[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63637-63642]
[DOCID:fr09no07-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56731; File No. 4-551]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing of Proposed Plan for the Allocation of
Regulatory Responsibilities Among the American Stock Exchange LLC, the
Boston Stock Exchange, Inc., the Chicago Board Options Exchange,
Incorporated, the International Securities Exchange, LLC, Financial
Industry Regulatory Authority, Inc., NYSE Arca, Inc., and the
Philadelphia Stock Exchange, Inc.

November 1, 2007.
    Pursuant to section 17(d) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that
on October 30, 2007, the American Stock Exchange LLC (``Amex''), the
Boston Stock Exchange, Inc. (``BSE''), the Chicago Board Options
Exchange, Incorporated (``CBOE''), the International Securities
Exchange, LLC (``ISE''), Financial Industry Regulatory Authority, Inc.
(``FINRA''), NYSE Arca, Inc. (``NYSE Arca''), and the Philadelphia
Stock

Exchange, Inc. (``Phlx'') (collectively, ``Participants'') filed with
the Securities and Exchange Commission (``Commission'') a plan for the
allocation of regulatory responsibilities. The Commission is publishing
this notice to solicit comments on the 17d-2 plan from interested
persons.
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to section 17(d) \4\ or section 19(g)(2) \5\ of the Act.
Without this relief, the statutory obligation of each individual SRO
could result in a pattern of multiple examinations of broker-dealers
that maintain memberships in more than one SRO (``common members'').
Such regulatory duplication would add unnecessary expenses for common
members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
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    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\9\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
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    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for notice and comment, it determines that the plan is
necessary or appropriate in the public interest and for the protection
of investors, to foster cooperation and coordination among the SROs, to
remove impediments to, and foster the development of, a national market
system and a national clearance and settlement system, and is in
conformity with the factors set forth in section 17(d) of the Act.
Commission approval of a plan filed pursuant to Rule 17d-2 relieves an
SRO of those regulatory responsibilities allocated by the plan to
another SRO.
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    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. The Plan

    The proposed plan is intended to reduce regulatory duplication for
brokers or dealers that are members of two or more of the Participants
by allocating regulatory responsibility for certain options-related
market surveillance matters among the Participants.\11\ Under the plan,
a Participant will serve as the Designated Options Surveillance
Regulator (``DOSR'') for each common member assigned to it and will
assume regulatory responsibility with respect to that common member's
compliance with applicable common rules for certain accounts. As
proposed, the plan currently is limited to review of expiring exercise
declarations pursuant to the common rules listed in proposed Exhibit A.
The full text of the proposed 17d-2 plan is as follows:
* * * * *
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    \11\ The proposed plan is wholly separate from the multiparty
options agreement made pursuant to Rule 17d-2 by and among the Amex,
BSE, CBOE, ISE, NASD (n/k/a FINRA), the New York Stock Exchange LCC,
NYSE Arca, and Phlx involving the allocation of regulatory
responsibilities with respect to common members for compliance with
common rules relating to the conduct of broker-dealers of accounts
for listed options or index warrants entered into on December 1,
2006, and as may be amended from time to time. See Securities
Exchange Act Release Nos. 55145 (January 22, 2007), 72 FR 3882
(January 26, 2007) (File No. S7-966) (notice) and 55532 (March 26,
2007), 72 FR 15729 (April 2, 2007) (File No. S7-966) (order).
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AGREEMENT BY AND AMONG THE American Stock Exchange LLC, the Boston
Stock Exchange, Inc., the Chicago Board Options Exchange, Incorporated,
the International Securities Exchange LLC, Financial Industry
Regulatory Authority, Inc., NYSE Arca, Inc., and the Philadelphia Stock
Exchange, Inc., Pursuant to Rule 17d-2 under the Securities Exchange
Act of 1934

    This agreement (this ``Agreement''), by and among the American
Stock Exchange LLC (``Amex''), the Boston Stock Exchange, Inc.
(``BSE''), the Chicago Board Options Exchange, Incorporated (``CBOE''),
the International Securities Exchange LLC (``ISE''), Financial Industry
Regulatory Authority, Inc. (``FINRA''), NYSE Arca, Inc. (``Arca''), and
the Philadelphia Stock Exchange, Inc. (``PHLX''), is made this 10th day
of October, 2007, pursuant to section 17(d) of the Securities Exchange
Act of 1934, as amended (the ``Exchange Act''), and Rule 17d-2
thereunder (``Rule 17d-2''), which allows for a joint plan among self-
regulatory organizations (``SROs'') to allocate regulatory obligations
with respect to brokers or dealers that are members of two or more of
the parties to this Agreement (``Common Members''). The Amex, BSE,
CBOE, ISE, FINRA, Arca, and PHLX are collectively referred to herein as
the ``Participants'' and individually, each a ``Participant.'' This
Agreement shall be administered by a committee known as the Options
Surveillance Group (the ``OSG'' or ``Group''), as described in section
V hereof. Unless defined in this Agreement or the context otherwise
requires, the terms used herein shall have the meanings assigned
thereto by the Exchange Act and the rules and regulations thereunder.
    WHEREAS, the Participants desire to eliminate regulatory
duplication with respect to SRO market surveillance of Common Member
\1\ activities with

