stabilized by desensitization and consequently may be re-classified
as desensitized explosives, provided all criteria of Chapter B.17
are met. In this case, the desensitized explosive should be tested
according to Test Series 3 (Part I of UN ST/SG/AC.10/30/Rev. 6 (UN
Recommendations on the Transport of Dangerous Goods, Manual of Tests
and Criteria) (incorporated by reference; see Sec.  1910.6)) because
information about its sensitiveness to mechanical stimuli is likely
to be important for determining conditions for safe handling and
use. The results shall be communicated on the safety data sheet.
---------------------------------------------------------------------------

    B.17.1.2 The class of desensitized explosives comprises:
    (a) Solid desensitized explosives: Explosive substances or
mixtures which are wetted with water or alcohols or are diluted with
other substances, to form a homogeneous solid mixture to suppress
their explosive properties.
    Note: This includes desensitization achieved by formation of
hydrates of the substances.
    (b) Liquid desensitized explosives: Explosive substances or
mixtures which are dissolved or suspended in water or other liquid
substances, to form a homogeneous liquid mixture to suppress their
explosive properties.

B.17.2 Classification Criteria

    B.<IP_ADDRESS> Any explosive which is desensitized shall be
considered in this class, unless:
    (a) It is intended to produce a practical, explosive or
pyrotechnic effect; or
    (b) It has a mass explosion hazard according to test series 6(a)
or 6(b) or its corrected burning rate according to the burning rate
test described in part V, subsection 51.4 of UN ST/SG/AC.10/30/Rev.6
(UN Recommendations on the Transport of Dangerous Goods, Manual of
Tests and Criteria) (incorporated by reference; see Sec.  1910.6) is
greater than 1200 kg/min; or
    (c) Its exothermic decomposition energy is less than 300 J/g.
    Note 1: Substances or mixtures which meet the criterion (a) or
(b) shall be classified as explosives (see Chapter B.1). Substances
or mixtures which meet the criterion (c) may fall within the scope
of other physical hazard classes.
    Note 2: The exothermic decomposition energy may be estimated
using a suitable calorimetric technique (see section 20, sub-section
<IP_ADDRESS> in Part II of UN ST/SG/AC.10/30/Rev.6 (UN Recommendations
on the Transport of Dangerous Goods, Manual of Tests and Criteria)
(incorporated by reference; see Sec.  1910.6).
    B.17.2.2 Desensitized explosives shall be classified in one of
the four categories of this class depending on the corrected burning
rate (Ac) using the test ``burning rate test (external fire)''
described in Part V, sub-section 51.4 of UN ST/SG/AC.10/30/Rev.6 (UN
Recommendations of the Transport of Dangerous Goods, Manual of Tests
and Criteria) (incorporated by reference; see Sec.  1910.6),
according to Table B.17.1:

            Table B.17.1 Criteria for Desensitized Explosives
------------------------------------------------------------------------
         Category                             Criteria
------------------------------------------------------------------------
1........................  Desensitized explosives with a corrected
                            burning rate (AC) equal to or greater than
                            300 kg/min but not more than 1200 kg/min.
2........................  Desensitized explosives with a corrected
                            burning rate (AC) equal to or greater than
                            140 kg/min but less than 300 kg/min.
3........................  Desensitized explosives with a corrected
                            burning rate (AC) equal to or greater than
                            60 kg/min but less than 140 kg/min.
4........................  Desensitized explosives with a corrected
                            burning rate (AC) less than 60 kg/min.
------------------------------------------------------------------------

    Note 1: Desensitized explosives shall be prepared so that they
remain homogeneous and do not separate during normal storage and
handling, particularly if desensitized by wetting. The manufacturer,
importer, or distributor shall provide information in Section 10 of
the safety data sheet about the shelf-life and instructions on
verifying desensitization. Under certain conditions the content of
desensitizing agent (e.g., phlegmatizer, wetting agent or treatment)
may decrease during supply and use, and thus, the hazard potential
of the desensitized explosive may increase. In addition, Sections 5
and/or 8 of the safety data sheet shall include advice on avoiding
increased fire, blast or protection hazards when the chemical is not
sufficiently desensitized.
    Note 2: Explosive properties of desensitized explosives shall be
determined using data from Test Series 2 of UN ST/SG/

AC.10/30/Rev.6 (UN Recommendations on the Transport of Dangerous
Goods, Manual of Tests and Criteria) (incorporated by reference; see
Sec.  1910.6) and shall be communicated in the safety data sheet.
For testing of liquid desensitized explosives, refer to section 32,
sub-section 32.3.2 of UN ST/SG/AC.10/30/Rev.6 (UN Recommendations on
the Transport of Dangerous Goods, Manual of Tests and Criteria)
(incorporated by reference; see Sec.  1910.6). Testing of solid
desensitized explosives is addressed in section 33, sub-section
33.2.3 of UN ST/SG/AC.10/30/Rev.6 (UN Recommendations on the
Transport of Dangerous Goods, Manual of Tests and Criteria)
(incorporated by reference; see Sec.  1910.6).
    Note 3: Desensitized explosives do not fall additionally within
the scope of chapters B.1 (explosives), B.6 (flammable liquids) and
B.7 (flammable solids).

