chattanooga and Macon Areas would remain
nonattainment for the 1997 annual PM2.5 NAAQS until such
time as EPA determines that the individual area meets the CAA
requirements for redesignation to attainment and takes action to
redesignate the individual area.

V. What are the proposed actions?

    EPA is proposing to determine, based on quality-assured and
certified monitoring data for the 2007-2009 monitoring period, that the
Chattanooga and the Macon Areas attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. These proposed actions are being taken pursuant to section
179(c)(1) of the CAA, and are consistent with the CAA and its
implementing regulations.

VI. Statutory and Executive Order Reviews

    These actions propose to make determinations of attainment based on
air quality, and would not impose additional requirements beyond those
imposed by state law. For that reason, these proposed actions:
     Are not ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory action subject to Executive
Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as

appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, these proposed determinations that the Chattanooga and
Macon Areas attained the 1997 annual average PM2.5 NAAQS by
its applicable attainment date do not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIPs are not approved to apply in Indian country located in
the states, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate
matter, Reporting and recordkeeping requirements.

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

    Dated: May 23, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2011-13670 Filed 6-1-11; 8:45 am]
BILLING CODE 6560-50-P