[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1851-1853]
[FR Doc No: 2013-00263]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-2-000]

Sabine Pass Liquefaction, LLC and Sabine Pass LNG, L.P.; Notice
of Intent To Prepare an Environmental Assessment for the Proposed
Sabine Pass Liquefaction Modification Project and Request for Comments
on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Sabine Pass Liquefaction
Modification Project (Project) involving the modification of facilities
for Sabine Pass Liquefaction LLC and Sabine Pass LNG (Sabine Pass) in
Cameron County, Louisiana. The Project facilities, described below, are
proposed in support of the Sabine Pass facilities that were previously
authorized (CP11-72-000) and are currently under construction. This EA
will be used by the Commission in its decision-making process to
determine whether the Project is in the public convenience and
necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the Project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the

scoping period will close on February 4, 2013.
    Comments on the Project may be submitted in written form or
electronically, as described in the Public Participation section of
this notice. This notice is being sent to the Commission's current
environmental mailing for this Project. State and local government
representatives are asked to notify their constituents of this proposed
Project and encourage them to comment on their areas of concern.

Summary of the Proposed Project

    The Project would consist of the following facilities:
     Construction and operation of a heavies removal unit (HRU)
to be located within the existing Sabine Pass facility;
     condensate storage, metering and send-out facilities;
     four gas pipeline meter stations;
     additional workspaces, laydown and parking areas;
     construction and operation of two additional water supply
pipelines to be installed via horizontal directional drill (HDD) and
the associated workspace for the HDD entry and exit sites; and
     natural gas liquids (NGL) truck loading facilities.
    A Project location map depicting the proposed facilities is
attached to this notice as Appendix 1.\1\
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    \1\ The appendices referenced in this notice are not printed in
the Federal Register, but they are being provided to all those who
receive this notice in the mail. Copies of the NOI can be obtained
from the Commission's Web site at the ``eLibrary'' link,
Commission's Public Reference Room, or by calling<PHONE_NUMBER>.
For instructions on connecting to eLibrary, refer to the end of this
notice.
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Land Requirements for Construction

    The HRU, condensate storage, and metering facilities would be
located within the existing Sabine Pass LNG Import Terminal (SPLNG
Terminal) property. No additional land would be required for these
facilities. The additional workspace and parking would affect
approximately 153.6 acres of land outside of the boundary of the SPLNG
Terminal. Construction and operation of the two additional water supply
pipelines would temporarily impact approximately 0.92 acres of
additional land in an upland area also located outside the SPLNG
Terminal.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as results of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species;
     Reliability; and
     Public safety.
    We will also evaluate reasonable alternatives to the proposed
Project or portions of the Project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendation
to the Commission. To ensure your comments are considered, please
carefully follow the instructions in the Public Participation section
beginning on page 4.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. Agencies that would
like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the Project's potential effects on
historic properties.\3\ We will define the Project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project is
further developed. On natural gas projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this Project will document our
findings on the impacts on historic properties and summarize the status
on consultations under section 106.
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    \3\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Historic
properties are defined in those regulations as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
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Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send in your comments
so that they will be received in Washington, DC on or before February
7, 2013.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP13-2-000) with your submission.
The Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. An eComment is an easy method
for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. With eFiling you can provide
comments in a variety of formats by attaching them as a file with your

submission. New eFiling users must first create an account by clicking
on ``eRegister''. You will be asked to select the type of filing you
are making. A comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; interested Indian tribes;
other interested parties; and local libraries and newspapers. This list
also includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the Project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If the EA is published for distribution, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits, in the Docket Number field (i.e.,
CP13-2). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: January 3, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-00263 Filed 1-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40344-40347]
[FR Doc No: 2020-14488]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89189; File No. SR-CBOE-2020-058]

