[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Notices]
[Page 44764]
[FR Doc No: 2017-20517]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2511-000]

RE Gaskell West 5 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
RE Gaskell West 5 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 October 10, 2017.
    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: September 20, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-20517 Filed 9-25-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]
[Page 36188-36189]
[DOCID:fr22jy09-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 15, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-94-000.
    Applicants: Covanta Holding Corporation, Veolia Environmental
Services North Amer, Montenay International Corp, MONTENAY MONTGOMERY
LTD PARTNERSHIP
    Description: Joint Application for Authorization of Disposition of
Facilities under Section 203 of the Federal Power Act and Request for
Expedited Consideration and Waivers of Montenay Montgomery Limited
Partnership, et al.
    Filed Date: 07/13/2009.
    Accession Number: 20090713-5232.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.

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

    Docket Numbers: EG09-74-000.
    Applicants: Fox Islands Wind LLC.
    Description: Self Certification Notice of Exempt Wholesale
Generator Status of Fox Islands Wind LLC.
    Filed Date: 07/15/2009.
    Accession Number: 20090715-5048.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 5, 2009.

    Docket Numbers: EG09-75-000.
    Applicants: BP Alternative Energy North America, Inc.
    Description: Notice of Self-Certification of Rolling Thunder I
Power Partners, LLC as an Exempt Wholesale Generator.
    Filed Date: 07/15/2009.
    Accession Number: 20090715-5051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 5, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER03-552-011; ER03-984-009.
    Applicants: New York Independent System Operator, Inc.
    Description: Status Report of New York Independent System Operator,
Inc.
    Filed Date: 07/15/2009.
    Accession Number: 20090715-5015.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 5, 2009.

    Docket Numbers: ER09-1339-002.
    Applicants: Grand Ridge Energy II LLC.
    Description: Grand Ridge Energy II LLC submits supplement to the
market-based rate application it filed with the FERC on 6/25/09, as
supplemented on 6/26/09.
    Filed Date: 07/14/2009.
    Accession Number: 20090715-0135.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.

    Docket Numbers: ER09-1340-002.
    Applicants: Grand Ridge Energy III LLC.
    Description: Grand Ridge Energy III LLC submits supplement to the
market-based rate application it filed with the FERC on 6/25/09, as
supplemented on 6/26/09.
    Filed Date: 07/15/2009.
    Accession Number: 20090715-0137.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 5, 2009.

    Docket Numbers: ER09-1341-002.
    Applicants: Grand Ridge Energy IV LLC.
    Description: Grand Ridge Energy II LLC submits supplement to the
market-based rate application it filed with the FERC on 6/25/09, as
supplemented on 6/26/09.
    Filed Date: 07/14/2009.
    Accession Number: 20090715-0136.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.

    Docket Numbers: ER09-1342-002.
    Applicants: Grand Ridge Energy V LLC.
    Description: Grand Ridge Energy V LLC submits supplement to the
market based rate application filed on 6/25/09, as supplemented on 6/
26/09.
    Filed Date: 07/14/2009.
    Accession Number: 20090715-0134.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.

    Docket Numbers: ER09-1412-000.
    Applicants: U.S. Energy Partners LLC.
    Description: US Energy Partners LLC submits Petition for Acceptance
of Initial Tariff, Waivers and Blanket Authority FERC Electric Tariff,
Original Volume 1, effective 9/10/09.
    Filed Date: 07/13/2009.
    Accession Number: 20090715-0099.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.

    Docket Numbers: ER09-1445-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits an executed Generator Interconnection Agreement with Northern
States Power Company et al.
    Filed Date: 07/13/2009.
    Accession Number: 20090714-0011.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.

    Docket Numbers: ER09-1446-000.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, LLC submits Original Service
Agreement 2205 to FERC Electric Tariff, Sixth Revised Volume 1.
    Filed Date: 07/13/2009.
    Accession Number: 20090714-0065.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.

    Docket Numbers: ER09-1447-000.
    Applicants: Xcel Energy Operating Companies.
    Description: Xcel Energy Operating Companies submits Original Sheet
1 et al to FERC Electric Tariff, Original Volume 5, Service Agreement
223-PSCo.
    Filed Date: 07/13/2009.
    Accession Number: 20090714-0056.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.

    Docket Numbers: ER09-1448-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits First
Revised Sheet 7 et al to FERC Electric Tariff, First Revised Volume 5
Service Agreement 90.
    Filed Date: 07/13/2009.
    Accession Number: 20090714-0057.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.

    Docket Numbers: ER09-1449-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits its Average System
Cost filing for sales of electric power to the Bonneville Power
Administration.
    Filed Date: 07/13/2009.
    Accession Number: 20090714-0087.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.

    Docket Numbers: ER09-1451-000.
    Applicants: Bayside Power L.P.
    Description: Bayside Power, LP submits Notice of Cancellation of
Market Based Rate Tariff.
    Filed Date: 07/14/2009.
    Accession Number: 20090714-0095.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.

    Docket Numbers: ER09-1452-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits an updated Appendix A to the Second
Amended and Restated Transmission Service and Operating Agreement.
    Filed Date: 07/14/2009.
    Accession Number: 20090714-0096.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.
    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES09-39-000.
    Applicants: Duquesne Light Company.
    Description: Application of Duquesne Light Company for Order
authorizing issuance of short-term indebtedness.
    Filed Date: 07/14/2009.
    Accession Number: 20090714-5141.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.
    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA08-72-004.
    Applicants: Northwestern Corporation (Montana).
    Description: Compliance Filing of Northwestern Corporation
(Montana).
    Filed Date: 07/14/2009.
    Accession Number: 20090714-5104.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 4, 2009.