B.17.3 Additional Classification Considerations

    B.17.3.1 The classification procedure for desensitized
explosives does not apply if:
    (a) The substances or mixtures contain no explosives according
to the criteria in Chapter B.1; or
    (b) The exothermic decomposition energy is less than 300 J/g.
    B.17.3.2 The exothermic decomposition energy shall be determined
using the explosive already desensitized (i.e., the homogenous solid
or liquids mixture formed by the explosive and the substance(s) used
to suppress its explosive properties). The exothermic decomposition
energy may be estimated using a suitable calorimetric technique (see
Section 20, sub-section <IP_ADDRESS> in Part II of UN ST/SG/AC.10/30/
Rev. 6 (UN Recommendations on the Transport of Dangerous Goods,
Manual of Tests and Criteria) (incorporated by reference; see Sec.
1910.6).

Appendix C to Sec.  1910.1200--Allocation of Label Elements (Mandatory)

    C.1 The label for each hazardous chemical shall include the
product identifier used on the safety data sheet.
    C.1.1 The labels on shipped containers shall also include the
name, address, and telephone number of the chemical manufacturer,
importer, or responsible party.
    C.2 The label for each hazardous chemical that is classified
shall include the signal word, hazard statement(s), pictogram(s),
and precautionary statement(s) specified in C.4 for each hazard
class and associated hazard category, except as provided for in
C.2.1 through C.2.4.
    C.2.1 Precedence of hazard information
    C.2.1.1 If the signal word ``Danger'' is included, the signal
word ``Warning'' shall not appear;
    C.2.1.2 If the skull and crossbones pictogram is included, the
exclamation mark pictogram shall not appear where it is used for
acute toxicity;
    C.2.1.3 If the corrosive pictogram is included, the exclamation
mark pictogram shall not appear where it is used for skin or eye
irritation;
    C.2.1.4 If the health hazard pictogram is included for
respiratory sensitization, the exclamation mark pictogram shall not
appear where it is used for skin sensitization or for skin or eye
irritation.
    C.2.2 Hazard statement text
    C.2.2.1 The text of all applicable hazard statements shall
appear on the label, except as otherwise specified. The information
in italics shall be included as part of the hazard statement as
provided. For example: ``Causes damage to organs (state all organs
affected) through prolonged or repeated exposure (state route of
exposure if no other routes of exposure cause the hazard)''. Hazard
statements may be combined where appropriate to reduce the
information on the label and improve readability, as long as all of
the hazards are conveyed as required.
    C.2.2.2 If the chemical manufacturer, importer, or responsible
party can demonstrate that all or part of the hazard statement is
inappropriate to a specific substance or mixture, the corresponding
statement may be omitted from the label.
    C.2.3 Pictograms
    C.2.3.1 Pictograms shall be in the shape of a square set at a
point and shall include a black hazard symbol on a white background
with a red frame sufficiently wide to be clearly visible. A square
red frame set at a point without a hazard symbol is not a pictogram
and is not permitted on the label.
    C.2.3.2 One of eight standard hazard symbols shall be used in
each pictogram. The eight hazard symbols are depicted in Figure C.1.
A pictogram using the exclamation mark symbol is presented in Figure
C.2, for the purpose of illustration.
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    C.2.3.3 The exclamation mark pictogram is permitted (but not
required) for HNOCs as long as the words ``Hazard Not Otherwise
Classified'' or the letters ``HNOC'' appear below the pictogram.
    C.2.3.4 Pictograms may only appear once on a label. If multiple
hazards require the use of the same pictogram, it may not appear a
second time on the label.
    C.2.4 Precautionary statement text
    C.2.4.1 There are four types of precautionary statements
presented, ``prevention,'' ``response,'' ``storage,'' and
``disposal.'' The core part of the precautionary statement is
presented in bold print. This is the text, except as otherwise
specified, that shall appear on the label. Where additional
information is required, it is indicated in plain text.
    C.2.4.2 When a backslash or diagonal mark (/) appears in the
precautionary