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

June 30, 2020.
    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 June 24, 2020, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its fees schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt new Footnote 24 of the Fees Schedule
to govern pricing changes that apply for the duration of time the
Exchange trading floor is being operated in a modified manner in
connection with the COVID-19 pandemic.\3\ By way of background, on
March 16, 2020, the Exchange suspended open outcry trading to help
prevent the spread of COVID-19 \4\ and has been operating in an all-
electronic configuration since then. The Exchange intends to reopen its
trading floor on June 15, 2020, but with a modified configuration of
trading crowds in order to implement social distancing and other
measures consistent with local and state health and safety guidelines
to help protect the safety and welfare of individuals accessing the
trading floor. As a result, the Exchange is relocating and modifying
the physical area of certain trading crowds and will also be
determining and reducing how many floor participants may access the
trading floor, along with determining where floor participants may
stand.
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    \3\ The Exchange initially filed the proposed fee changes on
June 15, 2020 (SR-CBOE-2020-056). On business date June 24, 2020,
the Exchange withdrew that filing and submitted this filing. The
Exchange also notes that pricing changes governed by Footnote 12
would not apply when the Exchange operates in a modified state.
    \4\ On March 11, 2020, the World Health Organization
characterized COVID-19 as a pandemic and to slow the spread of the
disease, federal and state officials implemented social-distancing
measures, placed significant limitations on large gatherings,
limited travel, and closed non-essential businesses.
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Proposed Changes
    The Exchange first proposes to amend how floor trading permit fees
are assessed during the time the Exchange is operating in a modified
state in connection with COVID-19. Pursuant to the Fees Schedule, in
order to act as a Market-Maker on the floor, a Trading Permit Holder
(``TPH'') must purchase a Market-Maker Floor Permit (``MM Floor
Permit), and in order to act as a Floor Broker on the floor, a TPH must
purchase a Floor Broker Permit (``FB Permit''). Fees for MM Floor
Permits and FB Permits (collectively, ``trading floor permits'') are
assessed based on the Floor Trading Permit Sliding Scales. As noted
above, in order to help protect the safety and welfare of individuals
that may access the trading floor, upon reopening on June 15, 2020, the
Exchange will regulate how many individuals, including TPH nominees,
may access the trading floor. As such, the Exchange does not wish to
assess floor trading permit fees for trading permits that the TPH may
hold but cannot use to access the trading floor. The Exchange therefore
proposes to instead assess floor trading permit fees based on the
number of trading permits that are ``used'' (i.e., based on the maximum
number of nominees a TPH can, and does have, on the floor on a given
day).\5\ More specifically, the Exchange proposes to provide that while
operating in a modified state in connection with COVID-19, the Exchange
will calculate floor trading permit fees by using the following
formula: (i) The number of floor trading permits that have a nominee
assigned to it in the Customer Web Portal system (``Portal'') in a
given month, multiplied by the number of trading days that the floor is
open and that a nominee is assigned to each respective trading permit
in that month, divided by (ii) the total number of trading days in a
month. The Exchange will round up to determine the total number of
trading permits assessed fees using the Floor Trading Permit Sliding
Scales. The Exchange also proposes to make clear that if the trading
floor becomes fully operational mid-month, trading floor permit fees
will continue to be assessed using the foregoing formula. The following
is an example of how the proposed change in floor trading permit fees
would be applied during a month where the trading floor is operating in
a modified manner:
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    \5\ For example, if a TPH organization that normally has 5 floor
Trading Permits is only allowed to have no more than 2 individuals
on the trading floor when the floor is operated in a modified
manner, that TPH organization will only be assessed for 2 trading
permit fees if both trading permits are used, even if the TPH
organization rotates which associated individuals are on the trading
floor.
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    Example: A SPX Market-Maker TPH holds a total of 6 Market-Maker
Floor Permits (``MM Floor Permits'') and is assigned 3 trading spaces
on the trading floor in its modified configuration (i.e., may have up
to 3 nominees on the floor at a time). In a month with 22 trading days,
2 of the MM Floor Permits are assigned to a nominee in the Customer Web
Portal for 17 trading days and 1 of the permits is assigned to a
nominee in the Customer Web Portal for 7 trading days that over laps
with the other 2 nominees (i.e., for 7 days in the month, the TPH has 3
nominees on the floor). The Exchange would calculate the trading floor
permit fees as follows: (i) 2 permits x 17 days + 1 permit x 7 days