    Docket Numbers: OA97-93-001; TS04-178-001.
    Applicants: The Empire District Electric Company.
    Description: The Empire District Electric Company Notice of Change
in Facts and Request for Renewal of Waiver of Standards of Conduct, or,
in the Alternative, Request for Extension of Time to Comply With the
Standards of Conduct.
    Filed Date: 07/13/2009.
    Accession Number: 20090713-5233.
    Comment Date: 5 p.m. Eastern Time on Monday, August 3, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-17362 Filed 7-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Rules and Regulations]
[Pages 37209-37211]
[FR Doc No: 2014-15440]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0501]
RIN 1625-AA00

Safety Zone, Delaware River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Delaware
River in Philadelphia, PA, from 8:30 p.m. to 9:30 p.m. on July 1, 2014.
The safety zone will restrict vessel traffic on the Delaware River
while a fireworks event is taking place, inside a boundary described as
spanning from the Pennsylvania shore to the New Jersey shore and is
bounded in the south by a line from position 39[deg]56'18'' N,
longitude 075[deg]08'30'' W; thence to latitude 39[deg]56'17'' N,
longitude 075[deg]07'56'' W, and bounded on the north by the Benjamin
Franklin Bridge. This safety zone is necessary to protect the public
and vessels in the surrounding area from the hazards associated with a
fireworks display.

DATES: This rule is effective and will be enforced from 8:30 p.m. to
9:30 p.m. on July 1, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0501]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email If you have questions on this temporary rule, call or
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware
Bay, Chief Waterways Management Division, Coast Guard; telephone (215)
271-4851, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final 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; the usual procedure is impracticable because
we did not receive final details for this event until May 28, 2014, and
the event is scheduled for July 1, 2014. Further, allowing this event
to go forward without a safety zone in place would expose mariners and
the public to

unnecessary dangers associated with fireworks displays, contrary to the
public interest.

B. Basis and Purpose

    On July 1, 2014, fireworks will be launched from a barge with a
fall out zone that covers part of Delaware River. The Captain of the
Port, Sector Delaware Bay, has determined that the Delaware River
Waterfront Corp. Fireworks Display will pose significant risks to the
public. The purpose of the rule is to promote public and maritime
safety during a fireworks display, and to protect mariners transiting
the area from the potential hazards associated with a fireworks
display, such as accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone in the waters of the
Delaware River in Philadelphia, PA, from 8:30 p.m. to 9:30 p.m. on July
1, 2014. The safety zone will restrict vessel traffic from entering in
the immediate area of the fireworks barge. The fireworks barge will be
held in place by a tug inside a boundary described as spanning from the
Pennsylvania shore to the New Jersey shore and is bounded in the south
by a line from position 39[deg]56'18'' N, longitude 075[deg]08'30'' W;
thence to latitude 39[deg]56'17'' N, longitude 075[deg]07'56'' W, and
bounded on the north by the Benjamin Franklin Bridge. During the period
of the safety zone, all persons and vessels will be prohibited from
entering, transiting, mooring, or remaining within the zone, unless
specifically authorized by the Captain of the Port Delaware Bay, or her
designated representative. Those persons authorized to transit through
the safety zone shall abide by and follow all directions provided by
the Captain of the Port Delaware Bay, or her designated representative,
in order to ensure they are not disrupting the fireworks display. U.S.
Coast Guard Sector Delaware Bay will notify the public by broadcast
notice to mariners at least one hour prior to the times of enforcement.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels may still be permitted to transit through the safety zone with
the permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced for only the duration of the fireworks
display.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to anchor or transit along a portion of the Delaware River
near Philadelphia, Pennsylvania from 8:30 p.m. to 9:30 p.m. on July 1,
2014, unless cancelled earlier by the Captain of the Port once all
operations are completed.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: Vessel
traffic will be allowed to pass through the zone with permission of the
Coast Guard Captain of the Port Delaware Bay or her designated
representative and zone is limited in size and duration. Sector
Delaware Bay will issue maritime advisories widely available to users
of the Delaware Bay and River.

3. Assistance for Small Entities

    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,
above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
This zone will temporarily restrict vessel traffic from transiting the
Delaware River along the shoreline of Philadelphia, Pennsylvania, in
order to protect the safety of life and property on the waters for the
duration of the fireworks display. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add temporary Sec.  165.T05-0501 to read as follows:

Sec.  165.T05-0501  Safety Zone, Delaware River; Philadelphia, PA.

    (a) Location. The following area is a safety zone: All waters of
the Delaware River in Philadelphia, PA inside a boundary described as
spanning from the Pennsylvania shore to the New Jersey shore and is
bounded in the south by a line from position 39[deg]56'18'' N,
longitude 075[deg]08'30'' W; thence to latitude 39[deg]56'17'' N,
longitude 075[deg]07'56'' W, and bounded on the north by the Benjamin
Franklin Bridge.
    (b) Enforcement period. This rule will be enforced from 8:30 p.m.
to 9:30 p.m. on July 1, 2014, unless cancelled earlier by the Captain
of the Port once all operations are completed.
    (c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.33.
    (1) All persons and vessels transiting through the Safety Zone must
be authorized by the Captain of the Port or her designated
representative.
    (2) Vessels granted permission to transit must do so in accordance
with the directions provided by the Captain of the Port or her
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of
the Port's representative can be contacted via marine radio VHF Channel
16.
    (4) This section applies to all vessels wishing to transit through
the Safety Zone except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (5) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (7) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (8) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander of
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.

