[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Notices]
[Pages 12913-12914]
[FR Doc No: 2020-04520]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-86-000.
    Applicants: Tejas Power Generation, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Tejas Power Generation, LLC.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5245.
    Comments Due: 5 p.m. ET 3/20/20.

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

    Docket Numbers: ER10-1852-035.
    Applicants: Florida Power & Light Company.
    Description: Notification of Change in Status Out of Time of
Florida Power & Light Company.
    Filed Date: 2/27/20.
    Accession Number: 20200227-5297.
    Comments Due: 5 p.m. ET 3/19/20.

    Docket Numbers: ER17-802-008.
    Applicants: Exelon Generation Company, LLC.
    Description: Compliance filing: Reactive Service Rate Schedule
Compliance Filing to be effective 9/20/2019.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5111.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER17-802-009.
    Applicants: Exelon Generation Company, LLC.
    Description: Compliance filing: Reactive Service Rate-Schedule
Compliance Filing to be effective 12/17/2019.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5112.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1106-000.
    Applicants: Missisquoi, LLC.
    Description: Sec.  205(d) Rate Filing: Missisquoi Change In Status
to be effective 2/27/2020.
    Filed Date: 2/27/20.
    Accession Number: 20200227-5224.
    Comments Due: 5 p.m. ET 3/19/20.

    Docket Numbers: ER20-1107-000.
    Applicants: Midcontinent Independent System Operator, Inc., ITC
Midwest LLC.
    Description: Sec.  205(d) Rate Filing: 2020-02-27_SA 2945 ITC-IPL
1st Rev FSA (J233 J514) to be effective 2/28/2020.
    Filed Date: 2/27/20.
    Accession Number: 20200227-5241.
    Comments Due: 5 p.m. ET 3/19/20.

    Docket Numbers: ER20-1108-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2020-02-28_SA 2037 Ameren-
Wabash Valley (Citizens) 4th Rev WDS Agreement to be effective 3/1/
2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5019.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1109-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2020-02-28_SA 3028 Ameren
IL-Prairie Power Project#21 Buckley to be effective 4/29/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5038.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1110-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1067R10 East Texas Electric
Cooperative NITSA and NOA to be effective 2/1/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5050.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1111-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3434R2 East Texas Electric
Cooperative NITSA and NOA to be effective 2/1/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5064.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1112-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Tariff Cancellation: Rate schedule 2 cancel to be
effective 1/30/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5088.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1113-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3616 Iron Star Wind Project/
ITC Great Plains

E&P Agr Cancel to be effective 1/30/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5101.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1114-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: PowerSouth A&R NITSA
Amendment Filing (Add CAEC-Evergreen DP & Harris Resource) to be
effective 1/28/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5106.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1116-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-02-28_SA 3425 Entergy
Arkansas-West Memphis Solar GIA (J934) to be effective 2/13/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5184.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1117-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2020-02-28_SA 3028 Ameren
IL-Prairie Power Project#22 Jamesburg to be effective 4/29/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5187.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1118-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-02-28_SA 4030
GridLiance Heartland LLC Att KK-1 Reliability Coordination to be
effective 3/1/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5189.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1119-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-02-28_GridLiance
Attachment VV Filing to be effective 3/1/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5193.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1120-000.
    Applicants: Paper Birch Energy, LLC.
    Description: Baseline eTariff Filing: MBR Application to be
effective 4/29/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5196.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1122-000.
    Applicants: Idaho Power Company.
    Description: Tariff Cancellation: Cancel SA 344 to be effective 2/
28/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5227.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1123-000.
    Applicants: Georgia Power Company.
    Description: Sec.  205(d) Rate Filing: SR Snipesville Affected
System Construction Agreement Filing to be effective 1/22/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5259.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1124-000.
    Applicants: Georgia Power Company.
    Description: Sec.  205(d) Rate Filing: SR Baxley Affected System
Construction Agreement Filing to be effective 1/21/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5264.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1125-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2020-02-28_SA 3028 Ameren
IL-Prairie Power Project#18 Disco to be effective 4/29/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5277.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1126-000.
    Applicants: Idaho Power Company.
    Description: Tariff Cancellation: Cancellation of SA 345 to be
effective 3/1/2020.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5282.
    Comments Due: 5 p.m. ET 3/20/20.

