[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Notices]
[Pages 55898-55900]
[FR Doc No: 2018-24440]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0742]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Registration of
Producers of Drugs and Listing of Drugs in Commercial Distribution

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
December 10, 2018.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910-0045.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Registration of Producers of Drugs and Listing of Drugs in Commercial
Distribution--21 CFR Part 207; OMB Control Number 0910-0045--Extension

    This information collection supports FDA's drug establishment
registration and listing regulations and associated guidance intended
to assist respondents in this regard. Requirements for drug
establishment registration and drug listing are set forth in section
510 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C.
360), and section 351 of the Public Health Service Act (42 U.S.C. 262).
Section 224 of the Food and Drug Administration Amendments Act of 2007
(Pub. L. 110-85) amended section 510(p) of the FD&C Act to require
electronic drug establishment registration and drug listing.
Regulations implementing these provisions are established under part
207 (21 CFR part 207). Except as provided in Sec.  207.65, all
information submitted must be transmitted to FDA in electronic format
by using our electronic drug registration and listing system, in a form
that we can process, review, and archive. Establishment registration
information helps FDA identify who is manufacturing, repacking,
relabeling, and salvaging drugs and where those operations are
performed. Drug listing information gives FDA a current inventory of
drugs manufactured, repacked, relabeled, or salvaged for commercial
distribution. Both types of information facilitate implementation and
enforcement of the FD&C Act and are used for many important public
health purposes.

I. Registration Under Part 207

    Unless otherwise exempt under section 510(g) of the FD&C Act or
Sec.  207.13, all manufacturers, repackers, relabelers, and salvagers
must register each domestic establishment that manufactures, repacks,
relabels, or salvages a drug, or an animal feed bearing or containing a
new animal drug, and each foreign establishment that manufactures,
repacks, relabels, or salvages a drug, or an animal feed bearing or
containing a new animal drug, that is imported or offered for import
into the United States. When operations are conducted at more than one
establishment and common ownership and control among all the
establishments exists, the parent, subsidiary, or affiliate company may
submit registration information for all establishments.
    Private label distributors who do not also manufacture, repack,
relabel, or salvage drugs are not required to register under part 207.
FDA will accept registration or listing information submitted by a
private label distributor only if it is acting as an authorized agent
for and submitting information that pertains to an establishment that
manufactures, repacks, relabels, or salvages drugs.
    Under Sec.  207.21, domestic manufacturers, domestic repackers,
domestic relabelers, and domestic drug product salvagers must complete
initial registration of each establishment no later than 5 calendar
days after beginning to manufacture, repack, relabel, or salvage a
drug. In addition, foreign manufacturers, foreign repackers, foreign
relabelers, and foreign drug product salvagers must register each
establishment before the drug is imported or offered for import into
the United States.
    The information that must be provided to FDA for registration is
described in Sec.  207.25 and includes the following: (1) Name of the
owner or operator of each establishment; if a partnership, the name of
each partner; if a corporation, the name of each corporate officer and
director, and the place of incorporation; (2) each establishment's
name, physical address, and telephone number(s); (3) all name(s) of the
establishment, including names under which the establishment conducts
business or names by which the establishment is known; (4) registration
number of each establishment, if previously assigned by FDA; (5) a
Unique Facility Identifier in accordance with the system specified
under section 510 of the FD&C Act; (6) all types of operations
performed at each establishment; (7) name, mailing address, telephone
number, and email address of the official contact for the
establishment, as provided in Sec.  207.69(a); and (8) additionally,
with respect to foreign establishments subject to registration, the
name, mailing address, telephone number, and email address must be
provided for: (a) The U.S. agent, as provided in Sec.  207.69(b); (b)
each importer in the United States of drugs manufactured, repacked,

relabeled, or salvaged at the establishment that is known to the
establishment; and (c) each person who imports or offers for import
such drug to the United States.
    Registrants must update their registration information as
prescribed under Sec.  207.29.

II. National Drug Code (NDC)

    The NDC for a drug is a numeric code. Each finished drug product or
unfinished drug subject to the listing requirements of part 207 must
have a unique NDC to identify its labeler, product, and package size
and type. The format of an NDC is described under Sec.  207.33.
    Under Sec.  207.35, registrants must notify us of a change in any
of the drug characteristics (except certain identifying information)
for an NDC in Sec.  207.33, and assign a new product code and package
code for that drug.