    Dated: June 18, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-15440 Filed 6-30-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4868-4870]
[FR Doc No: 2023-01407]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96707; File No. SR-ICC-2023-001]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
ICC's Fee Schedules

January 19, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
\1\ and Rule 19b-4,\2\ notice is hereby given that on January 5, 2023,
ICE Clear Credit LLC (``ICC'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I, II and III
below, which Items have been prepared primarily by ICC. ICC filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ such that the proposed rule change was
immediately effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to modify
ICC's fee schedules to implement reduced fees for credit default index
swaptions (``Index Options'') for the remainder of calendar year 2023.
These revisions do not require any changes to the ICC Clearing Rules.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC 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. ICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    The proposed changes are intended to modify ICC's fee schedules to
implement reduced fees for Index Options for the remainder of calendar
year 2023.\5\ ICC maintains a Clearing Participant (``CP'') fee
schedule \6\ and client fee schedule \7\ (collectively, the ``fee
schedules'') that are publicly available on its website, which ICC
proposes to update. Clearing fees are due by CPs and clients in
accordance with the product, amount and currency set out in the fee
schedules and subject to any incentive program described in the fee
schedules. The proposed changes to the fee schedules are set forth in
Exhibit 5A and Exhibit 5B and described in detail as follows. ICC
proposes to make such changes effective January 5, 2023 (the
``Effective Date''), subject to the completion of any applicable
regulatory review process.
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    \5\ Pursuant to an Index Option contract, one party (the
``Swaption Buyer'') has the right (but not the obligation) to cause
the other party (the ``Swaption Seller'') to enter into an index
credit default swap transaction at a pre-determined strike price on
a specified expiration date on specified terms. In the case of Index
Options that may be cleared by ICC, the underlying index credit
default swap is limited to certain CDX and iTraxx index credit
default swaps that are accepted for clearing by ICC, and which would
be automatically cleared by ICC upon exercise of the Index Option by
the Swaption Buyer in accordance with its terms.
    \6\ CP fee details available at: https://www.theice.com/publicdocs/clear_credit/ICE_Clear_Credit_Fees_Clearing_Participant.pdf.
    \7\ Client fee details available at: https://www.theice.com/publicdocs/clear_credit/ICE_Clear_Credit_Fees.pdf. As specified, all
fees are charged directly to a client's CP.
---------------------------------------------------------------------------

    The amended CP fee schedule would reduce Index Option fees to $1.5/
million or [euro]1.5/million for the remainder of calendar year 2023.
Under the regular CP fee schedule, Index Option fees are $3/million or
[euro]3/million, subject to an incentive program that provides a tiered
discount schedule based on U.S. Dollar equivalent, non-discounted Index
Option fees billed since the start of the year.\8\ ICC also discounted
CP Index Option fees for a portion of 2022, which expired at the end of
calendar year 2022.\9\ Under the proposed changes, in addition to
updating the fee table, ICC would include a footnote to indicate that
the listed fees of $1.5/million or [euro]1.5/million are applicable
from the Effective Date through calendar year 2023 and reflect a
discount from ICC's regular Index Option fees of $3/million or [euro]3/
million. On the first business day of 2024, ICC would remove this
discount and the listed fees would revert to ICC's regular Index Option
fees on this schedule dated January 2024.
---------------------------------------------------------------------------

    \8\ A description of this incentive program is included in a
prior filing. SEC Release No. 34-90524 (November 27, 2020) (notice),
85 FR 78157 (December 3, 2020) (SR-ICC-2020-013).
    \9\ A description of the 2022 CP Index Option fee discount is
included in prior SEC filing Release No. 34-94330 (February 28,
2022) (notice), 87 FR 12508 (March 4, 2022) (SR-ICC-2022-001).
---------------------------------------------------------------------------

    The amended client fee schedule would reduce Index Option fees to
$2/million or [euro]2/million for the remainder of calendar year 2023.
Under the regular client fee schedule, Index Option fees are $4/million
or [euro]4/million. ICC also discounted client Index Option fees for a
portion of 2022, which expired at the end of calendar year 2022.\10\
Under the proposed changes, in addition to updating the fee table, ICC
would

indicate in a footnote that the listed fees of $2/million or [euro]2/
million are applicable from the Effective Date through calendar year
2023 and reflect a discount from ICC's regular Index Option fees of $4/
million or [euro]4/million. On the first business day of 2024, ICC
would remove this discount and the listed fees would revert to ICC's
regular Index Option fees on this schedule dated January 2024.
---------------------------------------------------------------------------

    \10\ A description of the 2022 client Index Option fee discount
is included in prior SEC filing Release No. 34-94330 (February 28,
2022) (notice), 87 FR 12508 (March 4, 2022) (SR-ICC-2022-001).
---------------------------------------------------------------------------

(b) Statutory Basis
    ICC believes that the proposed rule change is consistent with the
requirements of the Act, including Section 17A of the Act \11\ and the
regulations thereunder applicable to it. More specifically, the
proposed rule change establishes or changes a member due, fee or other
charge imposed by ICC under Section 19(b)(3)(A)(ii) of the Act \12\ and
Rule 19b-4(f)(2) \13\ thereunder. ICC believes the proposed rule change
is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17A(b)(3)(D),\14\ which requires that the rules of the clearing agency
provide for the equitable allocation of reasonable dues, fees, and
other charges among its participants.
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    \11\ 15 U.S.C. 78q-1.
    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
    \14\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    ICC believes that the proposed discounts in the fee schedules have
been set at an appropriate level. In determining the appropriate
discount level, ICC considered factors such as volume, revenue, and
market participation in the clearing service, including based on
different fee levels. ICC also considered costs and expenses in
offering clearing of Index Options, taking into account the investments
that ICC has made in clearing such products and the level of investment
and development needed for this clearing service at this time. In ICC's
view, the fees are reasonable as the discounts correspond with
anticipated volumes, costs and expenses, and revenues, and they
consider current and past market activity as well as anticipated market
activity with respect to clearing Index Options at ICC.\15\
Furthermore, the proposed discounts are in line with past Index Option
incentive programs that ICC offered, which similarly temporarily
reduced Index Option fees without any further action required by CPs or
clients. Under the proposed changes, the same percentage discount
(i.e., 50%) from ICC's regular Index Option fees would apply to both
CPs and clients. These reduced fees are designed to incentivize the
clearing of Index Options by CPs and clients to grow this clearing
service.
---------------------------------------------------------------------------