statement text, it indicates that a choice has to be made between
the separated phrases. In such cases, the chemical manufacturer,
importer, or responsible party can choose the most appropriate
phrase(s). For example, ``Wear protective gloves/protective
clothing/eye protection/face protection'' could read ``wear eye
protection''.
    C.2.4.3 When three full stops (. . .) appear in the
precautionary statement text, they indicate that all applicable
conditions are not listed. For example, in ``Use explosion-proof
electrical/ventilating/lighting/. . ./equipment'', the use of ``. .
.'' indicates that other equipment may need to be specified. In such
cases, the chemical manufacturer, importer, or responsible party can
choose the other conditions to be specified.
    C.2.4.4 When text in italics is used in a precautionary
statement, this indicates specific conditions applying to the use or
allocation of the precautionary statement. For example, ``Use
explosion-proof electrical/ventilating/lighting/. . ./equipment'' is
only required for flammable solids ``if dust clouds can occur''.
Text in italics is intended to be an explanatory, conditional note
and is not intended to appear on the label.
    C.2.4.5 Where square brackets ([ ]) appear around text in a
precautionary statement, this indicates that the text in square
brackets is not appropriate in every case and should be used only in
certain circumstances. In these cases, conditions for use explaining
when the text should be used are provided. For example, one
precautionary statement states: ``[In case of inadequate
ventilation] wear respiratory protection.'' This statement is given
with the condition for use ``--text in square brackets may be used
if additional information is provided with the chemical at the point
of use that explains what type of ventilation would be adequate for
safe use''. This means that, if additional information is provided
with the chemical explaining what type of ventilation would be
adequate for safe use, the text in square brackets should be used
and the statement would read: ``In case of inadequate ventilation
wear respiratory protection.'' However, if the chemical is supplied
without such ventilation information, the text in square brackets
should not be used, and the precautionary statement should read:
``Wear respiratory protection.''
    C.2.4.6 Precautionary statements may be combined or consolidated
to save label space and improve readability. For example, ``Keep
away from heat, sparks and open flame,'' ``Store in a well-
ventilated place'' and ``Keep cool'' can be combined to read ``Keep
away from heat, sparks and open flame and store in a cool, well-
ventilated place.''
    C.2.4.7 Precautionary statements may incorporate minor textual
variations from the text prescribed in this appendix if these
variations assist in communicating safety information (e.g.,
spelling variations, synonyms or other equivalent terms) and the
safety advice is not diluted or compromised. Any variations must be
used consistently on the label and the safety data sheet.
    C.2.4.8 In most cases, the precautionary statements are
independent (e.g., the phrases for explosive hazards do not modify
those related to certain health hazards, and products that are
classified for both hazard classes shall bear appropriate
precautionary statements for both). Where a chemical is classified
for a number of hazards, and the precautionary statements are
similar, the most stringent shall be included on the label (this
will be applicable mainly to preventive measures).
    C.2.4.9 If the chemical manufacturer, importer, or responsible
party can demonstrate that a precautionary statement is
inappropriate to a specific substance or mixture, the precautionary
statement may be omitted from the label.
    C.2.4.10 Where a substance or mixture is classified for a number
of health hazards, this may trigger multiple precautionary
statements relating to medical response, e.g., calling a poison
center/doctor/. . . and getting medical advice/attention.
    In general, the following principles should be applied:
    (a) Where the classification of a substance or mixture triggers
several different precautionary statements, a system of
prioritization should be applied. Usually, the label need only
include one precautionary statement reflecting the response at the
highest level with the greatest urgency, which should always be
combined with at least one route of exposure or symptom ``IF''
statement.
    (b) Routes of exposure, including ``IF exposed or concerned,''
may be combined when triggered with a medical response statement. If
the response statement is triggered with three or more routes of
exposure, ``IF exposed or concerned'' may be used. However, relevant
``IF'' statements describing symptoms must be included in full. If a
route of exposure is triggered multiple times, it need only be
included once.
    (c) This does not apply to ``Get medical advice/attention if you
feel unwell'' or ``Get immediate medical advice/attention'' when
they are combined with an ``If'' statement and should appear without
prioritization.
    C.3 Supplementary hazard information
    C.3.1 To ensure that non-standardized information does not lead
to unnecessarily wide variation or undermine the required
information, supplementary information on the label is limited to
when it provides further detail and does not contradict or cast
doubt on the validity of the standardized hazard information.
    C.3.2 Where the chemical manufacturer, importer, or distributor
chooses to add supplementary information on the label, the placement
of supplemental information shall not impede identification of
information required by this section.
    C.3.3 Where an ingredient with unknown acute toxicity is used in
a mixture at a concentration >=1%, and the mixture is not classified
based on testing of the mixture as a whole, a statement that X% of
the mixture consists of ingredient(s) of unknown acute toxicity
(oral/dermal/inhalation) is required on the label and safety data
sheet.

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Appendix D to Sec.  1910.1200--Safety Data Sheets (Mandatory)

    A safety data sheet (SDS) shall include the information
specified in Table D.1 under the section number and heading
indicated for sections 1-11 and 16. While each section of the SDS
must contain all of the specified information, preparers of safety
data sheets are not required to present the information in any
particular order within each section. If no relevant information is
found for any given subheading within a section, the SDS shall
clearly indicate that no applicable information is available.
Sections 12-15 may be included in the SDS, but are not mandatory.