    Docket Numbers: ER20-1127-000.
    Applicants: GridLiance Heartland LLC.
    Description: Tariff Cancellation: GLH OATT TSA Termination
Agreement to be effective 12/31/9998.
    Filed Date: 2/28/20.
    Accession Number: 20200228-5290.
    Comments Due: 5 p.m. ET 3/20/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 28, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-04520 Filed 3-4-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68899-68902]
[FR Doc No: 2023-22036]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98660; File No. SR-CBOE-2023-058]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
its Fees Schedule To Adopt a Temporary Options Regulatory Fee

September 29, 2023.
    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 September 28, 2023, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fees Schedule relating to the Options

Regulatory Fee. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to revise the ORF
charged solely for the dates of September 28 and 29, 2023.
Background
    By way of background, the ORF is assessed by Cboe Options to each
Trading Permit Holder (``TPH'') for options transactions cleared by the
TPH that are cleared by the Options Clearing Corporation (``OCC'') in
the customer range, regardless of the exchange on which the transaction
occurs.\3\ In other words, the Exchange imposes the ORF on all
customer-range transactions cleared by a TPH, even if the transactions
do not take place on the Exchange. The ORF is collected by OCC on
behalf of the Exchange from the Clearing Trading Permit Holder
(``CTPH'') or non-CTPH that ultimately clears the transaction. With
respect to linkage transactions, Cboe Options reimburses its routing
broker providing Routing Services pursuant to Cboe Options Rule 5.36
for options regulatory fees it incurs in connection with the Routing
Services it provides.
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    \3\ The Exchange notes ORF also applies to customer-range
transactions executed during Global Trading Hours.
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    Revenue generated from ORF, when combined with all of the
Exchange's other regulatory fees and fines, is designed to recover a
material portion of the regulatory costs to the Exchange of the
supervision and regulation of TPH customer options business including
performing routine surveillances, investigations, examinations,
financial monitoring, and policy, rulemaking, interpretive, and
enforcement activities. Regulatory costs include direct regulatory
expenses and certain indirect expenses for work allocated in support of
the regulatory function. The direct expenses include in-house and
third-party service provider costs to support the day-to-day regulatory
work such as surveillances, investigations and examinations. The
indirect expenses include support from such areas as human resources,
legal, compliance, information technology, facilities and accounting.
These indirect expenses are estimated to be approximately 30% of Cboe
Options' total regulatory costs for 2023. Thus, direct expenses are
estimated to be approximately 70% of total regulatory costs for 2023.
In addition, it is Cboe Options' practice that revenue generated from
ORF not exceed more than 75% of total annual regulatory costs. These
expectations are estimated, preliminary and may change. There can be no
assurance that our final costs for 2023 will not differ materially from
these expectations and prior practice; however, the Exchange believes
that revenue generated from the ORF, when combined with all of the
Exchange's other regulatory fees and fines, will cover a material
portion, but not all, of the Exchange's regulatory costs.
    The Exchange monitors its regulatory costs and revenues at a
minimum on a semi-annual basis. If the Exchange determines regulatory
