[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Page 14024]
[FR Doc No: 2011-5948]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0104]

Draft Guidance for Industry on Non-Penicillin Beta-Lactam Risk
Assessment: A CGMP Framework; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Non-Penicillin
Beta-Lactam Risk Assessment: A CGMP Framework.'' This guidance
describes the importance of implementing appropriate steps during the
manufacturing process to prevent cross-contamination of finished
pharmaceuticals and active pharmaceutical ingredients (APIs) with non-
penicillin beta-lactam antibiotics. The draft guidance is intended to
assist manufacturers in assessing whether separate facilities should be
used based on the relative health risk of cross-reactivity.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by May 16, 2011.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research (CDER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request. The guidance may also be obtained by mail by calling CDER
at<PHONE_NUMBER>. See the SUPPLEMENTARY INFORMATION section for
information on electronic access to the guidance.
    Submit electronic comments concerning the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Edwin Melendez, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 4370, Silver Spring, MD 20993-0002, 301-
796-3284.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Non-Penicillin Beta-Lactam Risk Assessment: A CGMP
Framework.'' This draft guidance describes the importance of
implementing appropriate steps during the manufacturing process to
prevent cross-contamination of finished pharmaceuticals and APIs with
non-penicillin beta-lactam antibiotics. It also provides information
regarding the relative health risk of, and the potential for, cross-
reactivity in the classes of sensitizing beta-lactams (penicillins and
non-penicillin beta-lactams).
    Drug cross-contamination is the contamination of one drug with one
or more different drugs. Cross-contamination with non-penicillin beta-
lactam drugs can initiate drug-induced hypersensitivity reactions,
including anaphylaxis, an allergic reaction that may be a life-
threatening event. One critical aspect of manufacturing non-penicillin
beta-lactam drugs is preventing cross-contamination to reduce the
potential for drug-induced, life-threatening allergic reactions. FDA is
recommending that manufacturers establish appropriate separation and
control systems designed to prevent the following types of cross-
contamination: (1) Non-penicillin beta-lactam contamination in a non-
beta-lactam product (e.g., cefaclor in aspirin) and (2) non-penicillin
beta-lactam contamination in another non-penicillin beta-lactam (e.g.,
cephalexin in imipenem).
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on non-
penicillin beta-lactam risk assessment. It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statute and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: March 9, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-5948 Filed 3-14-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Notices]
[Pages 36336-36338]
[FR Doc No: 2012-14752]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0159]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 10 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. If granted, the exemptions would enable these
individuals to qualify as drivers of commercial motor vehicles (CMVs)
in interstate commerce without meeting the Federal vision requirement.

DATES: Comments must be received on or before July 18, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0159 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 10 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Donald S. Dickerson

    Mr. Dickerson, age 65, has complete loss of vision in his right eye
due to a traumatic injury sustained in 2000. The best corrected visual
acuity in his left eye is 20/20. Following an examination in 2011, his
optometrist noted, ``In my opinion Mr. Dickerson has no difficulties in
performing visual tasks

needed to operate a commercial vehicle.'' Mr. Dickerson reported that
he has driven straight trucks for 28 years, accumulating 1.7 million
miles. He holds a Class A Commercial Driver's License (CDL) from West
Virginia. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Michael J. Ernst

    Mr. Ernst, 61, has loss of vision in his left eye due to a
traumatic injury sustained in 1972. The best corrected visual acuity in
his right eye is 20/20, and in his left eye, light perception only.
Following an examination in 2012, his optometrist noted, ``Mr. Ernst
has sufficient vision to operate a commercial vehicle.'' Mr. Ernst
reported that he has driven tractor-trailer combinations for 19 years,
accumulating 1.1 million miles. He holds a Class A CDL from Nebraska.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Derek L. Jones, Sr.