regard to certain common rules relating to listed options
(``Options''); and
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    \1\ In the case of the BSE, members are those persons who are
Options Participants (as defined in the Boston Options Exchange LLC
Rules).
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    WHEREAS, for this purpose, the Participants desire to execute and
file this Agreement with the Securities and Exchange Commission (the
``SEC'' or ``Commission'') pursuant to Rule 17d-2.
    NOW, THEREFORE, in consideration of the mutual covenants contained
in this Agreement, the Participants agree as follows:
    I. Except as otherwise provided in this Agreement, each Participant
shall assume Regulatory Responsibility (as defined below) for the
Common Members that are allocated or assigned to such Participant in
accordance with the terms of this Agreement and shall be relieved of
its Regulatory Responsibility as to the remaining Common Members. For
purposes of this Agreement, a Participant shall be considered to be the
Designated Options Surveillance Regulator (``DOSR'') for each Common
Member that is allocated to it in accordance with Section VII.
    II. As used in this Agreement, the term ``Regulatory
Responsibility'' shall mean surveillance, investigation and enforcement
responsibilities relating to compliance by the Common Members with such
Options rules of the Participants as the Participants shall determine
are substantially similar and shall approve from time to time, insofar
as such rules relate to market surveillance (collectively, the ``Common
Rules''). For the purposes of this Agreement the list of Common Rules
is attached as Exhibit A hereto, which may only be amended upon
unanimous written agreement by the Participants. The DOSR assigned to
each Common Member shall assume Regulatory Responsibility with regard
to that Common Member's compliance with the applicable Common Rules for
certain accounts.\2\ A DOSR may perform its Regulatory Responsibility
or enter an agreement to transfer or assign such responsibilities to a
national securities exchange registered with the SEC under section 6(a)
of the Exchange Act or a national securities association registered
with the SEC under section 15A of the Exchange Act. A DOSR may not
transfer or assign its Regulatory Responsibility to an association
registered for the limited purpose of regulating the activities of
members who are registered as brokers or dealers in security futures
products.
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    \2\ Certain accounts shall include customer (``C'' as classified
by the Options Clearing Corporation (``OCC'')) and firm (``F'' as
classified by OCC) accounts, as well as other accounts, such as
market maker accounts as the Participants shall, from time to time,
identify as appropriate to review.
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    The term ``Regulatory Responsibility'' does not include, and each
Participant shall retain full responsibility with respect to:
    (a) Surveillance, investigative and enforcement responsibilities
other than those included in the definition of Regulatory
Responsibility;
    (b) any aspects of the rules of a Participant that are not
substantially similar to the Common Rules or that are allocated for a
separate surveillance purpose under any other agreement made pursuant
to Rule 17d-2. Any such aspects of a Common Rule will be noted as
excluded on Exhibit A.
    III. Each year within 30 days of the anniversary date of the
commencement of operation of this Agreement, or more frequently if
required by changes in the rules of a Participant, each Participant
shall submit to the other Participants, through the Chair of the OSG,
an updated list of Common Rules for review. This updated list may add
Common Rules to Exhibit A, shall delete from Exhibit A rules of that
Participant that are no longer identical or substantially similar to
the Common Rules, and shall confirm that the remaining rules of the
Participant included on Exhibit A continue to be identically or
substantially similar to the Common Rules. Within 30 days from the date
that each Participant has received revisions to Exhibit A from the
Chair of the OSG, each Participant shall confirm in writing to the
Chair of the OSG whether that Participant's rules listed in Exhibit A
are Common Rules.
    IV. Apparent violation of another Participant's rules discovered by
a DOSR, but which rules are not within the scope of the discovering
DOSR's Regulatory Responsibility, shall be referred to the relevant
Participant for such action as is deemed appropriate by that
Participant. Notwithstanding the foregoing, nothing contained herein
shall preclude a DOSR in its discretion from requesting that another
Participant conduct an investigative or enforcement proceeding
(``Proceeding'') on a matter for which the requesting DOSR has
Regulatory Responsibility. If such other Participant agrees, the
Regulatory Responsibility in such case shall be deemed transferred to
the accepting Participant and confirmed in writing by the Participants
involved. Additionally, nothing in this Agreement shall prevent another
Participant on whose market potential violative activity took place
from conducting its own Proceeding on a matter. The Participant
conducting the Proceeding shall advise the assigned DOSR. Each
Participant agrees, upon request, to make available promptly all
relevant files, records and/or witnesses necessary to assist another
Participant in a Proceeding.
    V. The OSG shall be composed of one representative designated by
each of the Participants (a ``Representative''). Each Participant shall
also designate one or more persons as its alternate representative(s)
(an ``Alternate Representative''). In the absence of the
Representative, the Alternate Representative shall assume the powers,
duties and responsibilities of the Representative. Each Participant may
at any time replace its Representative and/or its Alternate
Representative to the Group.\3\ A majority of the OSG shall constitute
a quorum and, unless otherwise required, the affirmative vote of a
majority of the Representatives present (in person, by telephone or by
written consent) shall be necessary to constitute action by the Group.
The Group will have a Chair, Vice Chair and Secretary. A different
Participant will assume each position on a rotating basis for a one-
year term. In the event that a Participant replaces a Representative
who is acting as Chair, Vice Chair or Secretary, the newly appointed
Representative shall assume the position of Chair, Vice Chair, or
Secretary (as applicable) vacated by the Participant's former
Representative. In the event a Participant cannot fulfill its duties as
Chair, the Participant serving as Vice Chair shall substitute for the
Chair and complete the subject unfulfilled term. All notices and other
communications for the OSG are to be sent in care of the Chair and, as
appropriate, to each Representative.
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    \3\ A Participant must give notice to the Chair of the Group of
such a change.
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    VI. The OSG shall determine the times and locations of Group
meetings, provided that the Chair, acting alone, may also call a
meeting of the Group in the event the Chair determines that there is
good cause to do so. To the extent reasonably possible, notice of any
meeting shall be given at least ten business days prior to the meeting
date. Representatives shall always be given the option of participating
in any meeting telephonically at their own expense rather than in
person.
    VII. No less frequently than every two years, in such manner as the
Group deems appropriate, the OSG shall allocate Common Members that
conduct an Options business among the Participants (``Allocation''),
and the Participant to which a Common Member is allocated will serve as
the DOSR for that Common Member. Any Allocation shall be based on the
following principles, except to the extent all