    \15\ Supporting detail and additional data, including clearing
statistics for Index Options is included in confidential Exhibit 3.
---------------------------------------------------------------------------

    Moreover, the proposed fee changes will apply equally to all market
participants clearing Index Options. The reduced fees for Index Options
for calendar year 2023 apply to all CPs and clients. ICC's fee
schedules will continue to be transparent and to apply equally to
market participants clearing indexes, single names, and Index Options
at ICC. Therefore, the proposed rule change provides for the equitable
allocation of reasonable dues, fees and other charges among
participants, within the meaning of Section 17A(b)(3)(D) of the
Act.\16\ ICC therefore believes that the proposed rule change is
consistent with the requirements of Section 17A of the Act \17\ and the
regulations thereunder applicable to it and is appropriately filed
pursuant to Section 19(b)(3)(A) of the Act \18\ and paragraph (f)(2) of
Rule 19b-4 \19\ thereunder.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(D).
    \17\ 15 U.S.C. 78q-1.
    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purpose of the Act. As discussed
above, the proposed changes modify ICC's fee schedules to temporarily
reduce fees for Index Options and will apply uniformly across all
market participants. The implementation of such changes does not
preclude other market participants from offering such instruments for
clearing or offering incentive programs. Moreover, ICC does not believe
that the amendments would adversely affect the ability of market
participants to access clearing services. Accordingly, ICC does not
believe the amendments impose any burden on competition not necessary
or appropriate in furtherance of the purpose of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \20\ and paragraph (f) of Rule 19b-4 \21\
thereunder. 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.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-ICC-2023-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2023-001. 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 filings will also be available for

inspection and copying at the principal office of ICE Clear Credit and
on ICE Clear Credit's website at https://www.theice.com/clear-credit/regulation.
    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-ICC-2023-001 and should be
submitted on or before February 15, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01407 Filed 1-24-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Page 65735]
[FR Doc No: 2011-27381]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0722]

Draft Guidance for Industry: Implementation of Acceptable
Abbreviated Donor History Questionnaire and Accompanying Materials for
Use in Screening Frequent Donors of Blood and Blood Components;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft document entitled ``Guidance for Industry:
Implementation of Acceptable Abbreviated Donor History Questionnaire
and Accompanying Materials for Use in Screening Frequent Donors of
Blood and Blood Components'' dated October 2011. The draft guidance
document recognizes the abbreviated donor history questionnaire and
accompanying materials (aDHQ documents), version 1.3 dated August 2011,
as an acceptable mechanism for collecting blood donor history
information from frequent donors of blood and blood components that is
consistent with FDA's requirements and recommendations for collecting
donor history information. The aDHQ documents will provide blood
establishments that collect blood and blood components with a specific
process for administering questions to frequent donors of blood and
blood components to determine their eligibility to donate.

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 January 23, 2012.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Office of Communication, Outreach and Development (HFM-
40), Center for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. Send one self-addressed adhesive label to assist the office in
processing your requests. The draft guidance may also be obtained by
mail by calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
guidance document.
    Submit electronic comments on 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.

FOR FURTHER INFORMATION CONTACT: Tami Belouin, Center for Biologics
Evaluation and Research (HFM-17), Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft document entitled
``Guidance for Industry: Implementation of Acceptable Abbreviated Donor
History Questionnaire and Accompanying Materials for Use in Screening
Frequent Donors of Blood and Blood Components'' dated October 2011. The
draft guidance document recognizes the aDHQ documents, version 1.3
dated August 2011, prepared by the AABB Donor History Task Force, as an
acceptable mechanism for collecting blood donor history information
from frequent donors of blood and blood components that is consistent
with FDA's requirements and recommendations. The aDHQ documents will
provide blood establishments that collect blood and blood components
with a specific process for administering questions to frequent donors
of blood and blood components to determine their eligibility to donate.
The guidance also advises licensed manufacturers who choose to
implement the acceptable aDHQ documents on how to report the
manufacturing change consisting of the implementation of the aDHQ
documents under 21 CFR 601.12.
    The draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent FDA's current thinking on this topic. 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 requirement of the applicable statutes
and regulations.

II. Paperwork Reduction Act of 1995

    The draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR 601.12 have been approved under
OMB Control No. 0910-0338; the collections of information in 21 CFR
606.171 have been approved under OMB Control No. 0910-0458; and the
collections of information in 21 CFR 640.3 have been approved under OMB
Control No. 0910-0116.

III. Comments

    The draft guidance is being distributed for comment purposes only
and is not intended for implementation at this time. 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.

IV. Electronic Access

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

    Dated: October 18, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-27381 Filed 10-21-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Notices]
[Page 34796-34799]
[DOCID:fr18jn10-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62280]

Order Granting Application for Extension of a Temporary
Conditional Exemption Pursuant to Section 36(a) of the Exchange Act by
the International Securities Exchange, LLC Relating to the Ownership
Interest of International Securities Exchange Holdings, Inc. in an
Electronic Communications Network

June 11, 2010.