    Mr. Jones, 50 has had an enucleation of his left eye since
childhood. The best corrected visual acuity in his right eye is 20/20.
Following an examination in 2012, his ophthalmologist noted, ``This and
the visual acuity indicates that he has normal vision in this eye thus
his vision should not limit his ability to operate a commercial
vehicle.'' Mr. Jones reported that he has driven straight trucks for
one year, accumulating 37,500 miles, and tractor-trailer combinations
for 25 years, accumulating 1.5 million miles. He holds a Class A CDL
from Georgia. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Richard L. Miller

    Mr. Miller, 52, has had amblyopia in his left eye since birth. The
best corrected visual acuity in his right eye is 20/20, and in his left
eye, 20/400. Following an examination in 2011, his optometrist noted,
``It is my opinion, given Mr. Miller's life long amblyopia (decreased
vision of one eye) that he is well adapted to his visual condition and
makes appropriate adjustments for operating a commercial vehicle.'' Mr.
Miller reported that he has driven tractor-trailer combinations for 30
years, accumulating 3.9 million miles. He holds a Class A CDL from
Indiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

James R. Morgan

    Mr. Morgan, 58, has a prosthetic right eye due to a history of
retinoblastoma sustained as a child. The best corrected visual acuity
in his left eye is 20/20. Following an examination in 2012, his
ophthalmologist noted, ``The patient does have sufficient vision to
meet the requirements to operate a commercial vehicle.'' Mr. Morgan
reported that he has driven straight trucks for 15 years, accumulating
150,000 miles, and tractor-trailer combinations for 20 years,
accumulating 1,000 miles. He holds a Class C chauffer's license from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

William C. Sanders

    Mr. Sanders, 31, has optic atrophy in his right eye from a
traumatic injury sustained as a child. The best corrected visual acuity
in his right eye is 20/150, and in his left eye, 20/20. Following an
examination in 2011, his optometrist noted, ``In my opinion, patient
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Sanders reported that he has driven
straight trucks for 17 years, accumulating 85,000 miles. He holds a
Class B CDL from Tennessee. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Dan P. Till

    Mr. Till, 63, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/25 and in his
left eye, 20/60. Following an examination in 2012, his ophthalmologist
noted, ``In my medical opinion the patient Mr. Till has sufficient
corrected vision to perform the task to operate a commercial motor
vehicle, and qualify for Federal Motor Carrier Safety Administration
criteria.'' Mr. Till reported that he has driven straight trucks for 41
years, accumulating 164,000 miles, and tractor-trailer combinations for
41 years, accumulating 4.5 million miles. He holds a Class A CDL from
Texas. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Richard D. Tucker II

    Mr. Tucker, 43, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye, 20/20, and in his
left eye, 20/80. Following an examination in 2011, his optometrist
noted, ``It is our opinion that Mr. Tucker has sufficient vision to
operate a commercial vehicle, however, it is strongly recommended that
he returns for his annual eye examination.'' Mr. Tucker reported that
he has driven straight trucks for 23 years, accumulating 1.8 million
miles. He holds a Class A CDL from North Carolina. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Jay A. Turner

    Mr. Turner, 46, has had refractive amblyopia in his left eye since
birth. The best corrected visual acuity in his right eye, 20/20, and in
his left eye, 20/400. Following an examination in 2012, his optometrist
noted, ``Mr. Jay Turner, in our opinion, has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Turner reported that he has driven straight trucks for 4 years,
accumulating 208,000 miles, and tractor-trailer combinations for 9
years, accumulating 468,000 miles. He holds a Class A CDL from Ohio.
His driving record for the last 3 years shows one crash, which he was
not cited for, and no convictions for moving violations in a CMV.

Jack L. Woolever

    Mr. Woolever, 58, has had amblyopia in his left eye since birth.
The best corrected visual acuity in his right eye is 20/30, and in his
left eye, 20/400. Following an examination in 2012, his ophthalmologist
noted, ``I believe this patient has sufficient vision to be able to
continue driving commercially.'' Mr. Woolever reported that he has
driven straight trucks for 5 years, accumulating 50,000 miles, and
tractor-trailer combinations for 5 years, accumulating 50,000 miles. He
holds a Class A CDL from Missouri. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business July 18, 2012. Comments will be
available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment

closing date. Interested persons should monitor the public docket for
new material.