                Table D.1--Minimum Information for an SDS
------------------------------------------------------------------------
              Heading                            Subheading
------------------------------------------------------------------------
1. Identification.................  (a) Product identifier used on the
                                     label;
                                    (b) Other means of identification;
                                    (c) Recommended use of the chemical
                                     and restrictions on use;
                                    (d) Name, U.S. address, and U.S.
                                     telephone number of the chemical
                                     manufacturer, importer, or other
                                     responsible party;
                                    (e) Emergency phone number.
2. Hazard(s) identification.......  (a) Classification of the chemical
                                     in accordance with paragraph (d) of
                                     Sec.   1910.1200, including any
                                     hazards associated with a change in
                                     the chemical's physical form under
                                     normal conditions of use;
                                    (b) Signal word, hazard
                                     statement(s), symbol(s) and
                                     precautionary statement(s) in
                                     accordance with paragraph (f) of
                                     Sec.   1910.1200. (Hazard symbols
                                     may be provided as graphical
                                     reproductions in black and white or
                                     the name of the symbol, e.g.,
                                     flame, skull and crossbones);
                                    (c) Hazards identified under normal
                                     conditions of use that result from
                                     a chemical reaction (changing the
                                     chemical structure of the original
                                     substance or mixture);
                                    (d) Describe any hazards not
                                     otherwise classified that have been
                                     identified during the
                                     classification process;
                                    (e) Where an ingredient with unknown
                                     acute toxicity is used in a mixture
                                     at a concentration >=1% and the
                                     mixture is not classified based on
                                     testing of the mixture as a whole,
                                     a statement that X% of the mixture
                                     consists of ingredient(s) of
                                     unknown acute toxicity is required.
3. Composition/information on       Except as provided for in paragraph
 ingredients.                        (i) of Sec.   1910.1200 on trade
                                     secrets:
                                    For Substances
                                    (a) Chemical name;
                                    (b) Common name and synonyms;
                                    (c) CAS number and other unique
                                     identifiers;
                                    (d) Impurities and stabilizing
                                     additives (constituents) which are
                                     themselves classified and which
                                     contribute to the classification of
                                     the substance.
                                    For Mixtures
                                    In addition to the information
                                     required for substances:
                                    (a) The chemical name, CAS number or
                                     other unique identifier, and
                                     concentration (exact percentage) or
                                     concentration ranges of all
                                     ingredients which are classified as
                                     health hazards in accordance with
                                     paragraph (d) of Sec.   1910.1200
                                     and
                                     (1) are present above their cut-off/
                                     concentration limits; or
                                     (2) present a health risk below the
                                     cut-off/concentration limits.
                                    (b) The concentration (exact
                                     percentage) shall be specified
                                     unless a trade secret claim is made
                                     in accordance with paragraph (i) of
                                     Sec.   1910.1200, when there is
                                     batch-to-batch variability in the
                                     production of a mixture, or for a
                                     group of substantially similar
                                     mixtures (See A.<IP_ADDRESS>) with
                                     similar chemical composition. In
                                     these cases, concentration ranges
                                     may be used.
                                    For All Chemicals Where a Trade
                                     Secret is Claimed
                                    Where a trade secret is claimed in
                                     accordance with paragraph (i) of
                                     Sec.   1910.1200, a statement that
                                     the specific chemical identity,
                                     exact percentage (concentration),
                                     or concentration range of
                                     composition has been withheld as a
                                     trade secret is required. When the
                                     concentration or concentration
                                     range is withheld as a trade
                                     secret, the chemical composition
                                     must be provided in accordance with
                                     the prescribed concentration ranges
                                     in Sec.   1910.1200(i)(1)(iv).
4. First-aid measures.............  (a) Description of necessary
                                     measures, subdivided according to
                                     the different routes of exposure,
                                     i.e., inhalation, skin and eye
                                     contact, and ingestion;
                                    (b) Most important symptoms/effects,
                                     acute and delayed.
                                    (c) Indication of immediate medical
                                     attention and special treatment
                                     needed, if necessary.
5. Fire-fighting measures.........  (a) Suitable (and unsuitable)
                                     extinguishing media.
                                    (b) Specific hazards arising from
                                     the chemical (e.g., nature of any
                                     hazardous combustion products).
                                    (c) Special protective equipment and
                                     precautions for fire-fighters.
6. Accidental release measures....  (a) Personal precautions, protective
                                     equipment, and emergency
                                     procedures.
                                    (b) Methods and materials for
                                     containment and cleaning up.
7. Handling and storage...........  (a) Precautions for safe handling.
                                    (b) Conditions for safe storage,
                                     including any incompatibilities.
8. Exposure controls/personal       (a) For all ingredients or
 protection.                         constituents listed in Section 3,
                                     the OSHA permissible exposure limit
                                     (PEL), American Conference of
                                     Governmental Industrial Hygienists
                                     (ACGIH) Threshold Limit Value
                                     (TLV), and any other exposure limit
                                     or range used or recommended by the
                                     chemical manufacturer, importer, or
                                     employer preparing the safety data
                                     sheet, where available.
                                    (b) Appropriate engineering
                                     controls.
                                    (c) Individual protection measures,
                                     such as personal protective
                                     equipment.
9. Physical and chemical            (a) Physical state.
 properties.
                                    (b) Color.
                                    (c) Odor.
                                    (d) Melting point/freezing point.
                                    (e) Boiling point (or initial
                                     boiling point or boiling range).
                                    (f) Flammability.

