[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Notice]
[Page 50423-50425]
[DOCID:fr31au07-150]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56318; File No. SR-Amex-2007-48]

Self-Regulatory Organizations; American Stock Exchange, LLC;
Notice of Filing of Proposed Rule Change Modifying the Options Listing
Criteria for Underlying Securities

August 24, 2007.
    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 17, 2007, the American Stock Exchange, LLC. (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. On August 21, 2007, Amex amended the proposed rule change.\3\
The Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superseded the original filing
in its entirety.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Commentary .01(4) to Amex Rule 915
and add new Commentary .01(6) to Amex Rule 915 for the purpose of
permitting the Exchange to list and trade individual equity options
that are otherwise ineligible for listing and trading if such option is
listed and traded on another national securities exchange.
    The text of the proposed rule change is available on the Amex's Web
site at http://www.amex.com, at Amex's Office of the Secretary and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposal seeks to revise the options original listing
guidelines so that, as long as the options maintenance listing
standards set forth in Amex Rule 916 are met and the option is listed
and traded on another national securities exchange, the Amex would be
able to list and trade the option. Commentary .01 to Amex Rule 915 sets
forth the guidelines that an underlying individual equity security must
meet before the Exchange may initially list options on that security.
The Amex states that these guidelines or requirements are uniform among
the options exchanges.
    Commentary .01(4) to Amex Rule 915 relates to the minimum market
price that an underlying security must trade at for an option to be
listed on it. Paragraph (4) of this Commentary .01 permits the listing
of individual equity options on both ``covered'' and ``uncovered''
underlying securities.\4\ In the case of an underlying security that is
a ``covered security'' as defined under section 18(b)(1)(A) of the 1933
Act, the closing market price of the underlying security must be at
least $3 per share for the five (5) previous consecutive business days
prior to the date on which the Amex submits an option class
certification to The Options Clearing Corporation (``OCC'').\5\ In
connection with underlying securities deemed to be ``uncovered,''
Exchange rules require that such underlying security be at least $7.50
for the majority of business days during the three (3) calendar months
preceding the date of selection for such listing. In addition, an
alternative listing procedure for ``uncovered'' securities also permits
the listing of such options so long as: (1) The underlying security
meets the guidelines for continued approval contained in Amex Rule 916;
(2) options on such underlying security are traded on at least one
other registered national securities exchange; and (3) the average
daily trading volume (``ADTV'') for such options over the last three
calendar months preceding the date of selection has been at least 5,000
contracts. Paragraphs (1) through (3) of Commentary .01 to Rule 915
further set forth minimum requirements for an underlying security such
as shares outstanding, number of holders and trading volume.
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    \4\ Section 18(b)(1)(A) of the Securities Act of 1933 (``1933
Act'') provides that ``[a] security is a covered security if such
security is listed, or authorized for listing, on the New York Stock
Exchange or the American Stock Exchange, or listed or authorized for
listing, on the National Market System of the Nasdaq Stock Market
(or any successor to such entities) * * *.'' See 15 U.S.C.
77r(b)(1)(A).
    \5\ For purposes of this proposal, the market price of an
underlying security is measured by the closing price reported in the
primary market in which the underlying security is traded. See
proposed Commentary .01(4) to Amex Rule 915.
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    The existing alternative listing procedure was originally adopted
by the Exchange in 2002. At that time, the Commission permitted the
Amex to eliminate the $7.50 standard (currently $3 for covered
securities) for an underlying security when such option is otherwise
listed and traded on another options exchange and has an ADTV over the
last three (3) calendar months of at least 5,000 contracts. The
Exchange submits that the alternative listing procedure has limited
usefulness. The options exchange (or exchanges) that may be fortunate
enough to list an option that at first met the original