III. Listing Under Part 207

    Under Sec.  207.41, registrants must list each drug that it
manufactures, repacks, relabels, or salvages for commercial
distribution. Each domestic registrant must list each such drug
regardless of whether the drug enters interstate commerce. When
operations are conducted at more than one establishment, and common
ownership and control exists among all the establishments, the parent,
subsidiary, or affiliate company may submit listing information for any
drug manufactured, repacked, relabeled, or salvaged at any such
establishment. A drug manufactured, repacked, or relabeled for private
label distribution must be listed in accordance with the requirements.
    Registrants must provide listing information for each drug in
accordance with the listing requirements described in Sec. Sec.
207.49, 207.53, and 207.54 that correspond to the activity or
activities they engage in for that drug. For both animal and human
drugs, each registrant must list each drug it manufactures, repacks, or
relabels for commercial distribution under the trade name or label of a
private label distributor using an NDC that includes such private label
distributor's labeler code.
    Additionally, in the case of human drugs, each registrant must list
each human drug it manufactures, repacks, or relabels using an NDC that
includes the registrant's own labeler code, regardless of whether the
drug is commercially distributed under the registrant's own label or
trade name or under the label or trade name of a private label
distributor.
    Under Sec.  207.45, for each drug being manufactured, repacked,
relabeled, or salvaged for commercial distribution at an establishment
at the time of initial registration, drug listing information must be
submitted no later than 3 calendar days after the initial registration
of the establishment.
    Each registrant must provide the listing information described
under Sec.  207.49 for each drug it manufactures for commercial
distribution. Each registrant must also provide the listing information
for each drug it repacks or relabels under Sec.  207.53. A registrant
who also relabels or repacks a drug that it salvages must list the drug
it relabels or repacks in accordance with Sec.  207.53. Registrants who
perform only salvaging with respect to a drug must provide the listing
information for that drug as required under Sec.  207.54. Additional
information may be requested for a listed drug as described in Sec.
207.55.
    Under Sec.  207.57, registrants must update drug listing
information submitted previously (either when the change is made or, at
a minimum, each June and December). Registrants must also notify FDA if
any listed drug has been discontinued from marketing or if any
discontinued drug has been reintroduced and provide listing information
for any drug not yet listed (at the time of annual establishment
registration if not sooner).
    In the Federal Register of July 18, 2018 (83 FR 33934), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this information collection as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                  Number of
         Activity; 21 CFR section(s)              Number of     responses per   Total annual          Average burden per response           Total hours
                                                 respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial establishment registration; Sec.                1,480               2           2,960  1                                                   2,960
 Sec.   207.17, 207.21, 207.25.
Annual review and update of registration               10,000               1          10,000  0.5 (30 minutes)                                    5,000
 information (including expedited updates);
 Sec.   207.29.
Initial listing (including NDC); Sec.  Sec.             1,713            7.28          12,470  1.5                                                18,705
 207.33, 207.41, 207.45, 207.49, 207.53,
 207.54, 207.55.
June and December review and update (or                 5,300              20         106,000  0.75 (45 minutes)                                  79,500
 certification) of listing; Sec.  Sec.
 207.35, 207.57.
Waiver requests; Sec.   207.65...............               1               1               1  0.5 (30 minutes)                                        1
Public disclosure exemption requests; Sec.                100               1             100  1                                                     100
 207.81(c).
                                              ------------------------------------------------                                           ---------------
    Total....................................  ..............  ..............  ..............  .........................................         106,266
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\1\ There are no capital or operating and maintenance costs associated with the information collection.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                                                Number of                       Average burden
 Standard Operating Procedure (SOP) for creating and uploading the      Number of       records per      Total annual         per          Total hours
                  Structured Product Labeling file                    recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preparation of SOP.................................................           1,000                1            1,000               40           40,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with the information collection.

    Based on FDA data, we estimate that 1,480 respondents will submit
2,960 new establishment registrations annually. Based on the number of
registered establishments in our database, we estimate 10,000
registrants will provide 10,000 annual reviews and updates of
registration information (including expedited updates) or reviews and
certifications that no changes have occurred. The estimates include the
registration of establishments for both domestic and foreign
manufacturers, repackers, relabelers, and drug product salvagers, and
registration information submitted by anyone acting as an authorized
agent for an establishment that manufactures, repacks, relabels, or
salvages drugs. The estimates include an additional 80 positron
emission tomography (PET) drug producers who are not exempt from
registration and approximately 30 manufacturers of plasma derivatives.
    We estimate that it will take 1 hour for registrants to submit
initial registration information electronically for each new
establishment. We also estimate that it will take approximately 30
minutes for each annual review and update of registration information
(including any expedited updates) or each review and certification that
no changes have occurred. The burden hour estimates above are based on
our familiarity with the amount of time it takes registrants to input
registration information electronically since June 2009. The estimates
are an average of the time it would take to register a domestic or
foreign establishment and an average of the time it would take to
review registration information and update several registration items
in the database or review registration information and only certify
that no changes have occurred.
    Based on the number of drugs listed annually since June 2009, we
estimate that approximately 1,713 registrants will report 12,469 new
listings annually (including the information submitted to obtain a
labeler code and to reserve an NDC for future use).
    Based on the number of drugs in our listing database and the
current number of changes to listing information submitted, we estimate
5,300 registrants will each report 20 reviews and updates (including
the information submitted to revise an NDC) for a total of 106,000
annually.
    The estimates for the number of drug listings include both domestic
and foreign listings, listings submitted by registrants for products
sold under their own names as well as products intended for private
label distribution, and information submitted related to an NDC and to
obtain a labeler code. The estimate for the number of drugs subject to
the listing requirements includes PET drugs and approximately 30 plasma
derivatives. The estimates for the number of June and December reviews
and updates of listing information include the number of changes to
drug characteristics pertaining to the drug product code to obtain a
new NDC and the reports of the withdrawal of an approved drug from sale
under Sec.  314.81(b)(3)(iii) (21 CFR 314.81(b)(3)(iii)).
    Based on our familiarity with the time required to input listing
information electronically since June 2009, we estimate that it will
take registrants 1 hour and 30 minutes to submit information
electronically for each drug they list for the first time (for both
foreign and domestic registrant listings). These estimates are an
average of the time it will take manufacturers, repackers, relabelers,
and drug product salvagers, with drug product salvagers taking
considerably less time than manufacturers. The estimates include the
time for submitting the content of labeling and other labeling in
electronic format. (For drugs subject to an approved marketing
application, the electronic submission of the content of labeling under
Sec.  314.50(l)(1)(i) is approved under OMB control number 0910-0001.)
We also estimate that it will take 45 minutes for each June and
December review and update. These estimates represent the average
amount of time to review and update listing information or to review
and certify that no changes have occurred. The estimates include the
time for submitting any labeling for each drug, changes to the drug's
characteristics submitted for a new NDC, and reports of the withdrawal
of an approved drug from sale under Sec.  314.81(b)(3)(iii).
    In 2009, to help respondents transition to the current electronic
reporting requirements, FDA issued the guidance for industry entitled
``Providing Regulatory Submissions in Electronic Format--Drug
Establishment Registration and Drug Listing.'' The document provides
guidance to industry on the statutory requirement to submit
electronically drug establishment registration and drug listing
information. The guidance describes the types of information to include
for purposes of drug establishment registration and drug listing and
how to prepare and submit the information in an electronic format
(Structured Product Labeling (SPL) files) that FDA can process, review,
and archive. The burden attributed to the guidance includes the
preparation of an SOP for creating and uploading the SPL file. Although
most firms will already have prepared an SOP for the electronic
submission of drug establishment registration and drug listing
information, each year additional firms will need to create an SOP. As
reflected in table 2, FDA estimates that approximately 1,000 firms will
expend 40 hours to prepare, review, and approve an SOP, for a total of
40,000 hours annually.
    Cumulatively, the information collection reflects a decrease of
3,295 in both annual responses and burden hours. This adjustment
results from eliminating burden previously attributable to guidance
recommendations for creating drug establishment registration and drug
listing files for electronic submission. Because electronic
registration and listing is now mandatory, we believe respondents have
since developed and implemented SOPs consistent with meeting the
technical format specifications set forth in the regulations and we no
longer attribute burden to this activity.