                                    (g) Lower and upper explosion limit/
                                     flammability limit.
                                    (h) Flash point.
                                    (i) Auto-ignition temperature.
                                    (j) Decomposition temperature.
                                    (k) pH.
                                    (l) Kinematic viscosity.
                                    (m) Solubility.
                                    (n) Partition coefficient n-octanol/
                                     water (log value).
                                    (o) Vapor pressure.
                                    (p) Density and/or relative density.
                                    (q) Relative vapor density.
                                    (r) Particle characteristics.
10. Stability and reactivity......  (a) Reactivity;
                                    (b) Chemical stability;
                                    (c) Possibility of hazardous
                                     reactions, including those
                                     associated with foreseeable
                                     emergencies;
                                    (d) Conditions to avoid (e.g.,
                                     static discharge, shock, or
                                     vibration);
                                    (e) Incompatible materials;
                                    (f) Hazardous decomposition
                                     products.
11. Toxicological information.....  Description of the various
                                     toxicological (health) effects and
                                     the available data used to identify
                                     those effects, including:
                                    (a) Information on the likely routes
                                     of exposure (inhalation, ingestion,
                                     skin and eye contact);
                                    (b) Symptoms related to the
                                     physical, chemical and
                                     toxicological characteristics;
                                    (c) Delayed and immediate effects
                                     and also chronic effects from short-
                                      and long-term exposure;
                                    (d) Numerical measures of toxicity
                                     (such as acute toxicity estimates);
                                    (e) Interactive effects; information
                                     on interactions should be included
                                     if relevant and readily available;
                                    (f) Whether the hazardous chemical
                                     is listed in the National
                                     Toxicology Program (NTP) Report on
                                     Carcinogens (latest edition) or has
                                     been found to be a potential
                                     carcinogen in the International
                                     Agency for Research on Cancer
                                     (IARC) Monographs (latest edition),
                                     or by OSHA.
                                    (g) When specific chemical data or
                                     information is not available, the
                                     preparer must indicate if
                                     alternative information is used and
                                     the method used to derive the
                                     information (e.g., where the
                                     preparer is using information from
                                     a class of chemicals rather than
                                     the exact chemical in question and
                                     using SAR to derive the
                                     toxicological information).
12. Ecological information (Non-    (a) Ecotoxicity (aquatic and
 mandatory).                         terrestrial, where available);
                                    (b) Persistence and degradability;
                                    (c) Bioaccumulative potential;
                                    (d) Mobility in soil;
                                    (e) Other adverse effects (such as
                                     hazardous to the ozone layer).
13. Disposal considerations (Non-   Description of waste residues and
 mandatory).                         information on their safe handling
                                     and methods of disposal, including
                                     the disposal of any contaminated
                                     packaging.
14. Transport information (Non-     (a) UN number;
 mandatory).
                                    (b) UN proper shipping name;
                                    (c) Transport hazard class(es);
                                    (d) Packing group, if applicable;
                                    (e) Environmental hazards (e.g.,
                                     Marine pollutant (Yes/No));
                                    (f) Transport in bulk according to
                                     IMO instruments;
                                    (g) Special precautions which a user
                                     needs to be aware of, or needs to
                                     comply with, in connection with
                                     transport or conveyance either
                                     within or outside their premises.
15. Regulatory information (Non-    Safety, health and environmental
 mandatory).                         regulations specific for the
                                     product in question.
16. Other information, including    The date of preparation of the SDS
 date of preparation or last         or the last change to it.
 revision.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-28987 Filed 2-5-21; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: October 22, 2007 (Volume 72, Number 203)]
[Notices]
[Page 59521]
[DOCID:fr22oc07-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER07-1215-000 and ER07-1215-001]

The Royal Bank of Scotland, plc; Notice of Issuance of Order

October 12, 2007.
    The Royal Bank of Scotland, plc (RBS) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy,
capacity and ancillary services at market-based rates. RBS also
requested waivers of various Commission regulations. In particular, RBS
requested that the Commission grant blanket approval under 18 CFR part
34 of all future issuances of securities and assumptions of liability
by RBS.
    On October 12, 2007, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the requests
for blanket approval under Part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by RBS, should file a protest 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, 385.214 (2004).
    Notice is hereby given that the deadline for filing protests is
November 13, 2007.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, RBS is authorized to issue securities
and assume obligations or liabilities as a guarantor, indorser, surety,
or otherwise in respect of any security of another person; provided
that such issuance or assumption is for some lawful object within the
corporate purposes of RBS, compatible with the public interest, and is
reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of RBS' issuance of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-20709 Filed 10-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44009-44010]
[FR Doc No: 2021-17137]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6470-008]

Winooski Hydroelectric Company; Notice of Application Tendered
for Filing With the Commission and Soliciting Additional Study Requests
and Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 6470-008.
    c. Date Filed: July 30, 2021.
    d. Applicant: Winooski Hydroelectric Company (WHC).
    e. Name of Project: Winooski 8 Hydroelectric Project (project).
    f. Location: On the Winooski River in Washington County, Vermont.
No federal lands are occupied by the project works or located within
the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r)
    h. Applicant Contact: Mathew Rubin, General Partner, Winooski
Hydroelectric Company, 26 State Street, Montpelier, Vermont 05602;
(802) 793-5939; or email at<EMAIL_ADDRESS>    i. FERC Contact: Kristen Sinclair at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: September 28, 2021.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
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,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Winooski 8 Hydroelectric Project (P-
6470-008).
    m. The application is not ready for environmental analysis at this
time.
    n. Project Description: The existing Winooski 8 Hydroelectric
Project consists of: (1) A 222.5-foot-long, 26-foot-high concrete
gravity dam impounding a reservoir with a storage capacity of
approximately 20 acre-feet at an elevation of 615 feet mean sea level;
(2) a 148-foot-long spillway with 4-foot-high flashboards built into
the crest of the dam; (3) a 24-foot-long, hydraulically operated crest
gate built into the crest of the dam; (4) a 1,100-square-foot forebay
located adjacent to the project impoundment; (5) three hydraulically
operated trashracks; (6) a 1,550-square-foot powerhouse that contains
two semi-Kaplan turbines and one fixed propeller turbine for a total
installed capacity of 856 kilowatts; (7) a 100-foot-long tailrace; (8)
a 1,000 kilovolt-amp station transformer; (9) a 30-foot long, 13-
kilovolt transmission line and (10) appurtenant facilities. The project
generates an annual average of 3,507 megawatt-hours. WHC proposes to
continue to operate the project in an automated run-of-river mode. WHC
also proposes to add 3.6 acres to the existing project boundary to
enclose a 4,100-foot-long dirt road currently used by WHC to access the
dam and powerhouse and to enclose an existing unimproved site that
provides access to the river for boating and fishing activities
downstream of the dam.
    o. In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (http://www.ferc.gov)
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document (P-
6470). 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_ADDRESS>or call toll-free,<PHONE_NUMBER> or
(202) 502-8659 (TTY).
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural Schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