    Issued on: June 11, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-14752 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-EX-P


Comment Info: =================

General Comment: Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks many questions which I might want to respond to. I want to provide my thoughts and comments on many of these issues, but due to the restraints of work and raising a family, I have a limited amount of time in which to do research. I have already spent many hours researching and dissecting these issues, but it takes time to gather a sufficient knowledge base with which to make informed, intelligent remarks . I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback on something that could drastically change the options available to us in this market.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life by helping me quit traditional tobacco products altogether. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you may take my comments into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation. This is especially important to the end-consumers, perhaps more so than lobbyists or representatives from one group or another, since we actually use the products and don't possibly have just a financial motivation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Pages 24114-24117]
[FR Doc No: 2021-09439]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91710; File No. SR-PEARL-2021-18]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend
Interpretation and Policy .13 (Temporary Extension of the Limited
Period for Registered Persons To Function as Principals) to Exchange
Rule 3100, Registration Requirements, To Extend The Expiration Date of
The Temporary Amendment Set Forth in SR-PEARL-2020-36 from April 30,
2021 to June 30, 2021

April 29, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on April 21, 2021, MIAX PEARL, LLC (``MIAX Pearl''
or the ``Exchange'') 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 substantially prepared by
the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Interpretation and
Policy .13 (Temporary Extension of the Limited Period for Registered
Persons to Function as Principals) to Exchange Rule 3100, Registration
Requirements, to extend the expiration date of the temporary amendment
set forth in SR-PEARL-2020-36 from April 30, 2021 to June 30, 2021. The
Exchange does not anticipate providing any further extensions to the
temporary amendment identified in this proposed rule change beyond June
30, 2021.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl, at MIAX
Pearl's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Interpretation and Policy .13
(Temporary Extension of the Limited Period for Registered Persons to
Function as Principals) to Exchange Rule 3100, Registration
Requirements, to extend the expiration date of the temporary amendment
set forth in SR-PEARL-2020-36 from April 30, 2021 to June 30, 2021. The
proposed rule change would extend the 120-day period that certain
individuals can function as principals without having successfully
passed an appropriate qualification examination through June 30,
2021,\3\ and would apply only to those individuals who were designated
to function as principals prior to March 3, 2021. This proposed rule
change is based on a filing recently submitted by the Financial
Industry Regulatory Authority, Inc. (``FINRA'') \4\ and is intended to
harmonize the Exchange's registration rules with those of FINRA so as
to promote uniform standards across the securities industry.
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    \3\ See Exchange Act Release No. 91506 (April 8, 2021) 86 FR
19671 (April 14, 2021) (SR-FINRA-2021-005) (the ``FINRA Filing'').
The Exchange notes that the FINRA Filing also provides temporarily
relief to individuals registered with FINRA as Operations
Professionals under FINRA Rule 1220. The Exchange does not have a
registration category for Operations Professionals and therefore,
the Exchange is not proposing to adopt that aspect of the FINRA
Filing. If the Exchange seeks to provide additional temporary relief
from the rule requirement identified in this proposal beyond June
30, 2021, it will submit a separate rule filing to further extend
the temporary extension of time.
    \4\ See id.
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    In response to the COVID-19 global pandemic, last year FINRA began
providing temporary relief by way of frequently asked questions
(``FAQs'') \5\ to address disruptions to the administration of FINRA
qualification examinations caused by the pandemic that have
significantly limited the ability of individuals to sit for
examinations due to Prometric test center capacity issues.\6\
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    \5\ See https://www.finra.org/rules-guidance/key-topics/covid-19/faq#qe.
    \6\ At the outset of the COVID-19 pandemic, all FINRA
qualification examinations were administered at test centers
operated by Prometric. Based on the health and welfare concerns
resulting from COVID-19, in March 2020 Prometric closed all of its
test centers in the United States and Canada and began to slowly
reopen some of them at limited capacity in May. Currently, Prometric
has resumed testing in many of its United States and Canada test
centers, at either full or limited occupancy, based on local and
government mandates.
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    FINRA published the first FAQ on March 20, 2020, providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 \7\ prior to February 2, 2020, would be given until May
31, 2020, to pass the appropriate principal qualification
examination.\8\ On May 19, 2020, FINRA extended the relief to pass the
appropriate examination until June 30, 2020. On June 29, 2020, FINRA
again extended the temporary relief