    Dated: November 5, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-24440 Filed 11-7-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57130-57133]
[FR Doc No: 2021-22378]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-467-000]

Texas Gas Transmission, LLC; Notice of Intent To Prepare an
Environmental Impact Statement for the Proposed Henderson County
Expansion Project, Request for Comments on Environmental Issues, and
Schedule for Environmental Review

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Henderson County
Expansion Project (Project) involving construction and operation of
facilities by Texas Gas Transmission, LLC (Texas Gas) in Henderson and
Webster Counties, Kentucky and Posey and Johnson Counties, Indiana. The
Commission will use the EIS in its decision-making process to determine
whether Texas Gas's proposed Project is in the public convenience and
necessity. The schedule for preparation of the EIS is discussed in the
Schedule for Environmental Review section of this notice.
    As part of the National Environmental Policy Act (NEPA) review
process, the Commission takes into account concerns the public may have
about proposals and the environmental impacts that could result
whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. This gathering of public input is referred
to as ``scoping.'' By notice issued on July 29, 2021, in Docket No.
CP21-467-000, the Commission opened a scoping period for the Project.
Commission staff intends to prepare an EIS that will address the
concerns raised during the initial scoping process and comments
received in response to this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the EIS, including comments on potential
alternatives and impacts, and any relevant information, studies, or
analyses of any kind concerning impacts affecting the quality

of the human environment. To ensure that your comments are timely and
properly recorded, please submit your comments so that the Commission
receives them in Washington, DC on or before 5:00 p.m. Eastern Time on
November 8, 2021. Further details on how to submit comments are
provided in the Public Participation section of this notice.
    As mentioned above, the Commission opened a scoping period which
expired on August 30, 2021. All substantive comments provided during
the initial scoping session will be addressed in the EIS. Therefore, if
you previously submitted comments on this Project to the Commission you
do not need to file those comments again.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not grant, exercise, or oversee the exercise of eminent domain
authority. The courts have exclusive authority to handle eminent domain
cases; the Commission has no jurisdiction over these matters.
    Texas Gas provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at<PHONE_NUMBER> or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the Project docket number (CP21-
467-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852.
    Additionally, the Commission offers a free service called
eSubscription. This service provides automatic notification of filings
made to subscribed dockets, document summaries, and direct links to the
documents. Go to https://www.ferc.gov/ferc-online/overview to register
for eSubscription.

Summary of the Proposed Project, the Project Purpose and Need, and
Expected Impacts

    Texas Gas proposes to construct and operate a new lateral and meter
and regulator (M&R) station, upgrade an existing M&R station, and
modify and add compression to Texas Gas' existing Slaughters Compressor
Station. The Henderson County Expansion Project would provide up to 220
million standard cubic feet of natural gas per day to Southern Indiana
Gas and Electric Company d/b/a CenterPoint Energy Indiana South
(CenterPoint) at its existing AB Brown Generating Station in Posey
County, Indiana. According to Texas Gas, its Project would support
CenterPoint's retirement of four existing coal-fired units and
implementation of new intermittent renewable resources (i.e., solar and
wind) by providing the reliability of intermittent natural gas service
during natural fluctuations in wind and solar availability.
    The Henderson County Expansion Project would consist of the
following facilities:
     Henderson County Lateral--Construction of an approximately
24-mile-long, 20-inch-diameter natural gas transmission pipeline
extending from a new tie-in facility in Henderson County, Kentucky to
the new AB Brown M&R Station in Posey County, Indiana.
     AB Brown M&R Station and Point of Demarcation Site (Posey
County, Indiana)--Construction of a delivery M&R station, receiver
facility, and a 0.08-mile-long, 16-inch-diameter interconnecting
pipeline terminating at the new Point of Demarcation Site which would
serve as CenterPoint's tie-in for project facilities for its AB Brown
Plant.
     Slaughters Compressor Station (Webster County, Kentucky)--
Installation of a new 4,863-horsepower Solar Centaur 50 turbine
compressor unit with piping modifications and other appurtenant
facilities, abandonment in place of the existing Compressor Unit 5, and
placement on standby of existing Compressor Units 6 and 7.
     New ancillary facilities including a main line valve and
tie-in facility in Henderson County, Kentucky and upgrades to an
existing M&R station in Johnson County, Indiana.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
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    Based on environmental information provided by the Company,
construction of the proposed facilities would disturb about 402 acres
of land for the aboveground facilities and the pipeline. Following
construction, Texas Gas would maintain about 152 acres for permanent
operation of the Project's facilities; the remaining acreage would be
restored and revert to former uses. About 47.5 percent of the proposed
pipeline route parallels existing pipeline, utility, or road rights-of-
way.
    Based on an initial review of Texas Gas's proposal and public
comments received during scoping, Commission staff have identified
expected impacts