Issue Deficiency Letter (if necessary)--August 2021
Request Additional Information (if needed)--September 2021
Issue Notice of Acceptance--December 2021
Issue Scoping Document 1 for comments--January 2022

Issue Scoping Document 2--March 2022
Issue Notice of Ready for Environmental Analysis--March 2022

    q. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: August 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-17137 Filed 8-10-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27577-27578]
[FR Doc No: E9-13552]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60040; File No. SR-BATS-2009-014]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change, as Modified
by Amendment No. 1 Thereto, To Amend BATS Rule 11.13, Entitled ``Order
Execution''

June 3, 2009.
    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 May 22, 2009, BATS Exchange, Inc. (``BATS'' or the ``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 BATS. On May 29, 2009, BATS filed Amendment No. 1
to the proposed rule change. BATS has designated the proposed rule
change, as amended, as constituting a rule change under Rule 19b-
4(f)(6) under the Act,\3\ which renders the proposal, as amended,
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend BATS Rule 11.13, entitled
``Order Execution,'' to add a new order type (a ``BATS Only BOLT
Order'') and a pre-routing processing method (``BOLT Routing'') that
will each include an optional display period through which a marketable
order will be displayed to Exchange Users (and market data recipients)
for a brief period of time designated by the Exchange prior to being
routed, cancelled, or posted to the BATS Book.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to provide Users of the
Exchange with another order type, as well as another option with
respect to the order processing methods offered by the Exchange in
connection with routing away from the Exchange. Specifically, both the
order type and the pre-routing processing method will, after first
seeking to execute against the BATS Book, display a marketable order at
the NBB for a sell order or the NBO for a buy order to Exchange Users
and market data recipients for a brief, variable amount of time (not to
exceed 500 milliseconds) for potential execution. BATS notes that pre-
routing display functionality has already been approved by the
Commission for use by the CBOE Stock Exchange and that such
functionality can be expected to provide System Users with greater
control over their trading. Except for the addition of a variation of
the BATS Only order type and changes to the routing functionality for
market and marketable limit orders described herein, nothing in the
proposal will modify or alter any existing rule or process related to
order priority, order execution, trade-through protection or locked or
crossed markets. The Exchange will implement the proposed changes such
that marketable BATS Only BOLT Orders and routable orders will be
distinguishable from the Exchange's protected bid and protected offer
while displayed by the Exchange for potential execution during the
variable time period described in this filing.
(i) Proposed BATS Only BOLT Order
    The proposed order type, a BATS Only BOLT Order, will first seek to
execute against the BATS Book. If such order would lock or cross a
Protected Quotation when entered it will be displayed at the NBB for a
sell order or the NBO for a buy order to Exchange Users (and market
data recipients) for potential execution for a variable time period not
to exceed 500 milliseconds, such time period to be designated by the
Exchange. Any unfilled balance of the order remaining after this
variable period of time will be cancelled back to the User if such
balance would continue to lock or cross a Protected Quotation. If,
however, after the variable period of time the unfilled balance would
not lock or cross a Protected Quotation, then such unfilled balance
will remain posted in the BATS Book.
(ii) Proposed BOLT Routing
    The proposed order processing method, set forth in BATS Rule 11.13,
will apply when an unfilled balance of a routable market or limit order
that is marketable against the existing NBBO remains after the Exchange
has attempted to execute the order against the BATS Book. Specifically,
the Exchange proposes to offer a method of processing that can be used
in conjunction with, or instead of, routing options offered by the
Exchange, through which such order will be briefly displayed to Users
of the Exchange (and to Exchange market data recipients) for potential
execution at a price equal to the NBB for a sell order or the NBO for a
buy order.
    The Exchange currently allows Users to submit various types of
orders to the Exchange that are processed pursuant to Rules 11.13(a)(1)
and 11.13(a)(2). Rule 11.13(a)(1) describes the process by which an
incoming order would execute against the BATS Book.\4\ To the extent an
order has not been executed in its entirety against the BATS Book, Rule
11.13(a)(2)(A) and (B) then describe the process of routing orders \5\
to one or more Trading Centers. The Exchange proposes to offer the
display process to Users as an additional option for processing the
unfilled balance of an order that remains after an initial attempt to
execute against the BATS Book.
---------------------------------------------------------------------------

    \4\ As defined in BATS Rule 1.5(d).
    \5\ Market orders are routed away pursuant to Rule
11.13(a)(2)(A) and marketable limit orders are routed away pursuant
to Rule 11.13(a)(2)(B).
---------------------------------------------------------------------------