(i.e., total 41 days), divided by (ii) 22 trading days, which equals =
1.9 permits. Rounding up, the Exchange would apply the Floor Trading
Permit Sliding Scale to 2 MM Floor Permits. Based on the Market-Maker
Floor Trading Permit Sliding Scale, the TPH's total MM Floor Permit
Fees for the month would be $10,500 (i.e., 1 @$6,000 + 1 @$4,500).\6\
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    \6\ The Exchange notes that Market-Maker Floor Tier Appointment
Fees will continue to be assessed based on the number of trading
permits ``used'' during a given month (i.e., the number of Tier
Appointment Fees assessed will be determined by the highest number
of trading permits used in the respective class on any particular
day during the month, subject to any applicable thresholds being
met). As such, in this example, the Market-Maker TPH would also be
assessed 3 SPX Market-Maker Floor Tier Appointment Fees.
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    The Exchange next proposes to include language in Footnote 24 of
the Fees Schedule to provide that certain registration fees will not be
assessed when the trading floor is operating in a modified manner. By
way of background, every TPH organization must designate an individual
nominee to represent the organization with respect to each Floor Broker
Trading Permit or Market-Maker Floor Trading Permit in all matters
relating to the Exchange.\7\ An ``inactive nominee'' of a TPH
organization is an individual who is eligible to become an effective
nominee of that organization with respect to any Floor Broker Trading
Permit or Market-Maker Floor Trading Permit which the organization
holds.\8\ Only active nominees are permitted to act as a Market-Maker
or Floor Broker on the trading floor. In order for an inactive nominee
to act as a Market-Maker or Floor Broker on the trading floor, the TPH
organization it is associated with must purchase an additional Floor
Trading Permit or must swap places with an active nominee on a Trading
Permit, which nominee would then become inactive. The Exchange
currently assesses a monthly fee of $300 for any nominee that retains
inactive status (i.e., ``Inactive Nominee Status Fee (Parking
Space)''). The Exchange also assesses $100 each time an inactive
nominee swaps places with a nominee on a Trading Permit (``Inactive
Nominee Status Change (Trading Permit Swap)'' fee). As TPH
organizations will not purchase additional floor Trading Permits while
the trading floor is operating in a modified manner, and as the
Exchange will be regulating how many nominees may access the trading
floor, the Exchange believes the Inactive Nominee Status fee (Parking
Space) and Inactive Nominee Status Change (Trading Permit Swap) fee
should not apply during a month that the Exchange operates in a
modified manner. The Exchange notes these fees also did not apply when
the Exchange operated in an electronic-only configuration.\9\
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    \7\ See Cboe Options Rule 3.9(b).
    \8\ See Cboe Options Rule 3.9(e).
    \9\ See Cboe Options Fees Schedule, Footnote 12.
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    The Exchange next proposes to amend the Floor Broker ADV Discount.
Under this discount program, FB Trading Permit fees are eligible for
rebates based on the average customer (``C'') open-outcry contracts
executed per day over the course of a calendar month in all underlying
symbols. As the trading floor was closed from June 1 through June 12,
2020 (and therefore there were no open-outcry contracts executed during
this time), the Exchange proposes that for the month of June 2020, ADV
will be based on June 15-June 30, 2020 volume.
    The Exchange next proposes to increase the floor SPX/SPXW Market-
Maker Tier Appointment fee from $3,000 per permit to $5,000 per permit
when the Exchange is operating in a modified state. As noted above,
Market-Maker Floor Tier Appointment Fees will continue to be assessed
based on the number of trading permits ``used'' during a given month
(i.e., the number of Tier Appointment Fees assessed will be determined
by the highest number of trading permits used in the respective class
on any particular day during the month, subject to any applicable
thresholds being met).
    The Exchange also proposes to increase the Floor Brokerage fees for
SPX and SPXW transactions. Specifically, the Exchange proposes to
modestly increase the fee for non-crossed orders from $0.04 per
contract to $0.05 per contract and the fee for crossed orders from
$0.02 per contract to $0.03 per contract when the Exchange is operating
in a modified state.
    The Exchange next proposes to waive the following facilities fees
for as long as the trading floor is operating in a modified manner as
such services and products cannot be utilized during such time;
provided however that such fees will be pro-rated based on the
remaining trading days in the calendar month if the trading floor
becomes fully operational mid-month:

------------------------------------------------------------------------
              Description                              Fee
------------------------------------------------------------------------
Standard Booth Rental Fees.............  $195/month (Perimeter); $550/
                                          month (OEX, Dow Jones/MNX/
                                          VIX).
Non-Standard Booth Rental Fees.........  $1,250/month; $1.70 per sq ft./
                                          month.
Wireless Phone Rental..................  $110/month.
Arbitrage Phone Positions..............  $550/month.
Satellite TV...........................  $50/month.
------------------------------------------------------------------------