listing standards but subsequently fails to do so, is provided a
trading monopoly inconsistent with the multiple trading of options,
fostering competition and the maintenance of a national market system.
Under the proposal, an option may be multiply-listed and traded as long
as one other options exchange is trading the particular option and such
underlying security of the option meets existing continued listing
guidelines or requirements.
    The Amex notes that the requirements for listing additional series
of an existing listed option (i.e., continued listing guidelines) are
less stringent, largely because, in total, the Exchange's guidelines
assure that options will be listed and traded on securities of
companies that are financially sound and subject to adequate minimum
standards.
    The Amex believes that although the continued listing requirements
are uniform among the options exchanges, the application of both the
original and continued listing standards in the current market
environment have had an anti-competitive effect. Specifically, the
Exchange notes that on several occasions it has been unable to list and
trade options classes that trade elsewhere because the underlying
security of such option did not at that time meet original listing
standards. However, the other options exchange(s) may continue to trade
such options (and list additional series) based on the lower
maintenance listing standards, while the Amex may not list any options
on such underlying security. This clearly is anti-competitive and
inconsistent with the aims and goals of a national market system in
options.
    To address this situation, the Exchange proposes to add new
Commentary .01(6) to Amex Rule 915 and amend the alternative original
listing requirement set forth in Commentary .01(4) to Amex Rule 915.
Specifically, Commentary .01(6) would be added to provide that
notwithstanding that a particular underlying security may not meet the
requirements set forth in Paragraphs 1 through 4 of Commentary .01 to
Amex Rule 915, the Exchange nonetheless could list and trade an option
on such underlying security if: (i) The underlying security meets the
guidelines for continued listing in Amex Rule 916; and (ii) options on
such underlying security are listed and traded on at least one other
registered national securities exchange. Commentary .01(4)(b) would be
amended to delete reference to the alternative original listing
guideline for ``uncovered'' securities. In connection with the proposed
changes, the Exchange represents that the procedures currently employed
to determine whether a particular underlying security meets the initial
listing criteria will similarly be applied to the continued listing
criteria.
    Amex believes that this proposal is narrowly tailored to address
the circumstances where an options class is currently ineligible for
listing on the Amex while at the same time, such option is trading on
another options exchange(s). The Amex notes that when an underlying
security meets the maintenance listing guidelines and at least one
other exchange lists and trades options on the underlying security, the
option is available to the investing public. Therefore, the Amex notes
that the current proposal will not introduce any inappropriate
additional listed options classes. The Exchange submits that the
adoption of the proposal is essential for competitive purposes and to
promote a free and open market for the benefit of investors.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \6\ of the
Act, in general, and furthers the objectives of Section 6(b)(5),\7\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, 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.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change will impose no burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml ); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Amex-2007-48 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-48. 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 at (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 the filing also will be available for
inspection and copying at the principal office of the Amex. 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-Amex-2007-48 and should be
submitted on or before September 21, 2007.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
[FR Doc. E7-17354 Filed 8-30-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26080-26084]
[FR Doc No: 2015-10534]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-B-1509]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider the changes. The flood hazard
determination information may be changed during the 90-day period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Date: April 22, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and  case      officer of         Community map        letter of  map       Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas: Benton................  City of Rogers (14-  The Honorable Greg  City Hall, 301      http://                Jul. 6, 2015.........       050013
                                   06-2125P).           Hines, Mayor,       West Chestnut       www.msc.fema.gov/
                                                        City of Rogers,     Street, Rogers,     lomc.
                                                        301 West Chestnut   AR 72756.
                                                        Street, Rogers,
                                                        AR 72756.
Delaware: Dover.................  City of Dover (15-   The Honorable       Department of       http://                Jun. 26, 2015........       100006
                                   03-0103P).           Robin R.            Planning and        www.msc.fema.gov/
                                                        Christiansen,       Inspection, 15      lomc.
                                                        Mayor, City of      Loockerman Plaza,
                                                        Dover, 15           Dover, DE 19901.
                                                        Loockerman Plaza,
                                                        Dover, DE 19901.
Louisiana: Rapides..............  City of Alexandria   The Honorable       City Hall, 915 3rd  http://                May 21, 2015.........       220146
                                   (14-06-4775P).       Jacques M. Roy,     Street, 1st         www.msc.fema.gov/
                                                        Mayor, City of      Floor,              lomc.
                                                        Alexandria, P.O.    Alexandria, LA
                                                        Box 71,             71301.
                                                        Alexandria, LA
                                                        71309.
New Jersey: Burlington..........  Township of Medford  Ms. Katherine       Municipal Center,   http://                Jun. 19, 2015........       340104
                                   (14-02-2411P).       Burger, Interim     17 North Main       www.msc.fema.gov/
                                                        Manager, Township   Street, Medford,    lomc.
                                                        of Medford, 17      NJ 08055.
                                                        North Main
                                                        Street, Medford,
                                                        NJ 08055.
New Mexico:
    Bernalillo..................  Unincorporated       The Honorable       Bernalillo County   http://                May 12, 2015.........       350001
                                   areas of             Maggie Hart         Public Works        www.msc.fema.gov/
                                   Bernalillo County    Stebbins,           Division, 2400      lomc.
                                   (14-06-0924P).       Chairman,           Broadway
                                                        Bernalillo County   Boulevard
                                                        Board of            Southeast,
                                                        Commissioners, 1    Albuquerque, NM
                                                        Civic Plaza         87102.
                                                        Northwest,
                                                        Albuquerque, NM
                                                        87102.
    Bernalillo..................  Unincorporated       The Honorable       Bernalillo Public   http://                Jun. 19, 2015........       350001
                                   areas of             Maggie Hart         Works Division,     www.msc.fema.gov/
                                   Bernalillo County    Stebbins,           2400 Broadway       lomc.
                                   (14-06-0925P).       Chairman,           Boulevard
                                                        Bernalillo County   Southeast,
                                                        Board of            Albuquerque, NM
                                                        Commissioners, 1    87102.
                                                        Civic Plaza
                                                        Northwest,
                                                        Albuquerque, NM
                                                        87102.
    Santa Fe....................  City of Santa Fe     The Honorable       200 Lincoln         http://                Jun. 25, 2015........       350070
                                   (15-06-0598P).       Javier M.           Avenue, Santa Fe,   www.msc.fema.gov/
                                                        Gonzales, Mayor,    NM 87501.           lomc.
                                                        City of Santa Fe,
                                                        200 Lincoln
                                                        Avenue, Santa Fe,
                                                        NM 87501.
    Santa Fe....................  Unincorporated       The Honorable       Santa Fe County,    http://                Jun. 25, 2015........       350069
                                   areas of Santa Fe    Shannon Broderick   102 Grant Avenue,   www.msc.fema.gov/
                                   County (15-06-       Bulman, Santa Fe    Santa Fe, NM        lomc.
                                   0598P).              County Probate      87501.
                                                        Judge, 102 Grant
                                                        Avenue, Santa Fe,
                                                        NM 87501.
Ohio:
    Franklin....................  City of Columbus     The Honorable       Department of       http://                Apr. 22, 2015........       390170
                                   (14-05-8003P).       Michael B.          Public Utilities,   www.msc.fema.gov/
                                                        Coleman, Mayor,     Stormwater and      lomc.
                                                        City of Columbus,   Regulatory
                                                        90 West Broad       Management
                                                        Street, 2nd         Section, 1250
                                                        Floor, Columbus,    Fairwood Avenue,
                                                        OH 43215.           Columbus, OH
                                                                            43206.
    Franklin....................  City of Hilliard     The Honorable Don   City Hall, 3800     http://                Apr. 22, 2015........       390175
                                   (14-05-8003P).       Schonhardt,         Municipal Way,      www.msc.fema.gov/
                                                        Mayor, City of      Hilliard, OH        lomc.
                                                        Hilliard, 5171      43026.
                                                        Northwest
                                                        Parkway,
                                                        Hilliard, OH
                                                        43026.
    Franklin....................  Unincorporated       The Honorable       Franklin County     http://                Apr. 22, 2015........       390167
                                   areas of Franklin    Marilyn Brown,      Economic            www.msc.fema.gov/
                                   County (14-05-       President,          Development and     lomc.
                                   8003P).              Franklin County     Planning
                                                        Board of            Department, 150
                                                        Commissioners,      South Front
                                                        373 South High      Street, Front
                                                        Street, 26th        Street Level,
                                                        Floor, Columbus,    Suite 10,
                                                        OH 43215.           Columbus, OH
                                                                            43215.
Oklahoma: Tulsa.................  City of Broken       The Honorable       City Hall, 220      http://                Jun. 22, 2015........       400236
                                   Arrow (14-06-        Craig Thurmond,     South 1st Street,   www.msc.fema.gov/
                                   3286P).              Mayor, City of      Broken Arrow, OK    lomc.
                                                        Broken Arrow, 220   74012.
                                                        South 1st Street,
                                                        Broken Arrow, OK
                                                        74012.
Pennsylvania:
    Berks.......................  City of Reading (13- The Honorable       Office of Zoning,   http://                Jun. 26, 2015........       420145
                                   03-2114P).           Vaughn D.           Planning and        www.msc.fema.gov/
                                                        Spencer, Mayor,     Preservation,       lomc.
                                                        City of Reading,    Community
                                                        815 Washington      Development
                                                        Street, Reading,    Department, 815
                                                        PA 19601.           Washington
                                                                            Street, Reading,
                                                                            PA 19601.
    Berks.......................  Town of Cumru (13-   Ms. Jeanne E.       Cumru Township      http://                Jun. 26, 2015........       420130
                                   03-2114P).           Johnston,           Office Building,    www.msc.fema.gov/
                                                        Manager, Township   1775 Welsh Road,    lomc.
                                                        of Cumru, 1775      Mohnton, PA 19540.
                                                        Welsh Road,
                                                        Mohnton, PA 19540.