providing that individuals who were designated to function as
principals under FINRA Rule 1210.04 prior to May 4, 2020, would be
given until August 31, 2020, to pass the appropriate principal
qualification examination. On August 28, 2020, FINRA filed with the
Commission a proposed rule change for immediate effectiveness to extend
the temporary relief provided via the two FAQs by adopting: (1)
Temporary Supplementary Material .12 (Temporary Extension of the
Limited Period for Registered Persons to Function as Principals) under
FINRA Rule 1210 (Registration Requirements), and (2) temporary
Supplementary Material .07 (Temporary Extension of the Limited Period
for Persons to Function as Operations Professionals) under FINRA Rule
1220 (Registration Categories).\9\ Pursuant to this rule filing,
individuals who were designated prior to September 3, 2020, to function
as a principal under FINRA Rule 1210.04 would have until December 31,
2020, to pass the appropriate qualification examination.
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    \7\ Exchange Rule 3100, Interpretation and Policy .04, is the
corresponding rule to FINRA Rule 1210.04.
    \8\ FINRA Rule 1210.04 (Requirements for Registered Persons
Functioning as Principals for a Limited Period) allows a FINRA-
member firm to designate certain individuals to function in a
principal capacity for 120 calendar days before having to pass an
appropriate principal qualification examination. Exchange Rule 3100,
Interpretation and Policy .04, provides the same allowance to
Exchange Members.
    \9\ See Exchange Act Release No. 89732 (September 1, 2020), 85
FR 55535 (September 8, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2020-026).
---------------------------------------------------------------------------

    Thereafter, on December 9, 2020, FINRA filed with the Commission a
proposed rule change for immediate effectiveness to extend the limited
period for registered persons to function as a principal through April
30, 2021.\10\ Pursuant to this rule filing, individuals who were
designated prior to January 1, 2021 to function as a principal would
have until April 30, 2021 to pass the appropriate qualifying
examination. On December 28, 2020, the Exchange filed with the
Commission a proposed rule change for immediate effectiveness to extend
the limited period for registered persons to function as a principal
through April 30, 2021.\11\
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    \10\ See Exchange Act Release No. 90617 (December 9, 2020), 85
FR 81258 (December 15, 2020) (SR-FINRA-2020-043).
    \11\ See Exchange Act Release No. 90831 (December 30, 2020), 86
FR 633 (January 6, 2021) (SR-PEARL-2020-36).
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    The Exchange continues to closely monitor the impact of the COVID-
19 pandemic on Members,\12\ investors, and other stakeholders. The
Exchange initially provided temporary relief to address the
interruptions in the administration of FINRA qualification examinations
at Prometric test centers and the limited ability of individuals to sit
for the examinations caused by the COVID-19 pandemic.\13\ As mentioned
in the FINRA Filing (SR-FINRA-2021-005), FINRA noted that the pandemic
could result in firms potentially experiencing significant disruptions
to their normal business operations that may be exacerbated by being
unable to keep principal positions filled. Specifically, FINRA noted
that the limitation of in-person activities and staff absenteeism as a
result of the health and welfare concerns stemming from COVID-19 could
result in firms having difficulty finding other qualified individuals
to transition into those roles or requiring them to reallocate employee
time and resources away from other critical responsibilities at the
firm's organization.
---------------------------------------------------------------------------

    \12\ The term ``Member'' means an individual or organization
that is registered with the Exchange pursuant to Chapter II of these
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See Exchange Rule 100.
    \13\ Information about the continued impact of COVID-19 on
FINRA-administered examinations is available at https://www.finra.org/rules-guidance/key-topics/covid-19/exams.
---------------------------------------------------------------------------

    While there are signs of improvement, the COVID-19 conditions
necessitating the temporary relief persist and the Exchange has
determined that there is a continued need for this temporary relief
beyond April 30, 2021. Although Prometric has resumed testing in many
of its U.S. test centers, Prometric's safety practices mean that
currently not all test centers are open, some of the open test centers
are at limited capacity, and some open test centers are delivering only
certain examinations that have been deemed essential by the local
government.\14\ In addition, while certain states have started to ease
COVID-19 restrictions on businesses and social activities, public
health officials continue to emphasize the importance for individuals
to keep taking numerous steps to protect themselves and help slow the
spread of the disease.\15\
---------------------------------------------------------------------------