that deserve attention in the EIS. These include: 2.29 acres of wetland
disturbance; 110 waterbody crossings (71 ephemeral streams, 21
perennial streams, 17 intermittent streams, and 1 natural pond); visual
impacts, greenhouse gas emissions, and potential impacts on wildlife
management areas, special status species, environmental justice
communities, and air quality.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss impacts that could
occur as a result of the construction and operation of the proposed
Project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     greenhouse gas and climate;
     air quality and noise; and
     reliability and safety.
    Commission staff will also make recommendations on how to lessen or
avoid impacts on the various resource areas. Your comments will help
Commission staff focus its analysis on the issues that may have a
significant effect on the human environment.
    The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. Any draft and final EIS will be
available in electronic format in the public record through eLibrary
\2\ and the Commission's natural gas environmental documents web page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive instant
email notification when the environmental document is issued.
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    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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Alternatives Under Consideration

    The EIS will evaluate reasonable alternatives that are technically
and economically feasible and meet the purpose and need for the
proposed action.\3\ Alternatives currently under consideration include:
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    \3\ 40 CFR 1508.1(z).
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     The no-action alternative, meaning the Project is not
implemented; and
     a system alternative evaluating whether the Project
purpose could be met by use of an existing pipeline system.
    With this notice, the Commission requests specific comments
regarding any additional potential alternatives to the proposed action
or segments of the proposed action. Please focus your comments on
reasonable alternatives (including alternative facility sites and
pipeline routes) that meet the Project objectives, are technically and
economically feasible, and avoid or lessen environmental impact.

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission initiated section 106 consultation for
the Project in the notice issued on July 29, 2021, with the State
Historic Preservation Offices, and other government agencies,
interested Indian tribes, and the public to solicit their views and
concerns regarding the project's potential effects on historic
properties.\4\ This notice is a continuation of section 106
consultation for the Project. The Project EIS will document findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Schedule for Environmental Review

    On July 9, 2021, the Commission issued its Notice of Application
for the Project. Among other things, that notice alerted other agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on the request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's final NEPA document for the Project. This notice
identifies the Commission staff's planned schedule for completion of a
final EIS for the Project, which is based on an issuance of the draft
EIS in April 2022.

Issuance of Notice of Availability of the final EIS-- August 25, 2022
90-day Federal Authorization Decision Deadline \5\--November 23, 2022
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    \5\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Project's progress.

Permits and Authorizations

    The table below lists the anticipated permits and authorizations
for the Project required under federal law. This list may not be all-
inclusive and does not preclude any permit or authorization if it is
not listed here. Agencies with jurisdiction by law and/or special
expertise may formally cooperate in the preparation of the Commission's
EIS and may adopt the EIS to satisfy its NEPA responsibilities related
to this Project. Agencies that would like to request cooperating agency
status should follow the instructions for filing comments provided
under the Public Participation section of this notice.

           Environmental Permits, Approvals, and Consultations
------------------------------------------------------------------------
               Agency                    Permit/approval/consultation
------------------------------------------------------------------------
Federal Energy Regulatory            Certificate of Public Convenience
 Commission.                          and Necessity under Section 7(c)
                                      of the Natural Gas Act.
U.S. Army Corps of Engineers--       Clean Water Act 404, Nationwide
 Louisville City District.            Permit 12.
U.S. Fish and Wildlife Service--     Endangered Species Act--Section 7
 Kentucky Ecological Services Field   Consultation, Migratory Bird
 Office.                              Treaty Act, Bald Eagle and Golden
                                      Eagle Protection Act.
U.S. Fish and Wildlife Service--
 Bloomington Ecological Services
 Field Office.
Kentucky Energy and Environment      Section 401 Water Quality
 Cabinet--Department of               Certification.
 Environmental Protection.

Indiana Department of Environmental
 Management (IDEM).
Kentucky Heritage Council..........  National Historic Preservation Act,
                                      Section 106 Consultation.
Indiana Division of Historic
 Preservation.
------------------------------------------------------------------------

Environmental Mailing List

    This notice is being sent to the Commission's current environmental
mailing list for the Project which includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for Project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the Project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed Project. State and local government representatives should
notify their constituents of this proposed Project and encourage them
to comment on their areas of concern.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP21-467-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
    or
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP21-467). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: October 7, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22378 Filed 10-13-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Proposed Rules]
[Pages 71751-71752]
[FR Doc No: 2012-28828]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0619; FRL-9754-8]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control of Stationary Generator Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the State of Delaware for the purpose of amending
Regulation No. 1102, Appendix A to clarify the permitting requirements
for owners of stationary generators. In the Final Rules section of this
Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by January 3, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0619 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0619, Kathleen Cox Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
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-R03-OAR-
2012-0619. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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.
    Docket: All documents in the electronic docket are listed in the
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 www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street,

Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Cathleen Van Osten<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: November 6, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-28828 Filed 12-3-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 4, 2008 (Volume 73, Number 108)]
[Notices]
[Page 31857-31858]
[DOCID:fr04jn08-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-931-000]

Walnut Creek Energy, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

May 29, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Walnut Creek Energy, LLC's application for market-based rate authority,
with an accompanying rate schedule, 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 June 18, 2008.
    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. E8-12445 Filed 6-3-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Notices]
[Pages 60651-60654]
[FR Doc No: 2017-27469]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82341; File No. SR-Phlx-2017-79]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
of Amendment No. 2, Order Approving a Proposed Rule Change, as Modified
by Amendment No. 1 and Granting Accelerated Approval of Amendment No.
2, of a Proposed Rule Change To Establish a Nonstandard Expirations
Pilot Program

December 15, 2017.