Texas:
    Bell........................  City of Temple (13-  The Honorable       3210 East Avenue    http://                Jul. 13, 2015........       480034
                                   06-3510P).           Danny Dunn,         H, Building A,      www.msc.fema.gov/
                                                        Mayor, City of      Suite 107,          lomc.
                                                        Temple, 2 North     Temple, TX 76501.
                                                        Main Street,
                                                        Suite 103,
                                                        Temple, TX 76501.
    Bexar.......................  City of San Antonio  The Honorable Ivy   Transportation and  http://                May 6, 2015..........       480045
                                   (14-06-0780P).       R. Taylor, Mayor,   Capital             www.msc.fema.gov/
                                                        City of San         Improvements        lomc.
                                                        Antonio, P.O. Box   Department, Storm
                                                        839966, San         Water Division,
                                                        Antonio, TX 78283.  1901 South Alamo
                                                                            Street, 2nd
                                                                            Floor, San
                                                                            Antonio, TX 78204.
    Bexar.......................  City of San Antonio  The Honorable Ivy   Transportation and  http://                Jun. 19, 2015........       480045
                                   (14-06-3298P).       R. Taylor, Mayor,   Capital             www.msc.fema.gov/
                                                        City of San         Improvements        lomc.
                                                        Antonio, P.O. Box   Department, Storm
                                                        839966, San         Water Division,
                                                        Antonio, TX 78283.  1901 South Alamo
                                                                            Street, 2nd
                                                                            Floor, San
                                                                            Antonio, TX 78204.
    Bexar.......................  City of San Antonio  The Honorable Ivy   Transportation and  http://                May 6, 2015..........       480045
                                   (15-06-0882X).       R. Taylor, Mayor,   Capital             www.msc.fema.gov/
                                                        City of San         Improvements        lomc.
                                                        Antonio, P.O. Box   Department, Storm
                                                        839966, San         Water Division,
                                                        Antonio, TX 78283.  1901 South Alamo
                                                                            Street, 2nd
                                                                            Floor, San
                                                                            Antonio, TX 78204.
    Bexar.......................  Unincorporated       The Honorable       Bexar County        http://                Jun. 19, 2015........       480035
                                   areas of Bexar       Nelson W. Wolff,    Public Works        www.msc.fema.gov/
                                   County (14-06-       Bexar County        Department, 233     lomc.
                                   4527P).              Judge, Paul         North Pecos-La
                                                        Elizondo Tower,     Trinidad Street,
                                                        101 West Nueva      San Antonio, TX
                                                        Street, 10th        78207.
                                                        Floor, San
                                                        Antonio, TX 78205.
    Bexar.......................  Unincorporated       The Honorable       Bexar County        http://                Jun. 19, 2015........       480035
                                   areas of Bexar       Nelson W. Wolff,    Public Works        www.msc.fema.gov/
                                   County (15-06-       Bexar County        Department, 233     lomc.
                                   1160X).              Judge, Paul         North Pecos-La
                                                        Elizondo Tower,     Trinidad Street,
                                                        101 West Nueva      San Antonio, TX
                                                        Street, 10th        78207.
                                                        Floor, San
                                                        Antonio, TX 78205.
    Caldwell....................  City of Martindale   The Honorable       409 Main Street,    http://                May 15, 2015.........       481587
                                   (13-06-3462P).       Doyle Mosier,       Martindale, TX      www.msc.fema.gov/
                                                        Mayor, City of      78655.              lomc.
                                                        Martindale, P.O.
                                                        Box 365,
                                                        Martindale, TX
                                                        78655.
    Caldwell....................  Unincorporated       The Honorable Ken   Caldwell County,    http://                May 15, 2015.........       480094
                                   areas of Caldwell    Schawe, Caldwell    110 South Main      www.msc.fema.gov/
                                   County (13-06-       County Judge, 110   Street, Lockhart,   lomc.
                                   3462P).              South Main          TX 78644.
                                                        Street, Room 201,
                                                        Lockhart, TX
                                                        78644.
    Collin......................  Unincorporated       The Honorable       Collin County       http://                Jun. 4, 2015.........       480130
                                   areas of Collin      Keith Self,         Engineering         www.msc.fema.gov/
                                   County (14-06-       Collin County       Department, 4690    lomc.
                                   2017P).              Judge, 2300         Community Avenue,
                                                        Bloomdale Road,     Suite 200,
                                                        Suite 4192,         McKinney, TX
                                                        McKinney, TX        75071.
                                                        75071.
    Dallas......................  City of Lancaster    The Honorable       211 North Henry     http://                Jun. 1, 2015.........       480182
                                   (14-06-3046P).       Marcus E. Knight,   Street,             www.msc.fema.gov/
                                                        Mayor, City of      Lancaster, TX       lomc.
                                                        Lancaster, P.O.     75146.
                                                        Box 940,
                                                        Lancaster, TX
                                                        75146.
    Denton......................  City of Frisco (14-  The Honorable       George A. Purefoy   http://                May 4, 2015..........       480134
                                   06-3421P).           Maher Maso,         Municipal Center,   www.msc.fema.gov/
                                                        Mayor, City of      6101 Frisco         lomc.
                                                        Frisco, 6101        Square Boulevard,
                                                        Frisco Square       3rd Floor,
                                                        Boulevard,          Frisco, TX 75034.
                                                        Frisco, TX 75034.
    Denton......................  Town of Flower       The Honorable       Engineering         http://                Jun. 19, 2015........       480777
                                   Mound (14-06-        Thomas Hayden,      Department, 1001    www.msc.fema.gov/
                                   4522P).              Mayor, Town of      Cross Timbers       lomc.
                                                        Flower Mound,       Road, Suite 3220,
                                                        2121 Cross          Flower Mound, TX
                                                        Timbers Road,       75028.
                                                        Flower Mound, TX
                                                        75028.
    Denton......................  Town of Little Elm   The Honorable       Town Hall, GIS      http://                May 4, 2015..........       481152
                                   (14-06-3421P).       David Hillock,      Development         www.msc.fema.gov/
                                                        Mayor, Town of      Services, 100       lomc.
                                                        Little Elm, 100     West Eldorado
                                                        West Eldorado       Parkway, Little
                                                        Parkway, Little     Elm, TX 75068.
                                                        Elm, TX 75068.