I. Introduction

    On December 22, 2008, the Securities and Exchange Commission
(``Commission'') approved a proposal filed by the International
Securities Exchange, LLC (``ISE'' or ``Exchange'') in connection with
corporate transactions (the ``Transactions'') in which, among other
things, the parent company of ISE, International Securities Exchange
Holdings, Inc. (``ISE Holdings''), purchased a 31.54% ownership
interest in Direct Edge Holdings LLC (``Direct Edge''), the owner and
operator of Direct Edge ECN (``DECN''), a registered broker-dealer and
electronic communications network (``ECN'').\1\ Following the closing
of the Transactions (the ``Closing''), Direct Edge's wholly-owned
subsidiary, Maple Merger Sub LLC (``Merger Sub'') began to operate a
marketplace for the trading of U.S. cash equity securities by Equity
Electronic Access Members of ISE (the ``Facility''), under ISE's rules
and as a ``facility,'' as defined in Section 3(a)(2) of the Securities
Exchange Act of 1934 (``Exchange Act''),\2\ of ISE.\3\
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    \1\ See Securities Exchange Act Release No. 59135 (December 22,
2008), 73 FR 79954 (December 30, 2008) (order approving File No. SR-
ISE-2008-85).
    \2\ 15 U.S. C. 78c(a)(2).
    \3\ Under Section 3(a)(2) of the Act, the term ``facility,''
when used with respect to an exchange, includes ``its premises,
tangible or intangible property whether on the premises or not, any
right to the use of such premises or property or any service thereof
for the purpose of effecting or reporting a transaction on an
exchange (including, among other things, any system of communication
to or from the exchange, by ticker or otherwise, maintained by or
with the consent of the exchange), and any right of the exchange to
the use of any property or service.''
---------------------------------------------------------------------------

    DECN, which operates as an ECN and submits its limit orders to the
Facility for display and execution, is an affiliate of ISE through ISE
Holdings' equity interest in DE Holdings. DECN also is a facility, as
defined in Section 3(a)(2) of the Exchange Act, of ISE because it is an
affiliate of ISE used for the purpose of effecting and reporting
securities transactions. Because DECN is a facility of ISE, ISE, absent
exemptive relief, would be obligated under Section 19(b) of the
Exchange Act to file with the Commission proposed rules governing the
operation of DECN's systems and subscriber fees.
    On December 22, 2008, the Commission exercised its authority under
Section 36 of the Exchange Act to grant ISE a temporary exemption,
subject to certain conditions, from the requirements under Section
19(b) of the Exchange Act with respect to DECN's proposed rules.\4\ On
June 19, 2009, the Commission extended this temporary exemption for an
additional 180 days, subject to certain conditions.\5\ On December 16,
2009, the Commission further extended the temporary exemption for an
additional 180 days, subject to certain conditions.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59133 (December 22,
2008), 73 FR 79940 (December 30, 2008) (``Exemption Order'').
    \5\ See Securities Exchange Act Release No. 60152 (June 19,
2009), 74 FR 30334 (June 25, 2009) (``June Extension'').
    \6\ See Securities Exchange Act Release No. 61174 (December 16,
2009), 74 FR 68294 (December 23, 2009) (``December Extension'').
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    On May 19, 2010, ISE filed with the Commission, pursuant to Rule 0-
12 \7\ under the Exchange Act, an application under Section 36(a)(1) of
the Exchange Act \8\ to extend the relief granted in the Exemption
Order through August 31, 2010.\9\ This order grants ISE's request,
subject to the satisfaction of certain conditions, which are outlined
below.
---------------------------------------------------------------------------

    \7\ 17 CFR 240.0-12.
    \8\ 15 U.S.C. 78mm(a)(1).
    \9\ See letter from Michael J. Simon, General Counsel and
Secretary, ISE, to Elizabeth M. Murphy, Secretary, Commission, dated
May 19, 2010 (``Extension Request'').
---------------------------------------------------------------------------

II. Application for an Extension of the Temporary Conditional Exemption
From the Section 19(b) Rule Filing Requirements

    On May 19, 2010, ISE requested that the Commission exercise its
authority under Section 36 of the Exchange Act to temporarily extend,
subject to certain conditions, the temporary conditional exemption
granted in the Exemption Order from the rule filing procedures of
Section 19(b) of the Exchange Act in

connection with ISE Holdings' equity ownership interest in DE Holdings
and the continued operation of DECN as a facility of ISE.\10\
---------------------------------------------------------------------------

    \10\ See Extension Request at 3.
---------------------------------------------------------------------------