    Under the proposal, after first executing a market or marketable
limit order against the BATS Book, any remaining shares will be
displayed at the NBB for a sell order or the NBO for a buy order to
Users of the Exchange and Exchange market data recipients for potential
execution for a variable time period not to exceed 500 milliseconds,

such time period to be designated by the Exchange. The BOLT routing
display process will be the default processing preference, and thus,
Users that do not wish to have their orders displayed pursuant to this
process prior to routing will be required to opt-out of the BOLT
routing display period.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\6\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\7\
because it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system, and, in general, protect investors and
the public interest, by allowing Users to select another method of
processing for routable and non-routable marketable orders that may
result in the efficient execution of such orders. Specifically, the
Exchange believes that Users may receive more efficient order
executions by briefly displaying their marketable orders to BATS Users
for potential execution. BATS notes that similar brief marketable order
display functionality has already been found to be consistent with the
Act by the Commission.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Securities Exchange Act Release No. 54422 (September 11,
2006), 71 FR 54537 (September 15, 2006) (SR-CBOE-2004-21);
Securities Exchange Act Release No. 59359 (February 4, 2009), 74 FR
6927 (February 11, 2009) (SR-CBOE-2008-123). NASDAQ also recently
adopted a similar rule pursuant to an immediately effective rule
filing. See Securities Exchange Act Release No. 59875 (May 6, 2009),
74 FR 22794 (May 14, 2009) (SR-NASDAQ-2009-043) (notice of filing
and immediate effectiveness of NASDAQ proposal to incorporate an
optional pre-routing display period for all orders using NASDAQ
routing strategies).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

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

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

    Because the foregoing proposed rule change does not: (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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
BATS has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \12\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. BATS requests that the
Commission waive the 30-day operative delay because the Exchange
expects to have technologies in place to support the proposed rule
change, as amended, on or about June 5, 2009, and believes that the
expected benefits to Exchange Users from the proposed rule change, as
amended, should not be delayed. The Commission believes that waiving
the 30-day operative delay \13\ is consistent with the protection of
investors and the public interest and designates the proposal operative
on June 5, 2009.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.\14\
---------------------------------------------------------------------------

    \14\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on May 29, 2009, the date on which BATS submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-BATS-2009-014 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-BATS-2009-014. 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 inspection and
copying 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 publicly available. All
submissions should refer to File Number SR-BATS-2009-014 and should be
submitted on or before July 1, 2009.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13552 Filed 6-9-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72124-72125]
[FR Doc No: 2015-29392]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76428; File No. SR-NYSEMKT-2015-93]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Discontinue the NYSE
MKT Realtime Reference Price Market Data Product Offering

November 12, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on October 30, 2015, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to discontinue the NYSE MKT Realtime
Reference Price (``NYSE MKT RRP'') market data product offering. The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    In 2009, the Securities and Exchange Commission (``Commission'')
approved the NYSE MKT RRP market data product and certain fees for
it.\4\ The NYSE MKT RRP market data product provides, on a real-time
basis, last sale prices in all securities that trade on the Exchange.
Currently, there are no subscribers to the NYSE MKT RRP market data
product. Therefore, the Exchange has determined to discontinue the NYSE
MKT RRP market data product. The Exchange also proposes to update the
Fee Schedule to remove reference to the NYSE MKT RRP in connection with
this change.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 61144 (December 10,
2009), 74 FR 67275 (December 18, 2009) (SR-NYSEMKT-2009-85).
---------------------------------------------------------------------------

    The Exchange will announce the date that the NYSE MKT RRP will be
decommissioned via an NYSE Market Data Notice.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \5\ of the
Act, in general, and furthers the objectives of Section 6(b)(5) \6\ of
the Act, in particular, in that it is 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 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, and it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that discontinuing NYSE MKT RRP and removing
it from the Fee Schedule would remove impediments to and perfect a free
and open market by streamlining the Exchange's market data product
offerings to include those for which there has been more demand and
would provide vendors and subscribers with a simpler and more
standardized suite of market data products. The proposal to discontinue
NYSE MKT RRP is applicable to all members, issuers and other persons
and does not unfairly discriminate between customers, issuers, brokers
or dealers.
    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to consumers of such
data. It was believed that this authority would expand the amount of
data available to users and consumers of such data and also spur
innovation and competition for the provision of market data. The
Commission concluded that Regulation NMS--by lessening regulation of
the market in proprietary data--would itself further the Act's goals of
facilitating efficiency and competition:

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04).

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

    The Exchange believes that the discontinuation of a market data
product for which there is little or no demand, as is the case with
NYSE MKT RRP, is a direct example of efficiency because it acknowledges
that investors and the public have indicated that they have little or
no use for certain information and allows the Exchange to dedicate
resources to developing products (including through innovations of
existing products and entirely new products) that provide information
for which there is more of an expressed need.

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

    In accordance with Section 6(b)(8) of the Act,\8\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which other exchanges are free to offer similar products.
Additionally, since there has been little or no demand for the NYSE MKT
RRP product the Exchange's proposed discontinuance will not harm
competition.