    Denton......................  Unincorporated       The Honorable Mary  Denton County       http://                Jun. 24, 2015........       480774
                                   areas of Denton      Horn, Denton        Government          www.msc.fema.gov/
                                   County (14-06-       County Judge, 110   Center, 1505 East   lomc.
                                   2414P).              West Hickory        McKinney Street,
                                                        Street, 2nd         Suite 175,
                                                        Floor, Denton, TX   Denton, TX 76209.
                                                        76201.
    Fort Bend...................  City of Richmond     The Honorable       City Hall, 402      http://                Jul. 9, 2015.........       480231
                                   (15-06-0769P).       Evalyn W. Moore,    Morton Street,      www.msc.fema.gov/
                                                        Mayor, City of      Richmond, TX        lomc.
                                                        Richmond, 402       77469.
                                                        Morton Street,
                                                        Richmond, TX
                                                        77469.
    Fort Bend...................  Pecan Grove          Mr. Chad Howard,    Pecan Grove         http://                Jul. 9, 2015.........       481486
                                   Municipal Utility    President, Pecan    Municipal Utility   www.msc.fema.gov/
                                   District (15-06-     Grove Municipal     District, Jones     lomc.
                                   0769P).              Utility District,   and Carter
                                                        Allen Boone         Engineering, 6335
                                                        Humphries           Gulfton Drive,
                                                        Robinson LLP,,      Suite 200,
                                                        3200 Southwest      Houston, TX 77081.
                                                        Freeway, Suite
                                                        2600, Houston, TX
                                                        77027.
    Fort Bend...................  Unincorporated       The Honorable       Fort Bend County    http://                Jul. 9, 2015.........       480228
                                   areas of Fort Bend   Robert Hebert,      Engineering         www.msc.fema.gov/
                                   County (15-06-       Fort Bend County    Office, 301         lomc.
                                   0769P).              Judge, 401          Jackson Street,
                                                        Jackson Street,     Richmond, TX
                                                        Richmond, TX        77469.
                                                        77469.
    Guadalupe...................  Unincorporated       The Honorable Kyle  Guadalupe County,   http://                May 15, 2015.........       480266
                                   areas of Guadalupe   Kutscher,           2605 North          www.msc.fema.gov/
                                   County (13-06-       Guadalupe County    Guadalupe Street,   lomc.
                                   3462P).              Judge, 211 West     Seguin, TX 78155.
                                                        Court Street,
                                                        Seguin, TX 78155.
    Harris......................  Unincorporated       The Honorable Ed    Harris County       http://                May 18, 2015.........       480287
                                   areas of Harris      M. Emmett, Harris   Permit Office,      www.msc.fema.gov/
                                   County (15-06-       County Judge,       10555 Northwest     lomc.
                                   0108P).              1001 Preston        Freeway, Suite
                                                        Street, Suite       120, Houston, TX
                                                        911, Houston, TX    77092.
                                                        77002.
    Hunt........................  City of Greenville   The Honorable       Public Works        http://                Jul. 8, 2015.........       485473
                                   (14-06-1302P).       Steve Reid,         Department, 2315    www.msc.fema.gov/
                                                        Mayor, City of      Johnson Street,     lomc.
                                                        Greenville, P. O.   Greenville, TX
                                                        Box 1049,           75401.
                                                        Greenville, TX
                                                        75403.
    Tarrant.....................  City of Fort Worth   The Honorable       Department of       http://                May 22, 2015.........       480596
                                   (14-06-4247P).       Betsy Price,        Transportation      www.msc.fema.gov/
                                                        Mayor, City of      and Public Works,   lomc.
                                                        Fort Worth, 1000    1000 Throckmorton
                                                        Throckmorton        Street, Fort
                                                        Street, Fort        Worth, TX 76102.
                                                        Worth, TX 76102.
    Tarrant.....................  City of Keller (14-  The Honorable Mark  Public Works        http://                Jul. 6, 2015.........       480602
                                   06-4310P).           Mathews, Mayor,     Department, 1100    www.msc.fema.gov/
                                                        City of Keller,     Bear Creek          lomc.
                                                        P.O. Box 770,       Parkway, Keller,
                                                        Keller, TX 76244.   TX 76248.
Virginia:
    Albemarle...................  Unincorporated       Mr. Thomas C.       Albemarle County    http://                Jun. 3, 2015.........       510006
                                   areas of Albemarle   Foley, Alebemarle   Department of       www.msc.fema.gov/
                                   County (14-03-       County Executive,   Community           lomc.
                                   0864P).              401 McIntire        Development, 401
                                                        Road,               McIntire Road,
                                                        Charlottesville,    Charlottesville,
                                                        VA 22902.           VA 22902.
    Fairfax.....................  Unincorporated       Mr. Edward L.       Fairfax County      http://                Jun. 5, 2015.........       515525
                                   areas of Fairfax     Long, Jr.,          Stormwater          www.msc.fema.gov/
                                   County (15-03-       Fairfax County      Planning            lomc.
                                   0079P).              Executive, 12000    Division, 12000
                                                        Government Center   Government Center
                                                        Parkway, Fairfax,   Parkway, Suite
                                                        VA 22035.           449, Fairfax, VA
                                                                            22035.
    Frederick...................  City of Winchester   Ms. Eden Freeman,   Department of       http://                May 21, 2015.........       510173
                                   (14-03-2926P).       Manager, City of    Public Services,    www.msc.fema.gov/
                                                        Winchester, 15      Engineering         lomc.
                                                        North Cameron       Division, 15
                                                        Street,             North Cameron
                                                        Winchester, VA      Street,
                                                        22601.              Winchester, VA
                                                                            22601.
    Loudoun.....................  Town of Leesburg     The Honorable       Town Hall, 25 West  http://                May 14, 2015.........       510091
                                   (14-03-1706P).       Kristen C.          Market Street,      www.msc.fema.gov/
                                                        Umstattd, Mayor,    Leesburg, VA        lomc.
                                                        Town of Leesburg,   20176.
                                                        25 West Market
                                                        Street, Leesburg,
                                                        VA 20176.
    Loudoun.....................  Unincorporated       The Honorable       Loudoun County      http://                May 14, 2015.........       510090
                                   areas of Loudoun     Scott K. York,      Building and        www.msc.fema.gov/
                                   County (14-03-       Chairman-at-        Development         lomc.
                                   1706P).              Large, Loudoun      Department, 1
                                                        County Board of     Harrison Street
                                                        Supervisors, P.O.   Southeast,
                                                        Box 7000,           Leesburg, VA
                                                        Leesburg, VA        20175.
                                                        20177.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-10534 Filed 5-5-15; 8:45 am]
 BILLING CODE 9110-12-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460

                                                    	OFFICE OF CHEMICAL SAFETY
                                                       AND POLLUTION PREVENTION

MEMORANDUM

Date: APR-19-2013

SUBJECT:	Ethalfluralin:  Petition for the Establishment of Tolerances on Rapeseed subgroup 20A and Sunflower Subgroup 20B; Request for Registration of Sonalan[(R)] 10G (EPA Reg No. 62719-184) and Sonalan[(R)] HFP (EPA Reg No. 62719-188) on Rapeseed subgroup 20A and Sunflower Subgroup 20B.