affected Participants consent to one or more different principles:
    (a) The OSG may not allocate a Common Member to a Participant
unless the Common Member is a member of that Participant.
    (b) To the extent practicable, Common Members that conduct an
Options business shall be allocated among the Participants of which
they are members in such manner as to equalize as nearly as possible
the allocation among such Participants, provided that no Common Members
shall be allocated to FINRA. For example, if sixteen Common Members
that conduct an Options business are members only of three
Participants, none of which is FINRA, those Common Members shall be
allocated among the three Participants such that no Participant is
allocated more than six such members and no Participant is allocated
less than five such members. If, in the previous example, one of the
three Participants is FINRA, the sixteen Common Members would be
allocated evenly between the remaining Participants, so that the two
non-FINRA Participants would be allocated eight Common Members each.
    (c) To the extent practicable, Allocation shall take into account
the amount of Options activity conducted by each Common Member in order
to most evenly divide the Common Members with the largest amount of
activity among the Participants of which they are members. Allocation
will also take into account similar allocations pursuant to other plans
or agreements to which the Common Members are party to maintain
consistency in oversight of the Common Members.\4\
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    \4\ For example, if one Participant was allocated a Common
Member by another regulatory group that Participant would be
assigned to be the DOSR of that Common Member, unless there is good
cause not to make that assignment.
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    (d) To the extent practicable, Allocation of Common Members to
Participants will be rotated among the applicable Participants such
that a Common Member shall not be allocated to a Participant to which
that Common Member was allocated within the previous two years. The
assignment of DOSRs pursuant to the Allocation is attached as Exhibit B
hereto, and will be updated from time to time to reflect Common Member
Allocation changes.
    (e) The Group may reallocate Common Members from time to time, as
it deems appropriate.
    (f) Whenever a Common Member ceases to be a member of its DOSR, the
DOSR shall promptly inform the Group, which shall review the matter and
allocate the Common Member to another Participant.
    (g) A DOSR may request that a Common Member to which it is assigned
be reallocated to another Participant by giving 30 days written notice
to the Chair of the OSG. The Group, in its discretion, may approve such
request and reallocate the Common Member to another Participant.
    (h) All determinations by the Group with respect to Allocation
shall be made by the affirmative vote of a majority of the Participants
that, at the time of such determination, share the applicable Common
Member being allocated; a Participant shall not be entitled to vote on
any Allocation relating to a Common Member unless the Common Member is
a member of such Participant.
    VIII. Each DOSR shall conduct routine surveillance reviews to
detect violations of the applicable Common Rules by each Common Member
allocated to it with a frequency (daily, weekly, monthly, quarterly,
semi-annually or annually as noted on Exhibit A) not less than that
determined by the Group. The other Participants agree that, upon
request, relevant information in their respective files relative to a
Common Member will be made available to the applicable DOSR.
    At each meeting of the OSG, each Participant shall be prepared to
report on the status of its surveillance program for the previous
quarter and any period prior thereto that has not previously been
reported to the Group. In the event a DOSR believes it will not be able
to complete its Regulatory Responsibility for its allocated Common
Members, it will so advise the Group in writing promptly. The Group
will undertake to remedy this situation by reallocating the subject
Common Members among the remaining Participants. In such instance, the
Group may determine to impose a regulatory fee for services provided to
the DOSR that was unable to fulfill its Regulatory Responsibility.
    IX. Each Participant will, upon request, promptly furnish a copy of
the report or applicable portions thereof relating to any investigation
made pursuant to the provisions of this Agreement to each other
Participant of which the Common Member under investigation is a member.
    X. Each Participant will routinely populate a common database, to
be accessed by the Group relating to any formal regulatory action taken
during the course of a Proceeding with respect to the Common Rules
concerning a Common Member.
    XI. Any written notice required or permitted to be given under this
Agreement shall be deemed given if sent by certified mail, return
receipt requested, to any Participant to the attention of that
Participant's Representative, to the Participant's principal place of
business or by e-mail at such address as the Representative shall have
filed in writing with the Chair.
    XII. The costs incurred by each Participant in discharging its
Regulatory Responsibility under this Agreement are not reimbursable.
However, any of the Participants may agree that one or more will
compensate the other(s) for costs incurred.
    XIII. The Participants shall notify the Common Members of this
Agreement by means of a uniform joint notice approved by the Group.
Each Participant will notify the Common Members that have been
allocated to it that such Participant will serve as DOSR for that
Common Member.
    XIV. This Agreement shall be effective upon approval of the
Commission. This Agreement may only be amended in writing duly approved
by each Participant. All amendments to this Agreement, excluding
changes to Exhibits A and B, must be filed with and approved by the
Commission.
    XV. Any Participant may manifest its intention to cancel its
participation in this Agreement at any time upon providing written
notice to (i) the Group six months prior to the date of such
cancellation, or such other period as all the Participants may agree,
and (ii) the Commission. Upon receipt of the notice the Group shall
allocate, in accordance with the provisions of this Agreement, those
Common Members for which the canceling Participant was the DOSR. The
canceling Participant shall retain its Regulatory Responsibility and
other rights, privileges and duties pursuant to this Agreement until
the Group has completed the reallocation as described above, and the
Commission has approved the cancellation.
    XVI. The cancellation of its participation in this Agreement by any
Participant shall not terminate this Agreement as to the remaining
Participants. This Agreement will only terminate following notice to
the Commission, in writing, by the then Participants that they intend
to terminate the Agreement and the expiration of the applicable notice
period. Such notice shall be given at least six months prior to the
intended date of termination, or such other period as all the
Participants may agree. Such termination will become effective upon
Commission approval.
    XVII. Participation in the Group shall be strictly limited to the
Participants and no other party shall have any right to attend or
otherwise participate in the Group except with the unanimous