revenues exceed or are insufficient to cover a material portion of its
regulatory costs in a given year, the Exchange will adjust the ORF by
submitting a fee change filing to the Commission. The Exchange also
notifies TPHs of adjustments to the ORF via an Exchange Notice,
including for the change being proposed herein.\4\ Based on the
Exchange's most recent semi-annual review, the Exchange proposed to
increase the amount of ORF collected by the Exchange from $0.0017 per
contract side to $0.0030 per contract side, effective August 1,
2023.\5\ The proposed increase was based on the Exchange's estimated
projections for its regulatory costs, which have increased, coupled
with a projected decrease in the Exchange's other non-ORF regulatory
fees.\6\ Particularly, based on the Exchange's estimated projections
for its regulatory costs, the revenue being generated by ORF using the
then-current rate, would result in projected revenue that is
insufficient to cover a material portion of its regulatory costs (i.e.,
less than 75% of total annual regulatory costs). Further, when combined
with the Exchange's projected other non-ORF regulatory fees and fines,
the revenue being generated by ORF using the then-current rate results
was projected to result in combined revenue that is less than 100% of
the Exchange's estimated regulatory costs for the year.
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    \4\ See Exchange Notice, C2023071301 ``Cboe Options Exchanges
Regulatory Fee Update Effective August 1, 2023.''
    \5\ See Securities Exchange Act Release No. 98106 (August 10,
2023), 88 FR 55796 (August 16, 2023) (SR-CBOE-2023-038).
    \6\ The Exchange notes that in connection with the August 1,
2023 ORF rate change, it provided the Commission confidential
details regarding the Exchange's projected regulatory revenue,
including projected revenue from ORF, along with a breakout of its
projected regulatory expenses, including both direct and indirect
allocations.
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OIP and Current Proposal
    As noted above, on August 1, 2023 the Exchange filed to increase
ORF to $0.0030 (from $0.0017) per contract side (the ``August ORF
Filing''). However, on September 28, 2023, the Commission issued the
Suspension of and Order Instituting Proceedings to Determine whether to
Approve or Disapprove a Proposed Rule Change to Modify the Options
Regulatory Fee (``the ``OIP'').\7\ As a result of the OIP, on September
28, 2023, the ORF reverted back to the rate in place prior to August 1,
2023 (i.e., $0.0017 per contract side).
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    \7\ See Securities Exchange Act Release No. 98596 (September 28,
2023) (SR-CBOE-2023-038).
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    To ensure consistency of ORF assessments for the full month of
September 2023, the Exchange proposes to modify the Fee Schedule to
specify that the amount of ORF that will be collected by the Exchange
through September 29, 2023 (i.e., the last trading day of the month of
September), will be $0.0030 per contract side (the ``September ORF
Rate'') and that effective October 2, 2023, the ORF will be $0.0017 per
contract side.\8\ The Exchange believes that revenue generated from the
ORF, including based on the September ORF Rate, will continue to cover
a material portion, but not all, of the Exchange's regulatory costs.
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    \8\ This proposal is not intended to be responsive to any issues
that may be raised in the OIP, but to instead address the immediate
issue of billing for September 28 and 29th.
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    As noted above, the Exchange endeavors to notify TPHs of any change
in the amount of the fee at least 30 calendar days prior to the
effective date of the change via Exchange Notice; however, the Exchange
notes that as a