PC Code:  113101
DP Barcode:   D401523
Decision No.: 462704
Registration No.: 62719-184 & 62719-188
Petition No.: 2E8007
Regulatory Action: Section 3 Registration
Risk Assessment Type: Single Chemical/Aggregate
Case No.: None
TXR No.: None
CAS No.: 5523-68-6
MRID No.: None
40 CFR: 180.416

FROM:	Mohsen Sahafeyan, Chemist/Risk Assessor
		Yung G. Yang, Toxicologist
		Risk Assessment Branch VI
		Health Effects Division (7509P)

THROUGH:	Felecia Fort, Branch Chief
		Risk Assessment Branch VI
		Health Effects Division (7509P)

TO:	Laura Nollen and Barbara Madden, Minor Use Team
      Risk Integration, Minor Use, and Emergency Response Branch
		Registration Division (7505P)

This document provides the Health Effects Division (HED) human health assessment for the proposed establishment of tolerances and registration of new uses of the herbicides ethalfluralin on Rapeseed subgroup 20A and Sunflower Subgroup 20B.

Introduction

Ethalfluralin [N-ethyl-N-(2-methyl-2-propenyl)-2,6-dinitro-4-(trifluoromethyl)-benzenamine] is a selective preemergence herbicide registered for use on a variety of food and feed crops. The Interregional Research Project #4 (IR-4) has requested conversion of existing sunflower and canola/rapeseed tolerances to Rapeseed subgroup 20A and Sunflower subgroup 20B for  Sonalan[(R)] 10G (EPA Reg No. 62719-184) and Sonalan[(R)] HFP (EPA Reg No. 62719-188) with concurrent removal of tolerances for ethalfluralin in or on  rapeseed and sunflower.  Sonalan[(R)] 10G is a granular formulation containing 10% ethalfluralin and Sonalan[(R)] HFP is an emulsifiable concentrate formulation containing 3 lb/gal ethalfluralin.  Both formulations are currently registered for preemergence control of certain annual grasses and broadleaf weeds in crambe, dry beans, dry peas, peanuts, rapeseed, safflower, soybeans, and sunflower.  The petitioner, IR-4, is proposing the following tolerances on the food commodities as shown below.

Commodity
Proposed Tolerance (ppm)
Rapeseed subgroup 20A
0.05
Sunflower subgroup 20B
0.05

Proposed Use

The proposed use pattern for all Rapeseed subgroup 20A and Sunflower subgroup 20B is similar to the existing registered use for canola/rapeseed and sunflower seed.  The current total maximum use rate for Sonalan HFP formulation (3 lb ai/gal) on rapeseed is 2 (1/2) pt/acre (0.94 lb ai/A), on sunflower is 4 (1/2) pt/acre (1.7 lb ai/A) and on safflower is 3 pt/acre (1.1 lb ai/A).  The current total maximum use rate for Sonalan 10G formulation on rapeseed is 9.5 lb ai/A, on sunflower is 17.0 lb ai/A, and on safflower is 11.5 lb ai/A.  Grazing or foraging crops grown in treated soil is restricted.

Toxicity Data and Endpoint Selection

The last assessment of the toxicity database for ethalfluralin was included in the most recent comprehensive risk assessment (Ethalfluralin:  Human Health Risk Assessment for (IR-4) Proposed Uses on Dill and Potato, J. R. Tomerlin, 11/2/07.  However, 40 CFR Part 158 was modified in 2007 to include the requirement for a neurotoxicity screening battery and an immunotoxicity study.  In 2012, the Hazard and Science Policy Council (HASPOC) determined that the acute and subchronic neurotoxicity studies as well as a subchronic inhalation toxicity study are not needed for the registered uses of ethalfluralin based on a weight-of-evidence approach considering all the available hazard and exposure information (Ethalfluralin:  Summary of Hazard and Science Policy Council (HASPOC) Meeting of December 6, 2012:  Recommendations on the need for inhalation and neurotoxicity battery (acute and subchronic) studies, Kristin Rury, Feb. 2013, TXR number 0056533).  However, the immunotoxicity study remains a data requirement at this time.  Although an immunotoxicity study has not been received by the Agency, there is relatively little concern as there are no indications of immunotoxicity in the toxicology database; it does not appear that ethalfluralin directly targets the immune system.  Additionally, ethalfluralin does not belong to a class of chemicals (e.g., the organotins, heavy metals, halogenated aromatic hydrocarbons) that would be expected to be immunotoxic.  Furthermore, the Agency does not believe that conducting an immunotoxicity study will result in a lower point of departure (POD) than that currently used for overall risk assessment; therefore, a database uncertainty factor (UFDB) is not needed to account for the lack of the study.  The selected Point of Departures (PODs) and toxicological endpoints and profile from the most recent human health risk assessment do not require modification.

The toxicology database concerning infants and children is considered to be complete with the exception of an immunotoxicity study.  Submitted studies included developmental rat and rabbit, and 2-generation reproduction in rats.  HED has fully evaluated the toxicity database of ethalfluralin with respect to the potential for special sensitivity of infants and children, and concludes that there is low concern for pre- and postnatal susceptibility for infants and children.  The FQPA safety factor has been reduced to 1X because (1) the toxicity database is adequate to characterize potential pre- and postnatal risk for infants and children; (2) no reproductive or developmental effects were observed in rats; and (3) although there were slight developmental effects observed (skeletal malformations) in rabbits (fetuses), they were seen in the presence of maternal toxicity.  Additionally, the dose chosen for acute dietary risk assessment is protective of the slight developmental effects observed in the rabbit developmental toxicity studies.

Residue Data

No residue data were submitted with this petition.  Rapeseed (canola varieties) and sunflower seed are representative commodities for subgroup 20A and 20B respectively for which there are adequate residue data.  Since the proposed use rates for all commodities in crop subgroup 20A and 20B are similar to those of rapeseed and sunflower seed, no further residue data are required.  Residues in the field trials for canola and sunflower seed were non-detectable.

Aggregate and Occupational Risks

The reported dietary risk estimates from exposure to food and water from the 2007 risk assessment was <1% of the population adjusted doses (PADs) for both acute and chronic exposures.  The cancer risk estimate was 2 X 10[-6].  The action associated with this petition, i.e., expansion of registered crops from representative crops to crop subgroups 20A and 20B, is not expected to result in acute and chronic dietary exposures (food + water) above 1% of the acute and chronic PADs that were reported in the 2007 assessment.  The change in cancer risk estimate from 2007 risk assessment is also expected to be minimal because the increase in consumption from the additional commodities in crop subgroup 20A and 20B and change in ethalfluralin residue levels in drinking water are expected to be minimal.  There are also no livestock feed items for the commodities in the crop subgroups 20A and 20B and therefore, there is no concern for exposure from livestock.