    \14\ Information from Prometric about its safety practices and
the impact of COVID-19 on its operations is available at https://www.prometric.com/corona-virusupdate. See also supra note 13.
    \15\ See, e.g., Centers for Disease Control and Prevention, How
to Protect Yourself & Others, https://www.cdc.gov/coronavirus/2019-ncov/prevent-gettingsick/prevention.html.
---------------------------------------------------------------------------

    Although the COVID-19 conditions necessitating the temporary relief
persist, the Exchange believes that an extension of the relief is
necessary only until June 30, 2021, because FINRA recently expanded the
availability of online examinations. Prior to this expansion, the
ongoing effects of the pandemic made it impracticable for Members to
ensure that the individuals who they had designated to function in a
principal capacity, as set forth in Exchange Rule 3100, Interpretation
and Policy .04, could successfully sit for and pass an appropriate
qualification examination within the 120-calendar day period required
under the rules.\16\ Specifically, if the individual wanted to take a
qualifying examination, they were required to accept the health risks
associated with taking an in-person examination because those
examinations were not available online. On February 24, 2021, however,
FINRA adopted an interim accommodation request process to allow
candidates to take additional FINRA examinations online, including the
General Securities Principal (``Series 24'') and Operations
Professional (``Series 99'') examinations.\17\ Because the Series 24
qualifying examination has been made available online only recently,
the Exchange is concerned that individuals who have been designated to
function in a principal capacity may not have sufficient time to
schedule, study for, and take the applicable examination before April
30, 2021, the date the temporary amendment is set to expire. Therefore,
the Exchange proposes to extend the expiration date of the temporary
amendment set forth in Exchange Rule 3100, Interpretation and Policy
.13, from April 30, 2021 until June 30, 2021. The proposed rule change
would apply only to those individuals who have been designated to
function as a principal prior to March 3, 2021. As noted above, the
Exchange does not anticipate providing any further extensions to the
temporary amendment and any individuals designated to function as a
principal on or after March 3, 2021, will need to successfully pass an
appropriate qualification examination within 120 days.
---------------------------------------------------------------------------

    \16\ See supra note 13.
    \17\ Id.
---------------------------------------------------------------------------

    The Exchange believes that this proposed continued extension of
time is tailored to address the needs and constraints on a Member's
operations during the COVID-19 pandemic, without significantly
compromising critical investor protection. The proposed extension of
time will help to minimize the impact of COVID-19 on Members by
providing continued flexibility so that Members can ensure that
principal positions remain filled. The potential risks from the
proposed extension of the 120-day period are mitigated by a Member's
continued requirement to supervise the activities of these designated
individuals and ensure compliance with federal securities laws and
regulations, as well as Exchange and FINRA rules.
    The Exchange has filed the proposed rule change for immediate
effectiveness and has requested that the Commission waive the
requirement that the proposed

rule change not become operative for 30 days after the date of the
filing, so the Exchange can implement the proposed rule change
immediately.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \18\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \19\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change is intended to minimize the impact of
COVID-19 on Member operations by further extending the 120-day period
certain individuals may function as a principal without having
successfully passed an appropriate qualification examination under
Exchange Rule 3100, Interpretation and Policy .04, until June 30, 2021.
The proposed rule change does not relieve Members from maintaining,
under the circumstances, a reasonably designed system to supervise the
activities of their associated persons to achieve compliance with
applicable securities laws and regulations, and with applicable
Exchange and FINRA rules that directly serve investor protection. In a
time when faced with unique challenges resulting from the COVID-19
pandemic, the Exchange believes that the proposed rule change is a
sensible accommodation that will continue to afford Members the ability
to ensure that critical positions are filled and client services
maintained, while continuing to serve and promote the protection of
investors and the public interest in this unique environment.