I. Introduction

    On October 12, 2017, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'' or
``SEC''), pursuant to Section 19(b)(1) of the Securities Exchange Act
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to establish a Nonstandard Expirations Pilot Program. On October
26, 2017, the Exchange filed Amendment No.1 to the proposal to amend
and replace the original filing in its entirety. The proposed rule
change was published for comment in the Federal Register on November 2,
2017.\3\ On December 6, 2017, the Exchange filed a partial amendment to
the proposed rule change (``Amendment No. 2'').\4\ The Commission
received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81975 (Oct. 27,
2017), 82 FR 50921.
    \4\ In Amendment No. 2, the Exchange proposes to provide to the
Commission, to the extent that data on other weekly or monthly p.m.-
settled products from other exchanges is publicly available, a time
series analysis of open interest in weekly expiration (``Weekly
Expiration'') and end of month (``EOM'') series compared to open
interest in weekly or monthly p.m.-settled products of other
exchanges in order to determine whether users are shifting positions
from other weekly or monthly p.m.-settled products to the Weekly
Expiration and EOM series.
---------------------------------------------------------------------------

    This order provides notice of filing of Amendment No. 2, approves
the proposal, as modified by Amendment No. 1, and approves Amendment
No. 2 on an accelerated basis, for a pilot period of twelve months.

II. Description of the Amended Proposal

    The Exchange proposes to permit the listing and trading, on a pilot
basis, of p.m.-settled options on broad-based indexes with nonstandard
expiration dates for a period of twelve months (the ``Nonstandard
Expirations Pilot Program'' or ``Pilot Program'') from the date of
approval of this proposed rule change. The Pilot Program would permit
both Weekly Expirations and EOM expirations similar to those of the
a.m.-settled broad-based index options, except that the exercise
settlement value will be based on the index value derived from the
closing prices of component stocks. The proposal is substantially
similar to Chicago Board Options Exchange (``CBOE'') Rule 24.9(e),
Nonstandard Expirations Pilot Program.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 78531 (August 10,
2016), 81 FR 54643 (August 16, 2016) (SR-CBOE-2016-046) (Order
approving expansion of CBOE's Nonstandard Expirations Pilot Program
to include Monday Expirations); 76909 (January 14, 2016), 81 FR 3512
(January 21, 2016) (SR-CBOE-2015-106) (Order approving expansion of
CBOE's Nonstandard Expirations Pilot Program to include Wednesday
Expirations); 62911 (September 14, 2010), 75 FR 57539 (September 21,
2010) (SR-CBOE-2009-075) (Order approving CBOE's Nonstandard
Expirations Pilot Program).
---------------------------------------------------------------------------

A. Weekly Expirations

    The Exchange proposes to add new subsection (b)(vii)(1), Weekly
Expirations, to Rule 1101A, Terms of Options Contracts. Under the
proposed new rule the Exchange would be permitted to open for trading
Weekly Expirations on any broad-based index eligible for standard
options trading to expire on any Monday, Wednesday, or Friday (other
than the third Friday-of-the-month or days that coincide with an EOM
expiration). Weekly Expirations would be subject to all provisions of
Rule 1101A and would be treated the same as options on the same
underlying index that expire on the third Friday of the expiration
month. Unlike the standard monthly options, however, Weekly Expirations
would be p.m.-settled. New series in Weekly Expirations could be added
up to and including on the expiration date for an expiring Weekly
Expiration.
    The maximum number of expirations that could be listed for each
Weekly Expiration (i.e., a Monday expiration, Wednesday expiration, or
Friday expiration, as applicable) in a given class would be the same as
the maximum number of expirations permitted for standard options on the
same broad-based index. Weekly Expirations would not need to be for
consecutive Monday, Wednesday, or

Friday expirations as applicable. However, the expiration date of a
non-consecutive expiration would not be permitted beyond what would be
considered the last expiration date if the maximum number of
expirations were listed consecutively. Weekly Expirations that are
first listed in a given class could expire up to four weeks from the
actual listing date.
    If the last trading day of a month were a Monday, Wednesday, or
Friday and the Exchange were to list EOMs and Weekly Expirations as
applicable in a given class, the Exchange would list an EOM instead of
a Weekly Expiration in the given class. Other expirations in the same
class would not be counted as part of the maximum number of Weekly
Expirations for a broad-based index class.
    If the Exchange were not open for business on a respective Monday,
the normally Monday expiring Weekly Expirations would expire on the
following business day. If the Exchange were not open for business on a
respective Wednesday or Friday, the normally Wednesday or Friday
expiring Weekly Expirations would expire on the previous business day.

B. EOM Expirations

    Under the proposal, the Exchange could open for trading EOMs on any
broad-based index eligible for standard options trading to expire on
the last trading day of the month. EOMs would be subject to all
provisions of Rule 1101A and treated the same as options on the same
underlying index that expire on the third Friday of the expiration
month. However, the EOMs would be p.m.-settled and new series in EOMs
could be added up to and including on the expiration date for an
expiring EOM.
    The maximum number of expirations that could be listed for EOMs in
a given class would be the same as the maximum number of expirations
permitted for standard options on the same broad-based index. EOM
expirations would not need to be for consecutive end of month
expirations. However, the expiration date of a non-consecutive
expiration may not be beyond what would be considered the last
expiration date if the maximum number of expirations were listed
consecutively. EOMs that are first listed in a given class could expire
up to four weeks from the actual listing date. Other expirations would
not be counted as part of the maximum numbers of EOM expirations for a
broad-based index class.