There are currently tolerances on representative crops of crop subgroups 20A and 20B.  These registered crops, rapeseed seed and sunflower seed, in addition to registered safflower seed are by far the most consumed commodities in crop subgroups 20A and 20B.  Other commodities in crop subgroup 20A and 20B have low consumptions and are not expected to contribute any significant amount to food exposure.

The major contributor to ethalfluralin dietary exposure is drinking water; the exposure estimate for the cancer assessment was based on monitoring data.  HED has reviewed the most recent water monitoring data to ensure there have not been significant changes from the 2007 assessment.  Data from USDA's Pesticide Data Program (PDP) and US Geological Survey, National Water-Quality Assessment Program (USGS/NAWQA) still show that there have been no detectable or very limited detectable residues of ethalfluralin in sampled drinking water and surface/ground water.  PDP sampled 3515 samples of drinking water between 2006 and 2011 and there were not detects at a limit of detection (LOD) between 30 and 400 parts per trillion (ppt).  Likewise, there has been a very low detection frequency (0.8%) of ethalfluralin in the USGS/NAWQA monitoring data in the last search by The Environmental Fate and Effects Division, EFED (EFED Registration Review Problem Formulation for Ethalfluralin, M. Barratt and J. Housenger, D382172, 03/14/11).  A new search also showed that from 2006 until the last sampling year, 2008, there was only one detect at 0.0011 ppb from 489 total samples, further minimizing concern for change in cancer risk from exposure to drinking water.  Residues in drinking water are not expected to change significantly from registration of crop subgroups 20A and 20B as the application rates for crop group 20A and 20B are the same as the currently-registered representative crops and there are far higher acreage of rapeseed and sunflower as compared to the combined acreage of other commodities in crop subgroups 20A and 20B.

At this time, there are no current or proposed residential uses for ethalfluralin.  Therefore, aggregate exposure and risk consist of only the dietary (food + water) pathway of exposure.  Aggregate acute, chronic and cancer risks are not of concern for the proposed and existing uses.

HED concludes that the proposed uses on Crop Groups 20A and B will not significantly increase aggregate exposures and risk estimates for ethalfluralin from the most recent risk assessment (Ethalfluralin:  Human Health Risk Assessment for (IR-4) Proposed Uses on Dill and Potato, J. R. Tomerlin, 11/2/07).

Since the use pattern for Sonalan[(R)] 10G and Sonalan[(R)] HFP on rapeseed subgroup 20A and sunflower subgroup 20B is identical to the currently registered crops, occupational risk estimates will be the same as those for rapeseed seed and sunflower seed, and are not of concern.

Adequacy of the Proposed Tolerances

The petitioner, IR-4, is proposing the following tolerances on the food commodities as shown below.

Commodity
Proposed Tolerance (ppm)
Current Tolerance for Representative Crop (ppm)
Rapeseed subgroup 20A
0.05
0.05 (for Rapeseed, seed)
Sunflower subgroup 20B
0.05
0.05 (for Sunflower, seed)

Proposed tolerances for residues of ethalfluralin on crop subgroups 20A and 20B commodities are identical to the tolerances for this chemical on the currently-registered rapeseed seed and sunflower seed, which are representative commodities for those crop subgroups.  Since the use patterns on crop subgroups 20A and 20B commodities are the same as their representative crops, rapeseed seed and sunflower seed, HED agrees that these tolerance levels are appropriate.  At present, there is no Codex or European MRLs for ethalfluralin and therefore, there are no concerns for international harmonization.

Conclusions

The toxicity database for ethalfluralin is considered complete except for an immunotoxicity study.  Adequate residue data are available to support the proposed use on crop subgroups 20A and 20B commodities, which have identical use patterns as the currently-registered representative commodities for those crop subgroups (rapeseed seed and sunflower seed).  There will be no increase in aggregate exposure or risk from food or drinking water sources as a result of the proposed use; aggregate risk estimates are not of concern for ethalfluralin based on the most recent comprehensive risk assessments for that compound.  Occupational exposures and risks are not of concern.  Therefore, HED has no objections to granting the proposed registration of Sonalan[(R)] 10G and Sonalan[(R)] HFP on crop subgroup 20A and crop subgroup 20B and establishing tolerances as described below with simultaneous revocation of ethalfluralin individual tolerances on  rapeseed, seed, sunflower, seed and safflower, seed.

The Petitioner should revise the proposed tolerance expressions for ethalfluralin, as follows:

      Tolerances are established for residues of the herbicide, ethalfluralin, including its metabolites and degradates, in or on the commodities in the table below.  Compliance with the tolerance levels specified below is to be determined by measuring only the residues of ethalfluralin [ N -ethyl- N -(2-methyl-2-propenyl)-2,6-dinitro-4-(trifluoromethyl)benzenamine].

Commodity
Recommended Tolerance (ppm)
Rapeseed subgroup 20A
0.05
Sunflower subgroup 20B
0.05

Ethalfluralin individual tolerances on rapeseed, seed, sunflower, seed and safflower, seed, each at 0.05 ppm should also be simultaneously revoked.


[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12549-12550]
[FR Doc No: 2020-04321]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP20-52-000; PF19-7-000]

WBI Energy Transmission, Inc.; Notice of Application

    Take notice that on February 14, 2020, WBI Energy Transmission,
Inc. (WBI), 1250 West Century Avenue, Bismarck, North Dakota 58503,
filed in the above referenced docket an application pursuant to section
7(c) of the Natural Gas Act, requesting authorization to construct,
modify, operate, and maintain the North Bakken Expansion Project
located in northwestern North Dakota, all as more fully described in
the application which is on file with the Commission and open to public
inspection.
    The filing is available for review at the Commission in the Public
Reference Room or may be viewed on the