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 proposed rule change is
intended to provide temporary relief given the impacts of the COVID-19
pandemic crisis and to also maintain consistency with the rules of
other self-regulatory organizations (``SROs'') with respect to the
registration requirements applicable to Members and their registered
personnel. In that regard, the Exchange believes that any burden on
competition would be clearly outweighed by providing Members with
temporary relief in this unique environment while also ensuring clear
and consistent requirements applicable across SROs and mitigating any
risk of SROs implementing different standards in these important areas.
In its filings, FINRA provides an abbreviated economic impact
assessment maintaining that the changes are necessary to temporarily
rebalance the attendant benefits and costs of the obligations under
FINRA Rule 1210 in response to the impacts of the COVID-19 pandemic
that is equally applicable to the changes the Exchange proposes.\20\
The Exchange accordingly incorporates FINRA's abbreviated economic
impact assessment by reference.
---------------------------------------------------------------------------

    \20\ See supra notes 3 and 10; see also Exchange Act Release No.
89732 (September 1, 2020), 85 FR 55535 (September 8, 2020) (SR-
FINRA-2020-26).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \21\ and Rule 19b-
4(f)(6) thereunder.\22\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give 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.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. As noted
above, the Exchange stated that the conditions necessitating the
temporary relief continue to exist and the proposed extension of time
will help minimize the impact of the COVID-19 outbreak on Members'
operations by allowing them to keep principal positions filled and
minimizing disruptions to client services and other critical
responsibilities. Despite signs of improvement, the Exchange further
stated that the ongoing extenuating circumstances of the COVID-19
pandemic make it impractical to ensure that individuals designated to
act in a principal capacity are able to take and pass the appropriate
qualification examination during the 120-calendar day period required
under the rules.
    The Exchange observed that, following a nationwide closure of all
test centers earlier in the year, some test centers have re-opened, but
are operating at limited capacity or are only delivering certain
examinations that have been deemed essential by the local
government.\23\ However, on February 24, 2021, FINRA began providing
the General Securities Principal (Series 24) Examination online through
an interim accommodation request process.\24\ Prior to this change, if
individuals wanted to take these qualifying examinations, they were
required to accept the health risks associated with taking an in-person
examination. Even with the expansion of online qualifications
examinations, the Exchange stated that extending the expiration date of
the relief set forth in SR-PEARL-2020-36 until June 30, 2021 is still
needed. The Exchange stated that this temporary relief will provide
flexibility to allow individuals who have been designated to function
as a principal sufficient time to schedule, study for and take the
applicable examination before the temporary relief expires. Notably,
the Exchange stated that it does not anticipate providing any further
extensions to the temporary amendment and that any individuals
designated to function as a principal on or after March 3, 2021 will
need to successfully pass an appropriate qualification examination
within 120 days.
---------------------------------------------------------------------------

    \23\ See supra notes 13 and 14. The Exchange notes that
Prometric has also had to close some reopened test centers due to
incidents of COVID-19 cases.
    \24\ See supra note 13 (including the February 24, 2021
announcement of the interim accommodation process for candidates to
take certain examinations, including the General Securities
Principal (Series 24) Examination, online.)
---------------------------------------------------------------------------

    For these reasons, the Commission believes that waiver of the 30-
day operative delay is consistent with the protection of investors and
the public

interest.\25\ Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\26\
---------------------------------------------------------------------------

    \25\ As noted above by the Exchange, this proposal is an
extension of temporary relief provided in SR-PEARL-2020-36 where the
Exchange also requested and the Commission granted a waiver of the
30-day operative delay. See SR-PEARL-2020-36, 86 FR at 635-36.
    \26\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2021-18 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-PEARL-2021-18. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2021-18 and should be submitted on
or before May 26, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-09439 Filed 5-4-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61794-61795]
[FR Doc No: 2012-24955]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67976; File No. SR-Phlx-2012-105]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto,
Regarding Treasury Securities Options

October 4, 2012.