C. Contract Terms and Trading Rules

    The Exchange proposes that Weekly Expirations and EOMs would be
subject to the same rules that currently govern the trading of standard
monthly broad-based index options, including sales practice rules,
margin requirements, and floor trading procedures. Contract terms for
Weekly Expirations and EOMs would be the same as those for standard
monthly broad-based index options, except that the exercise settlement
value will be based on the index value derived from the closing prices
of component stocks. Since Weekly Expirations and EOMs will be a new
type of series, and not a new class, the Exchange proposes that Weekly
Expirations and EOMs shall be aggregated for any applicable reporting
and other requirements.\6\ Pursuant to new subsection (b)(vii)(4) of
Rule 1101A, transactions in Weekly Expirations and EOMs could be
effected on the Exchange between the hours of 9:30 a.m. (Eastern Time)
and 4:15 p.m. (Eastern Time).
---------------------------------------------------------------------------

    \6\ See Rule 1001A(d) which sets forth the reporting
requirements for certain market indexes that do not have position
limits, including NDX. The Exchange is adding Nonstandard
Expirations to Rule 1001A(e), Aggregation, to reflect the
aggregation requirement. The Exchange notes that the proposed
aggregation is consistent with the aggregation requirements for
other types of option series (e.g. quarterly expiring options) that
are listed on the Exchange and which do not expire on the customary
``third Friday''.
---------------------------------------------------------------------------

    The Exchange represents that it has analyzed its capacity and
believes that it and the Options Price Reporting Authority have the
necessary systems capacity to handle any additional traffic associated
with the listing of the maximum number nonstandard expirations
permitted under the Pilot Program.

D. Pilot Program Annual Report

    As part of the Pilot Program, the Exchange proposes to submit a
Pilot Program report to the Commission at least two months prior to the
expiration date of the Pilot Program (the ``annual report''). The
annual report will contain an analysis of volume, open interest and
trading patterns. In addition, for series that exceed certain minimum
open interest parameters, the annual report will provide analysis of
index price volatility and, if needed, share trading activity. The
annual report will be provided to the Commission on a confidential
basis.
Analysis of Volume and Open Interest
    For all Weekly Expirations and EOM series, the annual report will
contain the following volume and open interest data for each broad-
based index overlying Weekly Expiration and EOM options:
    (1) Monthly volume aggregated for all Weekly Expiration and EOM
series,
    (2) Volume in Weekly Expiration and EOM series aggregated by
expiration date,
    (3) Month-end open interest aggregated for all Weekly Expiration
and EOM series,
    (4) Month-end open interest for EOM series aggregated by expiration
date and open interest for Weekly Expiration series aggregated by
expiration date,
    (5) Ratio of monthly aggregate volume in Weekly Expiration and EOM
series to total monthly class volume, and
    (6) Ratio of month-end open interest in EOM series to total month-
end class open interest and ratio of open interest in each Weekly
Expiration series to total class open interest.
    In addition, the annual report will contain the information noted
above for standard Expiration Friday, a.m.-settled series, if
applicable, for the period covered in the annual report as well as for
the six-month period prior to the initiation of the Pilot Program.
    Upon request by the SEC, the Exchange will provide a data file
containing: (1) Weekly Expiration and EOM option volume data aggregated
by series, and (2) Weekly Expiration open interest for each expiring
series and EOM month-end open interest for expiring series.
Monthly Analysis of Weekly Expiration and EOM Trading Patterns
    In the annual report, the Exchange also proposes to identify Weekly
Expiration and EOM trading patterns by undertaking a time series
analysis of open interest in Weekly Expiration and EOM series
aggregated by expiration date compared to open interest in near-term
standard Expiration Friday a.m.-settled series in order to determine
whether users are shifting positions from standard series to Weekly
Expiration and EOM series. In addition, to the extent that data on
other weekly or monthly p.m. settled products from other exchanges is
publicly available, the annual report will also compare open interest
with these options in order to determine whether users are shifting
positions from other weekly or monthly p.m.-settled products to the
Weekly Expiration and EOM series. Declining open interest in standard
series or the weekly or monthly p.m.-settled products of other
exchanges accompanied by rising open interest in Weekly Expiration and
EOM series would suggest that users are shifting positions.

Provisional Analysis of Index Price Volatility and Share Trading
Activity
    For each Weekly Expiration and EOM expiration that has open
interest that exceeds certain minimum thresholds, the annual report
will contain the following analysis related to index price changes and,
if needed, underlying share trading volume at the close on expiration
dates:
    (1) A comparison of index price changes at the close of trading on
a given expiration date with comparable price changes from a control
sample. The data will include a calculation of percentage price changes
for various time intervals and compare that information to the
respective control sample. Raw percentage price change data as well as
percentage price change data normalized for prevailing market
volatility, as measured by an appropriate index agreed by the
Commission and the Exchange, will be provided; and
    (2) if needed, a calculation of share volume for a sample set of
the component securities representing an upper limit on share trading
that could be attributable to expiring in-the-money Weekly Expiration
and EOM expirations. The data, if needed, will include a comparison of
the calculated share volume for securities in the sample set to the
average daily trading volumes of those securities over a sample period.
    The minimum open interest parameters, control sample, time
intervals, method for selecting the component securities, and sample
periods will be determined by the Exchange and the Commission.