approval of all Participants. Notwithstanding the foregoing, any
national securities exchange registered with the SEC under Section 6(a)
of the Act or any national securities association registered with the
SEC under section 15A of the Act may become a Participant to this
Agreement provided that: (i) Such applicant has adopted rules
substantially similar to the Common Rules, and received approval
thereof from the SEC; (ii) such applicant has provided each Participant
with a signed statement whereby the applicant agrees to be bound by the
terms of this Agreement to the same effect as though it had originally
signed this Agreement and (iii) an amended agreement reflecting the
addition of such applicant as a Participant has been filed with and
approved by the Commission.
    XVIII. This Agreement is wholly separate from the multiparty
Agreement made pursuant to Rule 17d-2 by and among the Amex, BSE, CBOE,
ISE, NASD, the New York Stock Exchange, LLC, Arca and PHLX involving
the allocation of regulatory responsibilities with respect to common
members for compliance with common rules relating to the conduct by
broker-dealers of accounts for listed options or index warrants entered
into on December 1, 2006, and as may be amended from time to time.

Limitation of Liability

    No Participant nor the Group nor any of their respective directors,
governors, officers, employees or representatives shall be liable to
any other Participant in this Agreement for any liability, loss or
damage resulting from or claimed to have resulted from any delays,
inaccuracies, errors or omissions with respect to the provision of
Regulatory Responsibility as provided hereby or for the failure to
provide any such Regulatory Responsibility, except with respect to such
liability, loss or damages as shall have been suffered by one or more
of the Participants and caused by the willful misconduct of one or more
of the other Participants or its respective directors, governors,
officers, employees or representatives. No warranties, express or
implied, are made by the Participants, individually or as a group, or
by the OSG with respect to any Regulatory Responsibility to be
performed hereunder.

Relief From Responsibility

    Pursuant to section 17(d)(1)(A) of the Exchange Act and Rule 17d-2,
the Participants join in requesting the Commission, upon its approval
of this Agreement or any part thereof, to relieve the Participants that
are party to this Agreement and are not the DOSR as to a Common Member
of any and all Regulatory Responsibility with respect to the matters
allocated to the DOSR.
    This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be an original, but all such counterparts
shall together constitute one and the same Agreement.
    In Witness Whereof, the Participants hereto have executed this
Agreement as of the date and year first above written.

                                            Exhibit A.--Common Rules
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                                                                                Frequency of
              SRO                 Description of rule            Exchange rule number                review
----------------------------------------------------------------------------------------------------------------
    Violation I: Expiring Exercise Declarations (EED)--For Listed Equity Options Expiring: The Third Saturday
                 Following the third Friday of a Month, Quarterly, AND for Listed FLEX Options.
----------------------------------------------------------------------------------------------------------------
Amex..........................  Exercise of Options     Amex Rule 980........................  At Expiration.
                                 Contracts.
BOX...........................  Exercise of Options     BOX Rule 7.1.........................  At Expiration.
                                 Contracts.
CBOE..........................  Exercise of Options     CBOE Rule 11.1.......................  At Expiration.
                                 Contracts.
FINRA.........................  Exercise of Options     NASD Rule 2860.......................  At Expiration.
                                 Contracts.
ISE...........................  Exercise of Options     ISE Rule 1100........................  At Expiration.
                                 Contracts.
NYSEArca......................  Exercise of Options     NYSEArca Rule 6.24...................  At Expiration.
                                 Contracts.
PHLX..........................  Exercise of Equity      PHLX Rule 1042.......................  At Expiration.
                                 Options Contracts.
----------------------------------------------------------------------------------------------------------------

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

    Pursuant to section 17(d)(1) of the Act \12\ and Rule 17d-2
thereunder,\13\ after November 30, 2007, the Commission may, by written
notice, declare the plan submitted by the Amex, BSE, CBOE, ISE, FINRA,
NYSE Arca and the Phlx, File No. 4-551, to be effective if the
Commission finds that the plan, or any part thereof, is necessary or
appropriate in the public interest and for the protection of investors,
to foster cooperation and coordination among self-regulatory
organizations, or to remove impediments to and foster the development
of the national market system and a national system for the clearance
and settlement of securities transactions and in conformity with the
factors set forth in section 17(d) of the Act.
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    \12\ 15 U.S.C. 78q(d)(1).
    \13\ 17 CFR 240.17d-2.
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IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the 17d-2 plan, interested persons are invited to submit written data,
views, and arguments concerning the foregoing. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number 4-551 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-551. This file number
should be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/other.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan between the Commission and any person, other than those that may
be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference

Room, on official business days between the hours of 10 a.m. and 3 p.m.
Copies of the plan also will be available for inspection and copying at
the principal offices of Amex, BSE, CBOE, ISE, FINRA, NYSE Arca and the
Phlx. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number 4-551
and should be submitted on or before November 30, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\

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    \14\ 17 CFR 200.30-3(a)(34).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-21980 Filed 11-8-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46776-46778]
[FR Doc No: 2012-19081]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67545; File No. SR-ISE-2012-65]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Reformat the Schedule of Fees

July 31, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 25, 2012, the International Securities Exchange, LLC (the
``ISE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been 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 ISE is proposing to relocate various fees within the Schedule
of Fees in order to group fees with other similar types of fees and
adopt a Table of Contents for the Schedule of Fees. The text of the
proposed rule change is available on the Exchange's Web site (http://www.ise.com), at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 purpose of this proposed rule change is to relocate various
fees within the Exchange's Schedule of Fees to group fees so that the
Exchange's fees may be easily located within the fee schedule. The
Exchange also proposes to adopt a Table of Contents so that the
Exchange's fees are easily located within the Schedule of Fees. The
Exchange is not proposing any substantive changes, but rather proposes
to merely rearrange text within the Schedule of Fees. The only
substantive change the Exchange proposes to make is the adoption of a
Preface wherein the Exchange proposes to adopt definitions of market
participants, certain order types, and provide a list of symbols for
certain defined groups of securities. The information proposed in the
Preface already appears in one form or another on the Exchange's
current Schedule of Fees.
    Specifically, the Exchange proposes to adopt a Table of Contents
and therein, adopt Sections I through IX. Proposed Section I contains a
table for Regular Order Fees and Rebates; Proposed Section II contains
a table for Complex Order Fees and Rebates; Proposed Section III
contains FX Options Fees and Rebates; Proposed Section IV contains
Other Options Fees and Rebates; \3\ Proposed Section V contains Trading
Application Software fees; \4\ Proposed Section VI contains Access
Service fees; \5\ Proposed Section VII contains Legal & Regulatory
fees; \6\ Proposed Section VIII contains Market

Data fees; \7\ and Proposed Section IX contains Other Services fees.\8\
---------------------------------------------------------------------------

    \3\ Other Options Fees and Rebates include the QCC and
Solicitation Rebate, Index License Surcharge, Market Maker Tiers,
Payment for Order Flow, PMM Linkage Credit, Route-Out Fees, Credit
for Responses to Flash Orders, Firm Fee Cap, Inactive PMM Fee and
Cancellation Fee. The Exchange notes that by adopting the proposed
headings, the Exchange is simply proposing to make its Schedule of
Fees more transparent and easier to navigate. As such, the Exchange
believes that changes such as the adoption of the term PMM Linkage
Credit, which is currently identified on the Exchange's Schedule of
Fees as Intermarket Sweep Order Credit, are not substantive changes
and are simply name changes to allow market participants to
understand the Exchange's fees and credits with greater ease.
    \4\ Trading Application Software fees include Installation fees,
Software License and Maintenance fees and FIX Session/API Session
fees.
    \5\ Access Service fees include Access Fees, Network Fees and
Telco Line Charges.
    \6\ Legal & Regulatory fees include Application Fee,
Administrative Fee, Options Regulatory Fee and Regulatory Fee.
    \7\ Market Data fees include fees for the following market data
offerings: ISE Open/Close Trade Profile End of Day, ISE Open/Close
Trade Profile Intraday, ISE Open/Close Trade Profile End of Day and
ISE Open/Close Trade Profile Intraday, Enhanced Sentiment Market
Data, Historical Data, Real-time Depth of Market Raw Data Feed, ISE
Order Feed, ISE Top Quote Feed, ISE Spread Feed and ISE Implied
Volatility and Greeks Feed.
    \8\ Other Services fees include Training, Testing, Third Party
Developers and Disaster Recovery Testing & Relocation Services fees.
---------------------------------------------------------------------------

    This proposed rule change also proposes to adopt a Preface which
contains a list of defined terms that are used by the Exchange in
assessing its fees for market participants to use as guidance in
determining the Exchange's fees and rebates. Specifically, the Exchange
proposes to adopt the following terms and definitions in the proposed
Preface:
     A ``Priority Customer'' is a person or entity that is not
a broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in ISE Rule 100(a)(37A).\9\
---------------------------------------------------------------------------

    \9\ Prior to adopting the term ``Priority Customer,'' retail
customers were identified on the Exchange's Schedule of Fees, and in
some cases, are still identified on the Exchange's Schedule of Fees,
by the term ``public customers.'' With this proposed rule change,
public customers will now be identified as Priority Customers. The
Exchange is not proposing any substantive change and is simply
making a name change for the purpose of identifying this category of
market participant consistently throughout the Schedule of Fees.
---------------------------------------------------------------------------

     A ``Professional Customer'' is a person or entity that is
not a broker/dealer and is not a Priority Customer.
     A ``Non-ISE Market Maker'' is a market maker as defined in
Section 3(a)(38) of the Securities Exchange Act of 1934, as amended,
registered in the same options class on another options exchange.
     A ``Firm Proprietary'' order is an order submitted by a
member for its own proprietary account.
     A ``Broker-Dealer'' order is an order submitted by a
member for a non-member broker-dealer' account.\10\
---------------------------------------------------------------------------