I. Introduction

    On August 7, 2012, NASDAQ OMX PHLX LLC (``Exchange'' or ``Phlx'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
adopt new rules in the Exchange's 1000D Series to permit the listing
and trading of options on Treasury securities. The proposed rule change
was published for comment in the Federal Register on August 23,
2012.\3\ On September 25, 2012, the Exchange filed Amendment No. 1 to
the proposed rule change.\4\ The Commission received no comments on the
proposal. This order approves the proposed rule change, as modified by
Amendment No. 1 thereto.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 67683 (August 17,
2012), 77 FR 51088 (August 23, 2012) (``Notice'').
    \4\ In Amendment No. 1, the Exchange proposed minor wording
changes to substitute the phrase ``options listing timeframe'' for
the certain other phrases throughout the rule text and Exhibit 1.
Amendment No. 1 is technical in nature, and therefore the Commission
is not publishing Amendment No. 1 for public comment.
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to adopt rules that would, in conjunction
with current applicable Exchange rules and procedures, permit the
listing and trading of options on Treasury securities.\5\ The Exchange
intends to list and trade standardized options on two specific types of
marketable on-the-run Treasury securities: notes and bonds. Treasury
securities options will be designated by reference to the issuer of the
underlying Treasury security, principal amount, expiration month (and
year for the longest term option series), exercise price, type (put or
call), stated rate of interest, and stated date of maturity or nominal
term to maturity.
---------------------------------------------------------------------------

    \5\ Subsection (a)(1) of proposed Rule 1001D defines the term
``Treasury security'' as a bond or note or other evidence of
indebtedness that is a direct obligation of, or an obligation
guaranteed as to principal or interest by, the United States or a
corporation in which the United States has a direct or indirect
interest (except debt securities guaranteed as to timely payment of
principal and interest by the Government National Mortgage
Association). Securities issued or guaranteed by individual
departments or agencies of the United States are sometimes referred
to by the title of the department or agency involved (e.g., a
``Treasury security'' is a debt instrument that is issued by the
U.S. Treasury).
---------------------------------------------------------------------------

    Pricing and Transparency. Treasury securities are initially sold in
a scheduled auction process and thereafter trade in a secondary market.
The Exchange asserts that the prices of Treasury securities are widely
disseminated, active, and visible to traders and investors. In
addition, the Exchange represents that it intends to obtain real-time
Treasury prices from a market data provider so that it can use these
data in support of the Exchange's market, regulatory, and surveillance
operations, as well as for opening and determining settlement values
for Treasury options. The Exchange has represented that, 30 days prior
to the start of trading Treasury security options, it will make an
announcement, via an Options Trader Alert, to its member organizations
regarding the details of the proposed real-time Treasury price
offering. The Exchange has represented that, on the basis of the real-
time Treasury data that the Exchange is able to get, it may offer an
alternative Treasury data feed to Exchange members that may desire to
acquire such data from the Exchange.
    The Exchange would list options only on on-the-run Treasury
securities. The Exchange believes that these securities are extremely
liquid and afford excellent price discovery because on-the-run (as
opposed to off-the-run) Treasury securities are the most recently
issued U.S. Treasury bonds or notes and are the most frequently traded
securities of a maturity. Further, the Exchange notes that on-the-run
Treasury securities are readily quoted and offered by numerous public
sources and broker-dealers, and that prices are also available from
exchanges that trade derivatives on Treasuries.
    Trading Rules. Treasury securities options will trade on the
Exchange's electronic options platform, Phlx XL,\6\ and settle like
equity options on the

Exchange. Exchange rules applicable to equity options trading generally
will be applicable to Treasury securities options unless a specific
rule in the 1000D Series is to the contrary or supplements an existing
rule. Trading hours will correspond to the hours during which equity
options are normally traded on the Exchange, which currently are 9:30
a.m. to 4 p.m. ET.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32) (order approving
Phlx XL II).
---------------------------------------------------------------------------

    Terms and Criteria for Listing and Trading. Treasury securities may
be initially approved by the Exchange as underlying securities for
Exchange transactions in specific CUSIP options, subject to
requirements as to size of original issuance (the original public sale
of an underlying Treasury security must be at least $1 billion in
principle), aggregate principal amount outstanding, and years to
maturity. Additionally, approval will extend only to the settled, on-
the-run Treasury securities.\7\ The Exchange will not approve a
subsequent on-the-run Treasury security until after the expiration of
all the options that are listed pursuant to this described options
listing timeframe.
---------------------------------------------------------------------------