result of the OIP, such notice in this instance could not be given 30
days in advance.
    For avoidance of doubt, the Exchange notes that the September ORF
Rate applies only through September 29, 2023 and that the ORF,
effective October 2, 2023, will be assessed at a rate of $0.0017 per
contract (i.e., the rate in place prior to the August ORF Filing).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) \9\ of the Act, in general, and
Section 6(b)(4) and (5) \10\ of the Act, in particular, in that it is
designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among its members and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposal Is Reasonable
    The Exchange believes the proposed September ORF Rate is reasonable
because it would help maintain fair and orderly markets and benefit
investors and the public interest because it would ensure transparency
and consistency of ORF for the entire month of September 2023.
Specifically, the proposal would ensure that the amount of ORF
collected by the Exchange for the trading days of September 28 and 29,
2023 will be the same rate collected on every other trading day in
September (i.e., $0.0030 per contract side). The Exchange believes this
will avoid disruption to its TPHs that are subject to the ORF. As noted
above, the Exchange may only use regulatory funds such as ORF ``to fund
the legal, regulatory, and surveillance operations'' of the Exchange.
The Proposal Is an Equitable Allocation of Fees
    The Exchange believes its proposal is an equitable allocation of
fees among its market participants. The Exchange believes that the
proposed September ORF Rate would not place certain market participants
at an unfair disadvantage because all options transactions must clear
via a clearing firm. Such clearing firms can then choose to pass
through all, a portion, or none of the cost of the ORF to its
customers, i.e., the entering firms. Because the ORF is collected from
TPH clearing firms by the OCC on behalf of the Exchange, the Exchange
believes that using options transactions in the Customer range serves
as a proxy for how to apportion regulatory costs among such TPHs. In
addition, the Exchange notes that the regulatory costs relating to
monitoring TPHs with respect to Customer trading activity are generally
higher than the regulatory costs associated with TPHs that do not
engage in Customer trading activity, which tends to be more automated
and less labor-intensive. By contrast, regulating TPHs that engage in
Customer trading activity is generally more labor intensive and
requires a greater expenditure of human and technical resources as the
Exchange needs to review not only the trading activity on behalf of
Customers, but also the TPH's relationship with its Customers via more
labor-intensive exam-based programs. As a result, the costs associated
with administering the customer component of the Exchange's overall
regulatory program are materially higher than the costs associated with
administering the non-customer component (e.g., TPH proprietary
transactions) of its regulatory program. Thus, the Exchange believes
the September ORF Rate (like the rate assessed for every other trading
day in September 2023) would be equitably allocated in that it is
charged to all TPHs on all their transactions that clear in the
Customer range at the OCC.
The Proposed Fee is not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. The Exchange believes that the proposed September ORF
Rate would not place certain market participants at an unfair
disadvantage because all options transactions must clear via a clearing
firm. Such clearing firms can then choose to pass through all, a
portion, or none of the cost of the ORF to its customers, i.e., the
entering firms. Because the ORF is collected from TPH clearing firms by
the OCC on behalf of the Exchange, the Exchange believes that using
options transactions in the Customer range serves as a proxy for how to
apportion regulatory costs among such TPHs. In addition, the Exchange
notes that the regulatory costs relating to monitoring TPH with respect
to Customer trading activity are generally higher than the regulatory
costs associated with TPHs that do not engage in Customer trading
activity, which tends to be more automated and less labor-intensive. By
contrast, regulating TPHs that engage in Customer trading activity is
generally more labor intensive and requires a greater expenditure of
human and technical resources as the Exchange needs to review not only
the trading activity on behalf of Customers, but also the TPH's
relationship with its Customers via more labor-intensive exam-based
programs. As a result, the costs associated with administering the
customer component of the Exchange's overall regulatory program are
materially higher than the costs associated with administering the non-
customer component (e.g., TPH proprietary transactions) of its
regulatory program. Thus, the Exchange believes the September ORF Rate
(like the rate assessed for every other trading day in September 2023),
is not unfairly discriminatory because it is charged to all TPHs on all
their transactions that clear in the Customer range at the OCC.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
    Intramarket Competition. The Exchange believes the proposed fee
change would not impose an undue burden on competition as it is charged
to all TPHs on all their transactions that clear in the Customer range
at the OCC; thus, the amount of ORF imposed is based on the amount of
Customer volume transacted. The Exchange believes that the proposed ORF
would not place certain market participants at an unfair disadvantage
because all options transactions must clear via a clearing firm. Such
clearing firms can then choose to pass through all, a portion, or none
of the cost of the ORF to its customers, i.e., the entering firms. In
addition, because the ORF is collected from TPH clearing firms by the
OCC on behalf of the Exchange, the Exchange believes that using options
transactions in the Customer range serves as a proxy for how to
apportion regulatory costs among such TPHs.
    Intermarket Competition. The proposed fee change is not designed to
address any competitive issues. Rather, the proposed change is designed
to help the Exchange adequately fund its regulatory activities while
seeking to ensure that total regulatory revenues do not exceed total
regulatory costs.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CBOE-2023-058 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-CBOE-2023-058. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CBOE-2023-058 and should be
submitted on or before October 25, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22036 Filed 10-3-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Page 49647]
[FR Doc No: 2016-17838]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2241-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Ninnescah Wind Energy, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 10, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: July 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-17838 Filed 7-27-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Rules and Regulations]
[Pages 25517-25519]
[FR Doc No: 2017-11463]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0401]
RIN 1625-AA00