    \10\ The term ``Broker-Dealer'' does not currently appear in the
Exchange's Schedule of Fees. Broker-Dealer orders are currently
charged the same fees as Firm Proprietary orders. However, in
recognizing that Firm Proprietary orders and Broker-Dealer orders
are not always synonymous, the Exchange proposes to adopt the term
``Broker-Dealer'' as a distinct order type.
---------------------------------------------------------------------------

     A ``Flash Order'' is a Priority or Professional Customer
order that is exposed at the National Best Bid or Offer by the Exchange
to all members for execution, as provided under Supplementary Material
.02 to ISE Rule 803.
     A ``Regular Order'' is an order that consists of only a
single option series and is not submitted with a stock leg.
     A ``Complex Order'' is any order involving the
simultaneous purchase and/or sale of two or more different options
series in the same underlying security, as provided in ISE Rule 722, as
well as Stock-Option Orders and SSF-Option Orders.
     A ``Crossing Order'' is an order executed in the
Exchange's Facilitation Mechanism, Solicited Order Mechanism, Price
Improvement Mechanism (PIM) or submitted as a Qualified Contingent
Cross order. For purposes of this Fee Schedule, orders executed in the
Block Order Mechanism are also considered Crossing Orders.\11\
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    \11\ Crossing Order fees currently appear in the column titled
Facilitation, Solicited Order, Price Improvement and Block Order
Mechanisms and Qualified Contingent Cross orders on pages 17, 21 and
23 of the Exchange's current Schedule of Fees. A Crossing Order is
currently identified on the Exchange's Schedule of Fees as a Special
Order. With this proposed rule change, Special Orders will now be
identified as Crossing Orders. The Exchange is not proposing any
substantive change and is simply making a name change for the
purpose of identifying these orders consistently throughout the
Schedule of Fees.
---------------------------------------------------------------------------

     ``Responses to Crossing Order'' is any contra-side
interest submitted after the commencement of an auction in the
Exchange's Facilitation Mechanism, Solicited Order Mechanism, Block
Order Mechanism or PIM.\12\
---------------------------------------------------------------------------

    \12\ Responses to Crossing Order fees currently appears as
footnote 8 on page 18 and in the column titled Responses to Special
Orders on pages 21 and 23 of the Exchange's current Schedule of
Fees. A Response to Crossing Order is currently identified on the
Exchange's Schedule of Fees as a Response to Special Order. With
this proposed rule change, Responses to Special Orders will now be
identified as Responses to Crossing Orders. The Exchange is not
proposing any substantive change and is simply making a name change
for the purpose of identifying these orders consistently throughout
the Schedule of Fees.
---------------------------------------------------------------------------

     ``Select Symbols'' are options overlying QQQ, C, BAC, SPY,
IWM, XLF, GE, JPM, INTC, RIMM, T, VZ, UNG, FCX, CSCO, DIA, AMZN, X, AA,
AIG, AXP, BBY, CAT, CHK, DNDN, EEM, EFA, EWZ, F, FAS, FAZ, FSLR, GDX,
GLD, IYR, MGM, MS, MSFT, MU, PBR, PG, POT, RIG, SDS, SLV, XLE, XOM,
ABX, BMY, BP, COP, DELL, FXI, HAL, IBM, KO, LVS, MCD, MO, MON, NOK,
ORCL, PFE, QCOM, S, SLB, SNDK, TBT, USO, V, VALE, WFT, XLI, XRT, YHOO,
AKAM, AMD, APC, BA, BRCM, GG, HPQ, LCC, NEM, NFLX, NVDA, QID, SSO,
TEVA, TLT, TZA, UAL, WFC, XLB, SIRI, SBUX, VVUS, MSI, AAPL, BIDU, and
VXX.
     ``Special Non-Select Penny Pilot Symbols'' are options
overlying BTU, CLF, CRM, CVX, DE, EBAY, FDX, GLW, GM, GMCR, GS, HD,
LULU, MCP, MMR, MOS, MRK, SHLD, SINA, SLW, UPS, USB, WYNN, XHB, XLK.
     ``Non-Select Symbols'' are options overlying all symbols
excluding Select Symbols and Special Non-Select Penny Pilot Symbols.
     ``FX Option Symbols'' are options overlying AUM, GBP, EUU
and NDO.
     ``Early Adopter FX Option Symbols'' are options overlying
NZD, PZO, SKA, BRB, AUX, BPX, CDD, EUI, YUK and SFC.\13\
---------------------------------------------------------------------------

    \13\ These ten (10) FX options are currently identified on the
Exchange's Schedule of Fees as symbols traded pursuant to an
incentive plan known as the FX Options Incentive Plan. With this
proposed rule change, these ten (10) FX options will now be known as
Early Adopter FX Option Symbols. The Exchange is not proposing any
substantive change and is simply making a name change for the
purpose of identifying this group of FX options consistently
throughout the Schedule of Fees.
---------------------------------------------------------------------------

     ``Singly Listed Symbols'' are options overlying DMA, FUM,
HSX, OOG, BYT, HVY, RUF, JLO, SIN, RND, HHO, PMP, POW, TNY, WMX, IXZ,
UKX, NXTQ, FXO, QQEW, PLTM, SMDD, and FIW.\14\
---------------------------------------------------------------------------