    In May 2009, EDGA Exchange, Inc., and EDGX Exchange, Inc.
(together, the ``Exchange Subsidiaries''), two wholly-owned
subsidiaries of DE Holdings, filed with the Commission Form 1
applications (the ``Form 1 Applications'') to register as national
securities exchanges under Section 6 of the Exchange Act.\11\ The Form
1 Applications, which included the proposed rules of the Exchange
Subsidiaries, were published for comment on September 17, 2009,\12\ and
the Commission granted the Exchange Subsidiaries' exchange registration
applications on March 12, 2010.\13\
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    \11\ See Extension Request at 2.
    \12\ Securities Exchange Act Release No. 60651 (September 11,
2009), 74 FR 47827 (``Form 1 Applications Notice''). See Extension
Request at 2 and 3.
    \13\ Securities Exchange Act Release No. 61698 (March 12, 2010),
75 FR 13151 (March 18, 2010) (``Exchange Registration Order''). See
Extension Request at 2.
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    ISE states that the Exchange Subsidiaries expect to begin operating
as national securities exchanges in early July 2010.\14\ To ensure a
smooth transition of trading from DECN to the Exchange Subsidiaries,
there will be a two-week pre-launch period during which members will be
able to enter mock orders on each Exchange Subsidiary using test
symbols.\15\ Following the launch date, there will be a two-week phase-
in period during which securities currently traded on DECN will be
moved from DECN to each Exchange Subsidiary.\16\ ISE believes that this
process will help to ensure the functionality of the Exchange
Subsidiaries and an orderly transition from DECN to the Exchange
Subsidiaries.\17\ Accordingly, to ensure the launch of the Exchange
Subsidiaries, phase-in the trading of all securities on the Exchange
Subsidiaries, decommission DECN after the Exchange Subsidiaries are
trading all symbols, and incorporate the ability to respond to
unanticipated transition issues, ISE requests an additional extension
until August 31, 2010, of the relief granted in the Exemption
Order.\18\ ISE expects that DECN will continue to operate as a facility
of ISE for a relatively brief period.\19\
---------------------------------------------------------------------------

    \14\ See Extension Request at 2.
    \15\ Id.
    \16\ Id. Once a symbol has migrated from DECN to the Exchange
Subsidiaries, it will no longer be available for trading on DECN and
will only be available for trading on the Exchange Subsidiaries. See
Extension Request at note 6. After all symbols have migrated to the
Exchanged Subsidiaries, DECN intends to promptly file a ``Cessation
of Operations Report'' with the Commission and to cease operations
as an ECN. See Extension Request at 2.
    \17\ See Extension Request at 2 and 3.
    \18\ See Extension Request at 2.
    \19\ Id. ISE states that it would be impracticable for DECN to
display its limit orders other than on the Facility. See Extension
Request at 4.
---------------------------------------------------------------------------

    ISE believes that it would be unduly burdensome and inefficient to
require DECN's operating rules to be separately subject to the Section
19(b) rule filing process because the published rules of the Exchange
Subsidiaries ``substantially align with DECN's operations in practice
and DECN is only operating temporarily as a facility of ISE until all
symbols are fully migrated to the Exchange Subsidiaries.'' \20\ ISE
believes, further, that the publication of the Exchange Subsidiaries'
rules as part of the Form 1 Applications should help to mitigate any
concerns regarding the transparency of the rules under which DECN will
continue to operate, temporarily, as a facility of ISE.\21\
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    \20\ See Extension Request at 3.
    \21\ Id.
---------------------------------------------------------------------------

    ISE has asked the Commission to exercise its authority under
Section 36 of the Exchange Act to grant ISE a temporary extension,
until August 31, 2010, subject to certain conditions, of the Exemption
Order's relief from the Section 19(b) rule filing requirements that
otherwise would apply to DECN as a facility of ISE.\22\ The extended
temporary conditional exemption would commence immediately and would
permit the continued operation of DECN until all symbols are fully
migrated to the Exchange Subsidiaries, but in no event later than
August 31, 2010.\23\ ISE believes that the extended temporary
conditional exemption will help to ensure an orderly transition from
DECN to the Exchange Subsidiaries.\24\
---------------------------------------------------------------------------

    \22\ Id.
    \23\ Id.
    \24\ Id.
---------------------------------------------------------------------------

    ISE states, in addition, that the extended exemption will not
diminish the Commission's ability to monitor ISE and DECN.\25\ In this
regard, ISE notes that to the extent that ISE makes changes to its
systems, including the Facility, during the extended temporary
exemption period, or thereafter, it remains subject to Section 19(b)
and thus obligated to file proposed rule changes with the
Commission.\26\ Further, in the Extension Request, ISE commits to
satisfying certain conditions, as outlined below, which are identical
to the conditions in the Exemption Order, the June Extension, and the
December Extension.\27\ For example, as a condition to the extended
temporary exemption, ISE will be required to submit proposed rule
changes with respect to any material changes to DECN's functions during
the exemption period.\28\ ISE notes, however, that neither ISE nor DECN
anticipates any material changes to DECN's functionality during the
extended temporary exemption period.\29\
---------------------------------------------------------------------------

    \25\ Id.
    \26\ Id.
    \27\ See Extension Request at note 9 and accompanying text. ISE
also represents that it has complied with the conditions in the
Exemption Order, the June Extension, and the December Extension, and
that it will continue to comply with these conditions during any
extension of the relief granted in the Exemption Order. See
Extension Request at 4.
    \28\ See Extension Request at 3.
    \29\ See Extension Request at note 8.
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III. Order Granting Extension of Temporary Conditional Section 36
Exemption

    In 1996, Congress gave the Commission greater flexibility to
regulate trading systems, such as DECN, by granting the Commission
broad authority to exempt any person from any of the provisions of the
Exchange Act and to impose appropriate conditions on their
operation.\30\ Specifically, NSMIA added Section 36(a)(1) to the
Exchange Act, which provides that ``the Commission, by rule,
regulation, or order, may conditionally or unconditionally exempt any
person, security, or transaction, or any class or classes of persons,
securities, or transactions, from any provision or provisions of [the
Exchange Act] or of any rule or regulation thereunder, to the extent
that such exemption is necessary or appropriate in the public interest,
and is consistent with the protection of investors.'' \31\ In enacting
Section 36, Congress indicated that it expected that ``the Commission
will use this authority to promote efficiency, competition and capital
formation.'' \32\ It particularly intended to give the Commission
sufficient flexibility to respond to changing market and competitive
conditions:
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78mm(a). Section 36 of the Exchange Act was
enacted as part of the National Securities Markets Improvements Act
1996, Pub. L. No. 104-290 (``NSMIA'').
    \31\ 15 U.S.C. 78mm(a)(1).
    \32\ H.R. Rep. No. 104-622, 104th Cong., 2\d\ Sess. 38 (1996).
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    The Committee recognizes that the rapidly changing marketplace
dictates that effective regulation requires a certain amount of
flexibility. Accordingly, the bill grants the SEC general exemptive
authority under both the Securities Act and the Securities Exchange
Act. This exemptive authority will allow the Commission the
flexibility to explore and adopt new approaches to

registration and disclosure. It will also enable the Commission to
address issues relating to the securities markets more generally.
For example, the SEC could deal with the regulatory concerns raised
by the recent proliferation of electronic trading systems, which do
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not fit neatly into the existing regulatory framework.\33\