Commission's website web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or
TTY,<PHONE_NUMBER>.
    Specifically, WBI proposes to: (i) Construct approximately 61.9
miles of new 24-inch-diameter natural gas pipeline from WBI Energy's
Tioga Compressor Station in Williams County, North Dakota to the
proposed Elkhorn Creek Compressor Station in McKenzie County, North
Dakota; (ii) construct approximately 0.3 mile of new 24-inch-diameter
natural gas pipeline from the proposed Elkhorn Creek Compressor Station
to a new interconnect with Northern Border Pipeline Company in McKenzie
County; (iii) construct approximately 20.4 miles of new 12-inch-
diameter natural gas pipeline loop along WBI Energy's Line Section 25
in Mountrail and Burke Counties, North Dakota; (iv) construct
approximately 9.4 miles of new 12-inch-diameter natural gas pipeline
loop along WBI Energy's Line Section 30 in Williams County; (v)
construct approximately 0.5 mile of new 20-inch-diameter receipt
lateral to the Tioga Compressor Station; (vi) uprate Line Section 25;
(vii) install an additional 22,500 hp at the Tioga Compressor Station;
(viii) construct a new compressor station totaling 3,750 hp, the
Elkhorn Creek Compressor Station, in McKenzie County; and (ix) install
new, and modify, existing delivery, receipt, and transfer stations
along the pipeline routes, replace small segments of pipeline
facilities and install block valves, pig launcher/receiver stations and
other associated appurtenances.
    WBI says that the project will allow it to provide an additional
350 MMcf/d of incremental firm transportation capacity from the
Williston Basin in northwest North Dakota to a new interconnect with
Northern Border's existing mainline. WBI estimates the cost of the
project to be $300 million.
    Any questions regarding this application should be directed Lori
Myerchin, Director, Regulatory Affairs and Transportation Services, WBI
Energy Transmission, Inc., 1250 West Century Avenue, Bismarck, North
Dakota 58503, by telephone at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>    On July 3, 2019, Commission staff granted WBI's request to utilize
the Pre-Filing Process and assigned Docket No. PF19-7-000 to staff
activities involved in the project. Now, as of the filing of this
application on February 14, 2020, the Pre-Filing Process for this
project has ended. From this time forward, this proceeding will be
conducted in CP20-52-000, as noted in the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 3 copies of filings made in the proceeding with the Commission
and must provide a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No. CP16-4-001, the Commission will apply its revised practice
concerning out-of-time motions to intervene in any new Natural Gas Act
section 3 or section 7 proceeding.\1\ Persons desiring to become a
party to a certificate proceeding are to intervene in a timely manner.
If seeking to intervene out-of-time, the movant is required to show
good cause why the time limitation should be waived, and should provide
justification by reference to factors set forth in Rule 214(d)(1) of
the Commission's Rules and Regulations.\2\
---------------------------------------------------------------------------

    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC 61,167 at
50 (2018).
    \2\ 18 CFR 385.214(d)(1).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on March 18, 2020.

    Dated: February 26, 2020.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2020-04321 Filed 3-2-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 28, 2009 (Volume 74, Number 101)]
[Notices]
[Page 25584-25586]
[DOCID:fr28my09-103]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59946; File No. SR-FINRA-2009-032]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating to Amendments to FINRA Rule 2360
(Options) Regarding Position Limits for Options on Exchange-Traded
Funds and Registration Qualifications With Respect to Options
Discretionary Accounts

May 20, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 11, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 2360 (Options) to (1)
establish higher position limits for options on selected exchange-
traded funds, (2) clarify the application of position limits to
conventional options on exchange-traded funds, and (3) clarify the
appropriate registration qualifications for accepting and reviewing the
acceptance of options discretionary accounts.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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 proposed rule change would add Supplementary Material to FINRA
Rule 2360 (Options) to (1) establish higher position limits for options
on selected exchange-traded funds (``ETFs'') and (2) clarify the
application of position limits to conventional options on ETFs. In
addition, the proposed rule change would amend FINRA Rule 2360(b)(18)
to clarify the appropriate registration qualifications for accepting
and reviewing the acceptance of options discretionary accounts.

    Options on ETFs. FINRA Rule 2360(b)(3) subjects standardized and
conventional options \4\ to one of five different position limits with
the maximum limit of 250,000 contracts. FINRA's position limits are
consistent with those of the Options Exchanges.\5\ The Options
Exchanges, however, have Supplementary Material that designates higher
position limits for options on selected ETFs. The position limit for
options on The DIAMONDS Trust (DIA) and the Standard and Poor's
Depositary Receipts Trust (SPY) is 300,000 contracts. The position
limit for options on The iShares Russell 2000 Index Fund (IWM) is
500,000 contracts, and the position limit for options on The
PowerShares QQQ Trust (QQQQ) is 900,000 contracts. FINRA proposes, in
accordance with Rule 2360(b)(3)(A)(vi), to establish the same position
limits on such options to ensure consistency with rules of the Options
Exchanges.
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    \4\ A ``conventional option'' is an option contract not issued,
or subject to issuance by, The Options Clearing Corporation. See
FINRA Rule 2360(a)(9). Currently, position limits for standardized
and conventional options are the same with respect to the same
underlying security.
    \5\ See Rule 4.11 of the CBOE; Rule 412 of the ISE; Rule 1001 of
NASDAQ OMX PHLX; Rule 904 of NYSE AMEX; Rule 6.8 of NYSE Arca; and
Chapter III Section 7 of the BOX (collectively referred to as the
``Options Exchanges''). The Commission notes that the NASDAQ Options
Market (``NOM'') also is an options exchange that has position limit
rules that are consistent with the Options Exchanges. See Chapter
III, Section 7 of the NOM rules.
---------------------------------------------------------------------------

    In addition, FINRA proposes to clarify that the position limits for
conventional options on ETFs should be the same as position limits for
other equity securities. Thus, if an ETF underlying a conventional
option also underlies a standardized option, then the position limit on
the conventional ETF option shall be the same as the position limit for
the standardized ETF option.\6\ However, if an ETF underlying a
conventional option does not also underlie a standardized option, then
the position limit for the conventional ETF option shall be the basic
limit of 25,000 contracts.\7\ In order for such a conventional ETF
option to qualify for a position limit greater than 25,000 contracts, a
member must apply for an increased position limit in accordance with
FINRA Rule 2360(b)(3)(A)(viii)b by first demonstrating to FINRA's
Market Regulation Department that the underlying ETF security meets the
standards for such higher options position limit and the initial
listing standards for standardized options trading.
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    \6\ Since 1999, FINRA has maintained position limit parity
between conventional and standardized options on the same security.
See Securities Exchange Act Release No. 40932 (January 11, 1999), 64
FR 2930, 2931 (January 19, 1999). Prior to 1999, position limits on
conventional options were three times greater than the limits for
standardized options. See Securities Exchange Act Release No. 40087
(June 12, 1998), 63 FR 33746 (June 19, 1998).
    \7\ See FINRA Rule 2360(b)(3)(A)(viii)a.1. Conventional options
are generally subject to a position limit equal to the greater of
(i) the basic limit of 25,000 contracts or (ii) any standardized
option position limit as set forth in Rule 2360(b)(3)(A)(ii) through
(v) (i.e., 50,000 to 250,000 contracts) for which the underlying
security qualifies.
---------------------------------------------------------------------------