    \7\ See Phlx Rule 1006D. The proposal is designed to ensure that
a Treasury security is eligible for underlying options only during
its most liquid on-the run period. Options on a newly settled
(subsequent) on-the-run Treasury security can be listed only after
all the options that are listed pursuant to the preceding options
listing timeframe expire. This minimizes or negates overlap and
proliferation of Treasury options. An on-the run Treasury security
in the options listing timeframe becomes off-the-run when there is a
subsequent auction for the Treasury security and as a result the
newly settled security becomes on-the-run. The Exchange will not
list options on the subsequent on-the-run Treasury security until
all options listed within the options listing timeframe on the
immediately preceding on-the-run Treasury security (which has become
off-the-run) expire.
---------------------------------------------------------------------------

    The expiration month and exercise price of each series will be
determined by the Exchange at the time that the series is first opened
for trading. The Exchange will open a minimum of one expiration month
and series for each class of options. The Exchange may open and add
Treasury options in one or all of the months in the options listing
timeframe. Treasury security options opened for trading on the Exchange
will expire on a monthly basis.
    Minimum Price Variation. Treasury securities options will have a
minimum increment of $0.01.\8\ The Exchange asserts that the proposed
$0.01 increment is appropriate for Treasury securities options to allow
traders to make the most effective use of the product for hedging
purposes. The Exchange also represents that the proposed $0.01
increments will not cause any capacity problems.
---------------------------------------------------------------------------

    \8\ See Phlx Rule 1013D.
---------------------------------------------------------------------------

    Series Open for Trading. The Exchange proposes that the exercise
price of each series of Treasury security options will be fixed at a
price denominated in $0.50 increments. The exercise price will be
reasonably close to, and no more than 20% away from, the price at which
the underlying security is traded in the primary market at the time the
series of options is first opened for trading.
    Settlement. Treasury securities options will be physically settled,
European-style options that may be exercised only on the day that they
expire. Trading in Treasury securities options ordinarily will cease on
the business day (usually a Friday) preceding the expiration date. The
expiration date will be the Saturday immediately following the third
Friday of the expiration month. The settlement process for Treasury
securities options will be the same as the settlement process for
equity options under current Exchange rules (e.g., Phlx Rule 1044).
Payment of the aggregate exercise price must be accompanied by payment
of accrued interest on the underlying Treasury security.
    Additional information relating to options on Treasury securities--
including definitions, listing standards, expiration, exercise,
settlement, margin rules, positions limits, doing business with the
public, and surveillance--can be found in the Notice.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\9\ In particular, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\10\ which requires that the rules of an
exchange be designed, among other things, to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Commission believes that the
proposal appropriately balances, on the one hand, the Exchange's desire
to offer a new product to investors with, on the other hand, the
necessity of having appropriate rules for listing, trading and margin,
among other considerations relevant under the Act. The Commission notes
that it has previously approved similar rules permitting other options
exchanges to list and trade options on Treasury securities.\11\
---------------------------------------------------------------------------

    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ See Chicago Board Options Exchange (``CBOE'') rules 21.1-
21.31. See also Securities Exchange Act Release No. 18371 (December
23, 1981), 46 FR 63423 (December 31, 1981) (approving SR-Amex-81-1
and SR-CBOE-81-27).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-Phlx-2012-105), as modified
by Amendment No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24955 Filed 10-10-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Page 70432]
[FR Doc No: 2012-28544]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-9-000]

Magic Valley Pipeline, L.P.; Notice of Filing

    Take notice that on November 15, 2012, Magic Valley Pipeline, L.P.
(Magic Valley) filed to revise its Statement of Operating Conditions
(SOC) to reflect among other things, the discontinuation of
interruptible transportation service as more fully described in the
filing.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of 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 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive 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>.
    Comment Date: 5:00 p.m. Eastern Time on Tuesday, November 27, 2012.

    Dated: November 19, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-28544 Filed 11-23-12; 8:45 am]
BILLING CODE 6717-01-P