    \33\ S. Rep. No. 104-293, 104th Cong., 2\d\ Sess. 15 (1996).
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    As noted above, on December 22, 2008, the Commission exercised its
Section 36 exemptive authority to grant ISE a temporary exemption,
subject to certain conditions, from the 19(b) rule filing requirements
in connection with the Transaction.\34\ The Commission granted
temporary extensions of this exemptive relief, subject to certain
conditions, on June 19, 2009,\35\ and December 16, 2009.\36\ In
addition, the Commission previously granted similar exemptive relief in
connection with Nasdaq's acquisition of Brut, LLC, the operator of the
Brut ECN.\37\
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    \34\ See Exemption Order, supra note 4.
    \35\ See June Extension, supra note 5.
    \36\ See December Extension, supra note 6.
    \37\ See Securities Exchange Act Release No. 50311 (September 3,
2004), 69 FR 54818 (September 10, 2004). Although granting the ISE's
Extension Request would result in a temporary exemption longer than
the exemption granted in connection with Nasdaq's acquisition of
Brut, LLC, the Commission believes that it is appropriate to provide
the Exchange Subsidiaries with a further extension to help
facilitate an orderly transition from DECN to the Exchange
Subsidiaries.
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    Section 19(b)(1) of the Exchange Act requires a self-regulatory
organization (``self-regulatory organization'' or ``SRO''), including
ISE, to file with the Commission its proposed rule changes accompanied
by a concise general statement of the basis and purpose of the proposed
rule change. Once a proposed rule change has been filed with the
Commission, the Commission is required to publish notice of it and
provide an opportunity for public comment. The proposed rule change may
not take effect unless approved by the Commission by order, unless the
rule change is within the class of rule changes that are effective upon
filing pursuant to Section 19(b)(3)(A) of the Act \38\ or put into
effect summarily pursuant to Section 19(b)(3)(B) of the Act.\39\
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    \38\ 15 U.S.C. 78s(b)(3)(A).
    \39\ 15 U.S.C. 78s(b)(3)(B).
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    Section 19(b)(1) of the Exchange Act defines the term ``proposed
rule change'' to mean ``any proposed rule or rule change in, addition
to, or deletion from the rules of [a] self-regulatory organization.''
Pursuant to Section 3(a)(27) and 3(a)(28) of the Exchange Act, the term
``rules of a self-regulatory organization'' means (1) the constitution,
articles of incorporation, bylaws and rules, or instruments
corresponding to the foregoing, of an SRO, and (2) such stated
policies, practices and interpretations of an SRO (other than the
Municipal Securities Rulemaking Board) as the Commission, by rule, may
determine to be necessary or appropriate in the public interest or for
the protection of investors to be deemed to be rules. Rule 19b-4(b)
under the Exchange Act,\40\ defines the term ``stated policy, practice,
or interpretation'' to mean generally ``any material aspect of the
operation of the facilities of the self-regulatory organization or any
statement made available to the membership, participants, or specified
persons thereof that establishes or changes any standard, limit, or
guideline with respect to rights and obligations of specified persons
or the meaning, administration, or enforcement of an existing rule.''
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    \40\ 17 CFR 240.19b-4(b).
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    The term ``facility'' is defined in Section 3(a)(2) of the Exchange
Act, with respect to an exchange, to include ``its premises, tangible
or intangible property whether on the premises or not, any right to use
such premises or property or any service thereof for the purpose of
effecting or reporting a transaction on an exchange (including, among
other things, any system of communication to or from the exchange, by
ticker or otherwise, maintained by or with the consent of the
exchange), and any right of the exchange to the use of any property or
service.''
    ISE acknowledges that Merger Sub has operated the Facility as a
facility of ISE since the Closing.\41\ Absent an exemption, Section
19(b) of the Exchange Act and Rule 19b-4 thereunder would require ISE
to file proposed rules with the Commission to allow ISE to operate DECN
as a facility of ISE.
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    \41\ See Extension Request at 1. As discussed above, ISE owns a
31.54% ownership interest in DE Holdings, the sole owner of Merger
Sub.
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    As described more fully above, ISE states that the Exchange
Subsidiaries expect to begin operating as national securities exchanges
in early July 2010.\42\ To ensure a smooth transition from DECN to the
Exchange Subsidiaries, there will be a two-week pre-launch period
during which members will be able to enter mock orders on the Exchange
Subsidiaries using test symbols.\43\ Following the launch date of the
Exchange Subsidiaries, there will be a two-week phase-in period during
which securities currently trading on DECN will be moved from DECN to
each Exchange Subsidiary.\44\ ISE requests a temporary extension until
August 31, 2010, of the relief granted in the Exemption Order, subject
to certain conditions, to allow for the pre-launch testing and phase-in
of trading on the Exchange Subsidiaries and to provide an orderly
transition from DECN to the Exchange Subsidiaries.\45\ ISE notes that
DECN intends to cease operations as an ECN when all symbols are fully
migrated to the Exchange Subsidiaries.\46\ Accordingly, ISE expects
that DECN will continue to operate as a facility of ISE for a
relatively brief period of time.\47\ ISE represents that it has
complied with the conditions in the Exemption Order, the June
Extension, and the December Extension, and that it will continue to
comply with these conditions during any extension of the relief granted
in the Exemption Order.\48\
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    \42\ See Extension Request at 2.
    \43\ Id.
    \44\ Id.
    \45\ See Extension Request at 2 and 3.
    \46\ See Extension Request at 2.
    \47\ Id.
    \48\ See Extension Request at 4.
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    The Commission believes that it is appropriate to grant a temporary
extension of the relief provided in the Exemption Order, subject to the
conditions described below, to allow DECN to continue to operate as a
facility of ISE without being subject to the rule filing requirements
of Section 19(b) of the Exchange Act for a temporary period.\49\
Accordingly, the Commission has determined to grant ISE's request for
an extension of the relief granted in the Exemption Order, subject to
certain conditions, through the earlier of (1) the completion of the
migration of all symbols from DECN to the Exchange Subsidiaries; or (2)
August 31, 2010. The Commission finds that the temporary extended
conditional exemption from the provisions of Section 19(b) of the
Exchange Act is appropriate in the public interest and is consistent
with the protection of investors. In particular, the Commission
believes that the temporary extended exemption should help to promote
efficiency and competition in the market by allowing DECN to continue
to operate as an ECN for a limited period of time while the Exchange
Subsidiaries test their systems and phase-in the trading of securities
on the Exchange Subsidiaries. The Commission notes ISE's belief that it
would be unduly burdensome and inefficient to require DECN's operating
rules to be separately subjected to the Section 19(b) rule filing