    \14\ The Exchange notes that DMA, FUM, HSX, OOG, BYT, HVY, RUF,
JLO, SIN, RND, HHO, PMP, POW, TNY, WMX, IXZ, UKX and NXTQ are
currently identified on the Exchange's Schedule of Fees as Singly
Listed Indexes, while FBT, FXO, QQEW, CU, PLTM, SDOW, UDOW, SMDD,
UMDD, SRTY, URTY, FIW and CQQQ are currently identified on the
Exchange's Schedule of Fees as Singly Listed ETFs. However, eight
(8) of the Singly Listed ETFs are now listed on at least one other
exchange; therefore, ISE proposes to remove these products from its
list of Singly Listed Symbols. The eight (8) products are FBT, CU,
SDOQ, UDOW, UMDD, SRTY, URTY and CQQQ. With this proposed rule
change, all of Singly Listed Indexes and Singly Listed ETFs will
collectively be identified as Singly Listed Symbols. The Exchange is
not proposing any substantive change and is simply adopting the term
Singly Listed Symbol to include all singly listed products.
---------------------------------------------------------------------------

    The goal of this proposed rule change is to reformat the current
fee schedule by bringing the Exchange's transaction fees and rebates to
the front of the proposed Schedule of Fees and to present these fees
and rebates in a more cohesive table as opposed to presenting these
fees and rebates in multiple tables, as is currently the case. The
Exchange believes the proposed reformatted Schedule of Fees will allow
market participants to more easily ascertain and locate fees that are
applicable to them.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Securities and Exchange Act
of 1934 (the ``Exchange Act'') \15\ in general, and furthers the
objectives of Section 6(b)(5) of the Exchange Act \16\ in particular,
in

that it is designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest, by organizing its Rules in such a
way as to make them easy to locate by grouping transaction fees with
other transaction fees and creating sections for categories that, in
some cases, already exist on the Exchange's Schedule of Fees, to
provide market participants an ability to view fees, which may be
applicable to them, in one section or subsection of the Schedule of
Fees. The Exchange believes that adopting a Table of Contents will
provide greater clarity to the Schedule of Fees and allow market
participants to readily locate fees within the Schedule of Fees.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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)(ii) of the Act.\17\ At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-ISE-2012-65 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-65. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2012-65 and should be
submitted on or before August 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2012-19081 Filed 8-3-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Page 39434]
[FR Doc No: 2018-17027]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-2423-029]

Notice of Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Protests: Great Lakes Hydro America

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Request for a temporary variance from
elevation requirements.
    b. Project No.: 2423-029.
    c. Date Filed: July 10, 2018.
    d. Applicant: Great Lakes Hydro America, LLC.
    e. Name of Project: Riverside Hydroelectric Project.
    f. Location: The project is located on Androscoggin River in Coos
County, New Hampshire.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ms. Kelly Maloney, Great Lakes Hydro America,
LLC, 150 Main Street, Lewiston, ME 04240,<PHONE_NUMBER>.
    i. FERC Contact: Anumzziatta Purchiaroni,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: August 20, 2018.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/doc-sfiling/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-2423-029.
    k. Description of Request: The licensee requests Commission
approval for a temporary modification from the normal reservoir
elevation to perform flashboards repairs at the project that were
damaged and washed out since April 2018. Since that time, the licensee
has been operating the project at dam crest elevation of 1,074.4 feet
United States Geologic Datum (USGS), depending on flow spilling over
the crest of the dam. The licensee plans to return the reservoir to the
normal headwater level of 1,076.8 feet NGVD, at the end of September
2018, right after the flashboard repair work is completed. The licensee
states that minimum flows for the bypassed reach will continue to be
passed through leakage and the designated pipes within the spillway.
    l. Locations of the Applications: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. The filing may also be viewed on
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document (i.e., P-2423-029).
You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email [email protected], for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene or Protests: Anyone may submit
comments, a motion to intervene, or a protest in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, motions to
intervene, or protests must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title COMMENTS, MOTION TO INTERVENE, or
PROTEST as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis. A
copy of all other filings in reference to this application must be
accompanied by proof of service on all persons listed in the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.

    Dated: August 3, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-17027 Filed 8-8-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Notices]
[Page 43421]
[FR Doc No: 2015-17916]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-1116-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Annual Fuel Gas Reimbursement Percentage Report for
2015 of Questar Overthrust Pipeline Company under RP15-1116.
    Filed Date: 7/9/15.
    Accession Number: 20150709-5228.
    Comments Due: 5 p.m. ET 7/21/15.

    Docket Numbers: RP15-1117-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Section 4(d) Rate Filing: 2015 Converted Contracts to
be effective 8/1/2015.
    Filed Date: 7/14/15.
    Accession Number: 20150714-5047.
    Comments Due: 5 p.m. ET 7/27/15.