Safety Zone; East River and Buttermilk Channel, Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Brooklyn half of the East River, south of
Dupont Street in Greenpoint, Brooklyn and East 25th Street in
Manhattan, and Buttermilk Channel, north of the Buttermilk Channel
Entrance Lighted Gong Buoy 1 (LLNR 36985). The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards associated with a dielectric oil spill response and shoreside
repair operations. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
New York.

DATES: This rule is effective without actual notice from June 2, 2017
through 5 p.m. on July 14, 2017. For the purposes of enforcement,
actual notice will be used from 4 p.m. on May 8, 2017 June 2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0401 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jeff Yunker, Sector New York Waterways Management
Division; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PCB Polychlorinated Biphenyl
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable and
contrary to the public interest to delay this rule to let a comment
period run. It would be impracticable and contrary to the public
interest because waiting for a comment period to run would inhibit the
Coast Guard's response to protecting the environment and public from
the dangers associated with a maritime pollution response and shoreside
repair efforts.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable and contrary to public
interest for the same reasons discussed in the preceding paragraph.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that the emergency pollution response
activities pose hazards to the boating public within the Brooklyn, NY
half of the East River and Buttermilk Channel. The COTP has determined
that this rule is necessary to protect the public from these hazards.

IV. Discussion of the Rule

    This rule establishes a safety zone from 4 p.m. on May 8, 2017
through 5 p.m. on July 14, 2017. The safety zone will cover all
navigable waters of the Brooklyn, NY half of the East River and
Buttermilk Channel. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the dielectric fluid is being recovered and necessary
shoreside repair operations are ongoing. No person or vessel will be
permitted to enter the safety zone unless obtaining permission from the
COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been

designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which will impact a small
designated area of the East River and Buttermilk Channel for
approximately two months. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to enter the zone
if the response activities are completed in less than two months.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section V
A above, this rule will not have a significant economic impact on any
recreational vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a safety zone for up to two months.
Therefore, it is excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A Record of Environmental
Consideration for Categorically Excluded Actions is available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T01-0401 to read as follows:

Sec.  165.T01-0401  Safety Zone; East River and Buttermilk Channel, NY.

    (a) Location. The following area is a safety zone: All waters of
the Brooklyn half of the East River, south of a line drawn from (pa)
40[deg]44'07.5'' N., 073[deg]57'40.3'' W. (Dupont Street, Greenpoint,
Brooklyn, NY) to 40[deg]44'10.1'' N., 073[deg]58'21.6'' W. (NAD 83)
(East 25th Street, Manhattan, NY) and Buttermilk Channel, north of the
Buttermilk Channel Entrance Lighted Gong Buoy 1 (LLNR 36985).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the COTP to act on his or her
behalf. A designated

representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (c) Enforcement period. This safety zone is effective and will be
enforced from 4 p.m. on May 8, 2017 through 5 p.m. on July 14, 2017.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
    (2) During periods of enforcement, no vessel shall enter the safety
zone unless permitted by the COTP or a designated representative. Any
person or vessel allowed to enter the safety zone must comply with all
orders and directions from the COTP or a COTP's designated
representative while said person or vessel is within the safety zone.
    (3) During periods of enforcement, upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of the vessel must proceed as directed.

    Dated: May 8, 2017.
Michael H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2017-11463 Filed 6-1-17; 8:45 am]
 BILLING CODE 9110-04-P