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

    Because the foregoing proposed rule 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 if consistent with the protection of
investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change at least five business days prior to the
date of filing of the proposed rule change or such shorter time as
designated by the Commission,\9\ the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \9\ The Exchange has fulfilled this requirement.
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative because it believes that
immediate operation of this filing would not impact any users of NYSE
MKT RRP. The Commission, noting that there are currently no subscribers
to these data services, finds that it is consistent with the protection
of investors and the public interest to waive the 30-day operative date
and to permit the proposal to be operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
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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-NYSEMKT-2015-93 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-93. 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 will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. 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-NYSEMKT-2015-93 and should be submitted on or before
December 9, 2015.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29392 Filed 11-17-15; 8:45 am]
 BILLING CODE 8011-01-P


Attendees Meeting Name: IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Wastes Meeting Date: May 15 16, 2001 Location: The Millennium Hotel, St. Louis, Missouri Name: Affiliation: Phone:

Michael Long Colorado DNR  DMG ( 303) 866 3567 Don Pflederer Illinois DNR  Land Reclamation ( 217) 782 4970 Scott Fowler Illinois DNR  Land Reclamation ( 217) 558 4333 Larry Crislip Illinois EPA  Mine Pollution Prog. ( 618) 993 7200 Michael Purnell Illinois DCCA  Coal Development Office ( 217) 785 0010 Daniel Wheeler Illinois DNR  OMM / Land Reclamation ( 217) 782 4970 Ron Carty Illinois DCCA  Clean Coal Inst. ( 618) 985 3500 Greg Conrad IMCC ( 703) 709 8654 Ronald E Pearson Indiana DNR  Division of Reclamation ( 812) 665 2207 Bruce Stevens Indiana DNR  Division of Reclamation ( 812) 665 2207 Carl Campbell Kentucky DSMRE ( 502) 564 6940 Tony Duplechin Louisiana DNR ( 225) 342 5528 Connie Lyons Maryland Dept. of Environment  Mining Program ( 301) 689 6104 David Johnson Missouri DNR  Solid Waste ( 573) 751 5401 Brad Zimmerman Missouri DNR  Solid Waste ( 573) 751 5401 Brian Hicks Missouri DNR  Land Reclamation ( 573) 751 4041 Scott Waltrip Missouri DNR  Solid Waste ( 573) 751 5401 Brent Moore Navajo Nation EPA ( 520) 871 7797 Steven Potter New York DEC  Minerals ( 518) 402 8076 Bob Baker Ohio DNR  DMRM ( 614) 265 1092 Darrell Shults Oklahoma Dept. of Mines ( 405) 521 3859 ext. 27 David Hartos OSM  ARCC ( 412) 937 2909 Mick Ahrens OSM  Mid Continent Region ( 618) 463 6463 ext. 10 Rick Holbrook OSM  WRCC / Denver ( 303) 844 1400 ext. 1491 Name: Affiliation: Phone:

Kimery Vories OSM  MCRCC ( 618) 463 6463 ext. 103 Rick Seibel OSM  MCRCC / Alton ( 618) 463 6460 Charles Sandberg OSM  MCRCC ( 618) 463 6460 Bill Pounds Pennsylvania DEP / ASTSWMO ( 717) 782 7564 Michael J. Menghini Pennsylvania DEP  Dist. Mining Ops. ( 570) 621 3118 Pat Ransom SAIC ( US EPA Contractor) ( 703) 318 4681 Craig Kennedy South Carolina DHEC ( 803) 896 4262 Art Braswell South Carolina DHEC ( 803) 896 4262 Susi Ferguson Texas NRCC ( 512) 239 2320 Melvin Hodgkiss Texas Railroad Comm  SMRD ( 512) 463 6901 Truett DeGeare US EPA  Office of Solid Waste ( 703) 308 8292 Dennis Ruddy US EPA  Office of Solid Waste ( 703) 308 8430 Bonnie Robinson US EPA  Office of Solid Waste ( 703) 308 8429 Bernie Sarnoski US EPA  Region III ( 215) 814 5756 Lynn Brickett US DOE  NETL ( 412) 386 6574 Rustu Kalyoncu USGS  Minerals Info. Team ( 703) 698 7720 Daron Haddock Utah DNR  Oil Gas & Mining ( 801) 538 5325 Harold " Rocky" Parsons West Virginia DEP  Mining & Reclamation ( 304) 457 3219 Paige Smith Wyoming DEQ  LQD ( 307) 777 6860


[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Pages 36387-36388]
[FR Doc No: 2017-16477]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commissioner and Staff Attendance at North American
Electric Reliability Corporation Meetings

    The Federal Energy Regulatory Commission (Commission) hereby gives

notice that members of the Commission and/or Commission staff may
attend the following meetings:
    North American Electric Reliability Corporation, Member
Representatives Committee and Board of Trustees Meetings, Board of
Trustees Corporate Governance and Human Resources Committee, Finance
and Audit Committee, Compliance Committee, and Standards Oversight and
Technology Committee Meetings.
    The Westin Ottawa, 11 Colonel By Drive, Ottawa, ON K1N 9H4 Canada.
    August 9 (8:00 a.m.-5:00 p.m. eastern time) and August 10 (8:30
a.m.-12:00 p.m. eastern time), 2017.

    Further information regarding these meetings may be found at:
http://www.nerc.com/Pages/Calendar.aspx.
    The discussions at the meetings, which are open to the public, may
address matters at issue in the following Commission proceedings:

Docket No. RR15-2, North American Electric Reliability Corporation
Docket No. RR17-6, North American Electric Reliability Corporation
    For further information, please contact Jonathan First, 202-502-
8529, or<EMAIL_ADDRESS>
    Dated: July 31, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-16477 Filed 8-3-17; 8:45 am]
 BILLING CODE 6717-01-P