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

    Dated: July 15, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-17916 Filed 7-21-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16430-16431]
[FR Doc No: 2018-07829]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0098; Notice 1]

FCA US, LLC, Receipt of Petition for Decision of Inconsequential
Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: FCA US, LLC (f/k/a Chrysler Group, LLC ``FCA US''), has
determined that certain model year (MY) 2013-2017 Jeep Compass motor
vehicles do not fully comply with Federal Motor Vehicle Safety Standard
(FMVSS) No. 205, Glazing Materials. FCA US filed a noncompliance report
dated October 10, 2017. FCA US also petitioned NHTSA on November 2,
2017, for a decision that the subject noncompliance is inconsequential
as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is May 16, 2018.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: FCA US, has determined that certain MY 2013-2017 Jeep
Compass motor vehicles do not fully comply with FMVSS No. 205, Glazing
Materials (49 CFR 571.205). FCA US filed a noncompliance report dated
October 10, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. FCA US also petitioned NHTSA on November 2,
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety.
    This notice of receipt of FCA US's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 287,064 MY 2013-2017 Jeep
Compass motor vehicles, manufactured between January 18, 2013, and
December 23, 2016, are potentially involved.
    III. Noncompliance: FCA US explains that the noncompliance is that
the subject vehicles were equipped with liftgate privacy glass that
does not fully comply with paragraph S6 of FMVSS No. 205. Specifically,
the liftgate glass has the AS2 solar glazing marking when it should
have been marked with the AS3 privacy glazing marking.
    IV. Rule Requirements: Paragraphs S6, S6.1(a)(b), S6.2, and
S6.3(a)(b) of FMVSS No. 205 include the requirements relevant to this
petition:

     A Prime glazing material manufacturer must certify, in
accordance with 49 U.S.C. 30115, each piece of glazing material to
which this standard applies is designed as:
    A. A component of any specific motor vehicle or camper; or
    B. to be cut into components for use in motor vehicles or items
of motor vehicle equipment.
     A prime glazing manufacturer certifies its glazing by
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in
letters and numerals of the same size, the symbol ``DOT'' and a
manufacturer's code mark that NHTSA assigns to the manufacturer.
     NHTSA will assign a code mark to a manufacturer after
the manufacturer submits a written request to the Office of Vehicle
Safety Compliance, National Highway Traffic Safety Administration.
The request must include the company name, address, and a statement
from the manufacturer certifying its status as a prime glazing
manufacturer as defined in paragraph S4.
     A manufacturer or distributor who cuts a section of
glazing material to which this standard applies, for use in a motor
vehicle or camper, must:
    A. Mark that material in accordance with section 7 of ANSI/SAE
Z26.1-1996; and
    B. certify that its product complies with this standard in
accordance with 49 U.S.C. 30115.

    V. Summary of FCA US's Petition: FCA US described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
    In support of its petition, FCA US submitted the following
reasoning:
    1. The liftgate glass glazing of the affected vehicles otherwise
meets all marking and performance requirements of FMVSS No. 205 and
ANSI Z26.1, and as NHTSA has previously noted, ``The purpose of this
standard [FMVSS No. 205] is to ensure a necessary degree of
transparency in motor vehicle windows

for driver visibility, and to minimize the possibility of occupants
being thrown through the vehicle windows in collisions.'' Because all
transparent sections of the affected glazing fully meet all the
applicable performance requirements, FCA US does not believe the
incorrect AS2 marking impacts the applicable performance requirements.
FCA US also does not believe that the incorrect AS2 marking impacts the
ability of the glazing to satisfy the stated purpose or affects the
performance of the glazing as required by FMVSS No. 205.
    2. The subject glazing meets all applicable performance
requirements of FMVSS No. 205 and FCA US believes there is no safety
performance implication associated with this technical noncompliance.
    3. In addition to meeting component-level performance requirements
of FMVSS No. 205, the subject glazing also fully meets the vehicle-
level installation requirements specified by FMVSS No. 205. The subject
glazing at 22% light transmissibility is permitted in the liftgate
glass location on the affected Jeep Compass vehicles.
    4. The actual transmissibility of the subject liftgate glass
glazing (approximately 22%) is consistent with all the other glazing
rearward of the driver (i.e. left and right side windows, and the left
and right rear-quarter window glazing) on the affected Jeep Compass
vehicles. Accordingly, there is no reason for the customer, state
inspection authorities, service personnel or anyone else to focus on or
detect any distinction involving the subject liftgate glass.
    5. Even in the extremely unlikely event that a glazing
corresponding to the incorrect markings (i.e. solar glazing with 70%
transmittance) was installed on an affected vehicle, this would also be
fully compliant to all requirements of FMVSS No. 205.
    6. FCA US is not aware of any crashes, injuries, or customer
complaints associated with this condition.
    7. NHTSA has previously granted similar inconsequential treatment
for FMVSS No. 205 marking noncompliance. Examples of similar granted
inconsequentiality petitions for incorrect markings related to glazing
include:
    a. Supreme Corporation, NHTSA-2015-0126 N2 October 21, 2016.
    b. Mitsubishi Motors North America, Inc., NHTSA-2015-0066 N2,
August 22, 2015.
    c. Ford Motor Company, NHTSA-2014-0054 N2, March 2, 2015.
    d. Custom Glass Solutions Upper Sandusky Corp., NHTSA-2013-0124 N2,
January 23, 2015.
    e. General Motors, LLC, NHTSA-2013-0039 N2, April 28, 2015.
    f. Fuji Heavy Industries U.S.A., Inc., NHTSA-2013-0017 N2,
September 25, 2013.
    g. Please see FCA US's petition for their complete list of
petitions that were previously granted by NHTSA for glazing markings.
    FCA US concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    FCA US' complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at: https://www.regulations.gov and following the online search
instructions to locate the docket number listed in the title of this
notice.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that FCA US no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after FCA US
notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-07829 Filed 4-13-18; 8:45 am]
BILLING CODE 4910-59-P