III. Discussion and Commission's Findings

    After careful review of the proposed rule change, the Commission
finds that the proposal is consistent with the requirements of the Act
and the rules and regulations thereunder that are applicable to a
national securities exchange.\7\ Specifically, the Commission finds
that the proposed rule change is consistent with Section 6(b)(5) of the
Act,\8\ which requires, among other things, that the rules of a
national securities exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in 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 to protect
investors and the public interest.
---------------------------------------------------------------------------

    \7\ In approving this rule change, the Commission has considered
the rule's impact on efficiency, competition, and capital formation.
See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    While the Commission has had concerns about the adverse effects and
impact of p.m.-settlement upon market volatility and the operation of
fair and orderly markets on the underlying cash market at or near the
close of trading, it has approved on a limited basis p.m.-settlement
for cash-settled options.\9\ More specifically, the Commission approved
on a pilot basis CBOE's nearly identical Nonstandard Expirations Pilot
Program.\10\ Phlx's proposal includes one additional data element in
the annual report: An analysis of publically available data concerning
trading patterns with respect to other p.m.-settled products from other
exchanges. In all other aspects, Phlx's proposal conforms to CBOE's
Nonstandard Expirations Pilot Program.
---------------------------------------------------------------------------

    \9\ See, e.g., Securities Exchange Act Release Nos. 31800
(February 1, 1993), 58 FR 7274 (February 5, 1993) (SR-CBOE-92-13)
(Order approving CBOE's listing of p.m.-settled, cash-settled
options on certain broad-based indexes); 61439 (January 28, 2010),
75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (Order approving
CBOE's listing of p.m.-settled FLEX options on a pilot basis); 70087
(July 31, 2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055)
(Order approving the addition of p.m.-settled mini-SPX index options
to the SPXPM Pilot for p.m.-settled SPX index options); 81293
(August 2, 2017), 82 FR 37138 (August 8, 2017) (SR-Phlx-2017-04)
(Order approving Phlx to list and trade of p.m.-Settled NASDAQ-100
Index(R) Options on a Pilot Basis).
    \10\ See supra note 5.
---------------------------------------------------------------------------

    The Commission believes that the proposal strikes a reasonable
balance between the Phlx's desire to offer a wider array of investment
opportunities and the need to avoid unnecessary proliferation of
options series that may burden certain liquidity providers and further
stress options quotation and transaction infrastructure. Phlx's
proposed twelve-month Pilot Program will allow for both the Exchange
and the Commission to continue monitoring the potential for adverse
market effects of p.m.-settlement on the market, including the
underlying cash equities markets, at the expiration of these options.
    The Commission notes that Phlx will provide the Commission with the
annual report analyzing volume and open interest of EOMs and Weekly
Expirations that will also contain information and analysis of EOMs and
Weekly Expirations trading patterns and index price volatility and
share trading activity for series that exceed minimum parameters. This
information should be useful to the Commission as it evaluates whether
allowing p.m.-settlement for EOMs and Weekly Expirations has resulted
in increased market and price volatility in the underlying component
stocks, particularly at expiration. The Pilot Program information
should help the Commission and the Exchange assess the impact on the
markets and determine whether changes to these programs are necessary
or appropriate. Furthermore, the Exchange's ongoing analysis of the
Pilot Program should help it monitor any potential risks from large
p.m.-settled positions and take appropriate action, if warranted.

IV. Solicitation of Comments on Amendment No. 2 to the Proposed Rule
Change

    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 protected]. Please include
File Number SR-Phlx-2017-79 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-2017-79. 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-2017-79, and should be
submitted on or before January 11, 2018.

V. Accelerated Approval of Amendment No. 2

    The Commission finds good cause to approve Amendment No. 2 prior to
the thirtieth day after the date of publication of notice of Amendment
No. 2 in the Federal Register. As described above, the Exchange
proposes to establish a Nonstandard Expirations Pilot Program based
upon, and substantially similar to, CBOE's Rule 24.9(e), Nonstandard
Expirations Pilot Program, previously approved by the Commission.
Amendment No. 2 proposes to provide additional data to the Commission
that was not applicable to CBOE's Nonstandard Expirations Pilot Program
specifically because it would provide data to the Commission on the
effect of a subsequent pilot program on the CBOE's existing pilot
program. The Exchange's proposed Amendment No. 2 does not otherwise
change its proposal. The Commission finds good cause, pursuant to
Section 19(b)(2) of the Act,\11\ to approve Amendment No. 2 on an
accelerated basis.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-Phlx-2017-79), as modified
by Amendment No. 1, be approved, and Amendment No. 2 thereto be
approved on an accelerated basis, for a pilot period of twelve months.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Robert W. Errett,
Deputy Secretary.
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    \13\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-27469 Filed 12-20-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 18, 2006 (Volume 71, Number 96)]
[Notices]
[Page 28886-28888]
[DOCID:fr18my06-86]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL2-98]

NSF International; Application for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of NSF International for
expansion of its recognition to use

additional test standards, and presents the Agency's preliminary
finding to grant this request for expansion. This preliminary finding
does not constitute an interim or temporary approval of this
application.

DATES: You must submit information or comments, or any request for
extension of the time to comment, by the following dates:
     Hard copy: postmarked or sent by June 2, 2006.
     Electronic transmission or facsimile: sent by June 2,
2006.

ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL2-98--by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the

instructions for submitting comments on OSHA's Web page.
     Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at<PHONE_NUMBER>.
     Regular mail, express delivery, hand delivery and courier
service: Submit three copies to the OSHA Docket Office, Docket No.
NRTL2-98, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
N-2625, Washington, DC 20210; telephone<PHONE_NUMBER>. (OSHA's TTY
number is<PHONE_NUMBER>.) OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
    Instructions: All comments received will be posted without change
to http://dockets.osha.gov, including any personal information

provided. OSHA cautions you about submitting personal information such
as social security numbers and birth dates.
    Docket: For access to the docket to read background documents or
comments received, go to http://dockets.osha.gov. Contact the OSHA

Docket Office for information about materials not available through the
OSHA Web page and for assistance in using the Web page to locate docket
submissions.
    Extension of Comment Period: Submit requests for extensions
concerning this notice to the Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N-3655, 200 Constitution
Avenue, NW., Washington, DC 20210. Or, fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-3653, Washington, DC 20210, or phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Notice of Application

    The Occupational Safety and Health Administration (OSHA) hereby
gives notice that NSF International has applied for expansion of its
current recognition as a Nationally Recognized Testing Laboratory
(NRTL). NSF's expansion request covers the use of additional test
standards. OSHA's current scope of recognition for NSF may be found in
the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/nsf.html
.

    OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products ``properly certified'' \1\ by
the NRTL to meet OSHA standards that require testing and certification.
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    \1\ Properly certified means, in part, that the product is
labeled or marked with the NRTL's ``registered'' certification mark
(i.e., the mark the NRTL uses for its NRTL work) and that the
product certification falls within the scope of recognition of the
NRTL.
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    The Agency processes applications by an NRTL for initial
recognition or for expansion or renewal of this recognition following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational Web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html
.

    The most recent notice published by OSHA specifically related to
NSF's recognition granted a renewal of its NRTL status, which became
effective on August 30, 2005 (70 FR 51371).
    The current address of the NSF facility already recognized by OSHA
is: NSF International, 789 Dixboro Road, Ann Arbor, MI 48105.

General Background on the Application

    NSF has submitted an application, dated May 10, 2005 (see Exhibit
16-1), to expand its recognition to include 19 additional test
standards. The NRTL then amended the original application to request
two additional test standards (see Exhibit 16-2). The NRTL Program
staff has determined that each of these standards is an ``appropriate
test standard'' within the meaning of 29 CFR 1910.7(c). However, one
standard was already included in NSF's scope. Therefore, OSHA would
approve twenty test standards for the expansion.
    NSF seeks recognition for testing and certification of products for
demonstration of conformance to the following test standards:

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UL 48...................................  Electric Signs.
UL 65...................................  Wired Cabinets.
UL 174..................................  Household Electric Storage-
                                           Tank Water Heaters.
UL 250..................................  Household Refrigerators and
                                           Freezers.
UL 412..................................  Refrigeration Unit Coolers.
UL 430..................................  Waste Disposers.
UL 499..................................  Electric Heating Appliances.
UL 778..................................  Motor-Operated Water Pumps.
UL 858..................................  Household Electric Ranges.
UL 873..................................  Temperature-Indicating and -
                                           Regulating Equipment.
UL 979..................................  Water Treatment Appliances.
UL 1026.................................  Electric Household Cooking and
                                           Food Serving Appliances.
UL 1082.................................  Household Electric Coffee
                                           Makers and Brewing-Type
                                           Appliances.
UL 1083.................................  Household Electric Skillets
                                           and Frying-Type Appliances.
UL 1261.................................  Electric Water Heaters for
                                           Pools and Tubs.
UL 1598.................................  Luminaries.
UL 1889.................................  Commercial Filters for Cooking
                                           Oil.
UL 1951.................................  Electric Plumbing Accessories.
UL 2157.................................  Electric Clothes Washing
                                           Machines and Extractors.
UL 2158.................................  Electric Clothes Dryers.
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    The designations and titles of the above test standards were
current at the time of the preparation of this notice.
    OSHA's recognition of NSF, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third-party testing and certification
before use in the workplace. Consequently, if a test standard also
covers any product(s) for which OSHA does not require such

testing and certification, an NRTL's scope of recognition does not
include that product(s).
    Many UL test standards also are approved as American National
Standards by the American National Standards Institute (ANSI). However,
for convenience, we use the designation of the standards developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any NRTL recognized for an ANSI-approved test standard
may use either the latest proprietary version of the test standard or
the latest ANSI version of that standard. You may contact ANSI to find
out whether or not a test standard is currently ANSI-approved.

Preliminary Finding on the Application

    NSF has submitted an acceptable request for expansion of its
recognition as an NRTL. In connection with this request, OSHA did not
perform an on-site review of NSF's NRTL testing facilities. However,
NRTL Program assessment staff reviewed information pertinent to the
request and recommended that NSF's recognition be expanded to include
the twenty additional test standards listed above (see Exhibit 16-3).
Our review of the application file, the assessor's recommendation, and
other pertinent documents indicate that NSF can meet the requirements,
as prescribed by 29 CFR 1910.7, for the expansion for the twenty
additional test standards listed above. This preliminary finding does
not constitute an interim or temporary approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether
NSF has met the requirements of 29 CFR 1910.7 for expansion of its
recognition as a Nationally Recognized Testing Laboratory. Your
comments should consist of pertinent written documents and exhibits.
Should you need more time to comment, you must request it in writing,
including reasons for the request. OSHA must receive your written
request for extension at the address provided above no later than the
last date for comments. OSHA will limit any extension to 30 days,
unless the requester justifies a longer period. We may deny a request
for extension if it is not adequately justified. You may obtain or
review copies of NSF's requests, the on-site review report, other
pertinent documents, and all submitted comments, as received, by
contacting the Docket Office, Room N-2625, Occupational Safety and
Health Administration, U.S. Department of Labor, at the above address.
Docket No. NRTL2-98 contains all materials in the record concerning
NSF's application.
    The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant NSF's expansion request. The Assistant Secretary will make the
final decision on granting the expansion and, in making this decision,
may undertake other proceedings that are prescribed in Appendix A to 29
CFR 1910.7. OSHA will publish a public notice of this final decision in
the Federal Register.

    Signed at Washington, DC this 29th day of March, 2006.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. E6-7519 Filed 5-17-06; 8:45 am]

BILLING CODE 4510-26-P