    Options Discretionary Accounts. On November 12, 2008, the SEC
approved SR-FINRA-2008-032 (the ``Options Transfer Filing''), which
adopted NASD Rules 2840 through 2853 regarding Trading in Index
Warrants, Currency Index Warrants and Currency Warrants, 2860
(Options), and 2865 (Security Futures) as FINRA Rules in the
consolidated FINRA rulebook.\8\ The Options Transfer Filing renumbered
NASD Rules 2840 through 2853 as FINRA Rules 2350 through 2359, NASD
Rule 2860 as FINRA Rule 2360 and NASD Rule 2865 as FINRA Rule 2370 in
the consolidated FINRA rulebook. The FINRA rules became effective on
February 17, 2009.\9\
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    \8\ See Securities Exchange Act Release No. 58932 (November 12,
2008), 73 FR 69696 (November 19, 2008) (Notice of Filing of
Amendment No. 1 and Order Granting Accelerated Approval to a
Proposed Rule Change, as Modified by Amendment No. 1; File No. SR-
FINRA 2008-032).
    \9\ See Regulatory Notice 08-78 (December 2008) (SEC Approves
New Consolidated FINRA Rules).
---------------------------------------------------------------------------

    In response to a comment letter to the Options Transfer Filing,\10\
FINRA proposed in Amendment No. 1, consistent with the rules of the
Chicago Board Options Exchange (``CBOE''), to amend FINRA Rule
2360(b)(18) to permit greater flexibility and allow a Limited
Principal-General Securities Sales Supervisor (``LP-GSSS'') (Series 9/
10) in addition to a Registered Options Principal (``ROP'') (Series 4)
to accept an options discretionary account.\11\ Also, consistent with
the CBOE provision, FINRA retained the requirement that the review of
the acceptance of a discretionary options account may only be performed
by a ROP (Series 4).\12\ FINRA proposes to amend FINRA Rule
2360(b)(18)(A)(i)b and (b)(18)(A)(ii) to ensure that the rule text more
clearly reflects the policy approved in the Options Transfer Filing
that either a ROP (Series 4) or a LP-GSSS (Series 9/10) may accept an
options discretionary account, but that the review of the acceptance
must be performed by a ROP (Series 4).
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    \10\ See Letter from Melissa MacGregor, Vice President and
Assistant General Counsel, Securities Industry and Financial Markets
Association, to Florence E. Harmon, Acting Secretary, SEC, dated
September 4, 2008.
    \11\ See CBOE Rule 9.2.01 specifying that Options Principals are
qualified by passing either the Series 4 or the Series 9/10 and CBOE
Rule 9.2.02 specifying that the review of the acceptance of a
discretionary account must be performed by a Series 4 qualified
individual.
    \12\ FINRA would leave unchanged the requirement that ``frequent
supervisory review by a ROP who is not exercising the discretionary
authority'' should be performed by a ROP (Series 4) as stated in
Amendment No. 1 to the Options Transfer Filing.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, such that FINRA can implement the proposed rule
change immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\13\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change regarding
options on ETFs will promote consistent regulation by harmonizing
FINRA's position limits for options on ETFs with those of the Options
Exchanges and clarifying the applicable position limits for
conventional options on ETFs. In addition, FINRA believes that the
proposed rule change regarding options discretionary accounts will
clarify the appropriate registration qualifications that are required
to approve and review the approval of such accounts.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the

Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\16\
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. FINRA has requested that the
Commission waive the 30-day operative delay. The Commission notes that
FINRA's proposal is substantially similar to the rules of the Options
Exchanges and does not raise any new substantive issues.\18\ The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver will allow FINRA to harmonize its rules with the
rules of the Options Exchanges without undue delay. The Commission
hereby grants FINRA's request and designates the proposal operative
upon filing.\19\
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    \16\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of 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. FINRA has satisfied this notice requirement.
    \17\ Id.
    \18\ See supra note 5 and 11.
    \19\ For the 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 such 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.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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 No. SR-FINRA-2009-032 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 No. SR-FINRA-2009-032. 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 changes 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 FINRA. 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 No. SR-FINRA-2009-032 and should be
submitted on or before June 18, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-12311 Filed 5-27-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 10, 2008 (Volume 73, Number 70)]
[Notices]
[Page 19493-19494]
[DOCID:fr10ap08-35]

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

Federal Energy Regulatory Commission

[Project No.: 6885-009]

Cinnamon Ranch; Notice of Application Tendered for Filing With
the Commission and Soliciting Additional Study Requests

April 3, 2008.
    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.: 6885-009.
    c. Date filed: January 31, 2008.
    d. Applicant: Richard Moss.
    e. Name of Project: Cinnamon Ranch.
    f. Location: On the Middle Creek and Birch Creek, in the Hammil
Valley area of Mono County, near the Town of Benton, California. The
project occupies 0.13 acre of Forest Service lands within Inyo National
Forest and 7.4 acres of lands administered by the Bureau of Land
Management (BLM).
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Don Moss, 8381 Foppiano Way, Sacramento, CA
95829,<PHONE_NUMBER>.
    i. FERC Contact: Shana Murray<EMAIL_ADDRESS>202-502-8333.
    j. Cooperating agencies: We are asking Federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions for filing comments 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: May 31, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Additional study requests and requests for cooperating agency
status may be filed electronically via the Internet in lieu of paper.
The Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.
    m. The application is not ready for environmental analysis at this
time.
    n. The Cinnamon Ranch Project consists of: (1) Two existing
diversion flumes; (2) an existing 5,940-foot-long penstock; (3) a
powerhouse containing a

turbine and generator for a total installed capacity of 150 kilowatts;
and (4) an existing 5,176-foot-long, 12 kV transmission line. The
project is estimated to generate an average of 421,184 kilowatt-hours
annually. The dam and existing project facilities are owned by the
applicant. The licensee proposes no changes to facilities or
operations.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may 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 field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    p. With this notice, we are initiating consultation with the
California State Historic Preservation Officer (SHPO), as required by
Sec.  106, National Historic Preservation Act, and the regulations of
the Advisory Council on Historic Preservation, 36, CFR 800.4.
    q. Procedural schedule: The application will be processed according
to the following Hydro Licensing Schedule. Revisions to the schedule
will be made as appropriate.
    Issue Deficiency Letter--March 31, 2008.
    Request Additional Information--March 31, 2008.
    Issue Acceptance letter--June 30, 2008.
    Issue Scoping Document 1 for comments--July 30, 2008.
    Notice of application is ready for environmental analysis--
September 30, 2008.
    Notice of the availability of the EA--March 30, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-7605 Filed 4-9-08; 8:45 am]

BILLING CODE 6717-01-P