and approval process because DECN will operate only temporarily as a
facility of ISE.\50\ In addition, the Commission notes that ISE
represents that the rules of the Exchange Subsidiaries, which were
published for comment as part of the Form 1 Applications,
``substantially align'' with DECN's operations in practice.\51\
Accordingly, the Commission believes that the publication of the Form 1
Applications, coupled with the posting of the rules of the Exchange
Subsidiaries on Direct Edge's Web site, should help to mitigate any
concerns regarding transparency with respect to the rules under which
DECN will continue to operate, temporarily, as a facility of ISE.
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    \49\ In granting this relief, the Commission makes no finding
regarding whether ISE's operation of DECN as a facility would be
consistent with the Exchange Act.
    \50\ See Extension Request at 3.
    \51\ See Extension Request at 3.
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    To provide the Commission with the opportunity to review and act
upon any proposal to change DECN's fees or to make material changes to
DECN's operations as an ECN during the period covered by the extended
temporary exemption, as well as to ensure that the Commission's ability
to monitor ISE and DECN is not diminished by the extended temporary
exemption, the Commission is imposing the following conditions while
the extended temporary exemption is in effect. The Commission believes
such conditions are necessary and appropriate in the public interest
for the protection of investors. Therefore, the Commission is granting
to ISE an extended temporary exemption, until the earlier of (1) the
completion of the migration of all symbols from DECN to the Exchange
Subsidiaries; or (2) August 31, 2010, pursuant to Section 36 of the
Exchange Act, from the rule filing requirements imposed by Section
19(b) of the Exchange Act as set forth above, provided that ISE and
DECN comply with the following conditions:
    (1) DECN remains a registered broker-dealer under Section 15 of the
Exchange Act \52\ and continues to operate as an ECN;
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    \52\ 15 U.S.C. 78o.
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    (2) DECN operates in compliance with the obligations set forth
under Regulation ATS;
    (3) DECN and ISE continue to operate as separate legal entities;
    (4) ISE files a proposed rule change under Section 19 of the
Exchange Act \53\ if any material changes are sought to be made to
DECN's operations. A material change would include any changes to a
stated policy, practice, or interpretation regarding the operation of
DECN or any other event or action relating to DECN that would require
the filing of a proposed rule change by an SRO or an SRO facility; \54\
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    \53\ 15 U.S.C. 78s.
    \54\ See Section 19(b) of the Exchange Act and Rule 19b-4
thereunder. The Commission notes that a material change would
include, among other things, changes to DECN's operating platform;
the types of securities traded on DECN; DECN's types of subscribers;
or the reporting venue for trading that takes place on DECN. The
Commission also notes that any rule filings must set forth the
operation of the DECN facility sufficiently so that the Commission
and the public are able to evaluate the proposed changes.
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    (5) ISE files a proposed rule change under Section 19 of the
Exchange Act if DECN's fee schedule is sought to be modified; and
    (6) ISE treats DECN the same as other ECNs that participate in the
Facility, and, in particular, ISE does not accord DECN preferential
treatment in how DECN submits orders to the Facility or in the way its
orders are displayed or executed.\55\
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    \55\ See Extension Request at note 9.
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    In addition, the Commission notes that the Financial Industry
Regulatory Authority is currently the Designated Examining Authority
for DECN.
    For the reasons discussed above, the Commission finds that the
extended temporary conditional exemptive relief requested by ISE is
appropriate in the public interest and is consistent with the
protection of investors.
    IT IS ORDERED, pursuant to Section 36 of the Exchange Act,\56\ that
the application for an extended temporary conditional exemption is
granted through the earlier of (1) the completion of the migration of
all symbols from DECN to the Exchange Subsidiaries; or (2) August 31,
2010, effective immediately.
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    \56\ 15 U.S.C. 78mm.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-14684 Filed 6-17-10; 8:45 am]
BILLING CODE 8010-01-P