    Lastly, the Exchange proposes to eliminate an obsolete footnote
reference in the Floor Brokerage Fees table. Particularly, the Exchange
proposes to eliminate the reference to Footnote ``(40)''. The Exchange
notes that although it recently eliminated Footnote 40 in its entirety
(which is now ``reserved''), it inadvertently omitted eliminating the
appended reference in the Floor Brokerage Fees table.\10\ The proposed
deletion maintains clarity in the Fees Schedule and alleviates
potential confusion.
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    \10\ See Securities and Exchange Act Release No. 88341 (March 6,
2020), 85 FR 14513 (March 12, 2020) (SR-CBOE-2020-006).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\11\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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. Additionally,
the Exchange believes the proposed rule change is consistent with

Section 6(b)(4) of the Act,\13\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposed rule change to assess fees to
only those floor Trading Permits that are ``used'' to access the
trading floor when the trading floor is operated in a modified manner
is reasonable because TPHs will not be assessed fees for floor Trading
Permits that cannot be used to use to access the trading floor. The
Exchange believes the proposed formula is reasonable as it assesses
fees based on the number of nominees that can, and do, access the
trading floor and on the dates that such nominee is assigned to a
Trading Permit. The Exchange believes using the number of days a
nominee is assigned to a permit to calculate the floor trading permit
fees is appropriate as there may be instances in which a TPH does not
have a nominee available to occupy one of its assigned trading spaces
(e.g., if a nominee must avoid the Exchange's facilities for a reason
enumerated in the Covid-19 Policy).\14\ The Exchange believes the
proposed rule change relating to floor trading permit fees is also
reasonable, equitable and not unfairly discriminatory as it applies to
all floor TPHs equally.
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    \14\ See Cboe Trade Notice ``Standards of Conduct related to the
Reopening of the Cboe Options Trading Floor and COVID-19'',
Reference ID C2020052601, available at https://cdn.cboe.com/resources/release_notes/2020/Standards-of-Conduct-related-to-the-Reopening-of-the-Cboe-Options-Trading-Floor-Notice-Final.pdf.
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    The Exchange believes the proposal to waive the Inactive Nominee
Status fee and Inactive Nominee Status Change fee is reasonable,
equitable and not unfairly discriminatory as TPHs would not be subject
to such fees and it would apply uniformly to all nominees and inactive
nominees. Also as discussed above, the Exchange does not believe it's
appropriate to apply such fees, as TPH organizations will not be
purchasing additional floor Trading Permits while the trading floor is
operating in a modified manner, and as the Exchange is regulating how
many nominees may access the trading floor. Moreover, as noted above,
the Exchange already waives both fees when the trading floor is fully
inoperable.\15\
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    \15\ See Cboe Options Fees Schedule, Footnote 12.
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    The Exchange also believes its proposal to base the ADV thresholds
for the Floor Broker ADV Discount program on volume from June 15
through June 30, 2020 is reasonable as such discount is based on open-
outcry volume only and the Exchange floor was closed between June 1-
June 12, 2020. The Exchange believes the proposed change is equitable
and not unfairly discriminatory as it applies uniformly to all Floor
Brokers.
    The Exchange believes the proposal to increase the floor SPX/SPXW
Market-Maker Tier Appointment fee is reasonable because floor Market-
Makers trading SPX/SPXW will still be paying similar trading permit-
related fees as compared to when the trading floor was fully
operational. Particularly, the Exchange notes that because it intends
to limit the amount of Market-Makers in SPX/SPXW allowed on the trading
floor when the trading floor is operated in a modified manner, Market-
Makers will be saving on trading permit fees it would otherwise incur
if the trading floor were fully operational.\16\ The Exchange also
notes that it has not increased the SPX/SPXW Market-Maker Tier
Appointment fee amount since it was adopted ten years ago.\17\ The
Exchange also believes the proposed rule change is reasonable,
equitable and not unfairly discriminatory as it applies to all floor
Market-Makers trading SPX/SPXW equally. The Exchange believes it's
reasonable equitable and not unfairly discriminatory to increase the
SPX/SPXW floor Market-Maker Tier Appointment fee and not the SPX/SPXW
electronic Market-Maker Tier Appointment fee when the floor is
operating in a modified state, as electronic Market-Makers pay the same
trading permit fees regardless of whether the floor is open, closed or
partially open, as compared to floor Market-Makers who are otherwise
paying lower trading permit fees when the floor is partially open, as
discussed above.
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    \16\ The Exchange notes that it intends to allow Market-Maker
TPH organizations in SPX to assign nominees to approximately half of
the floor MM Floor Permits each TPH organization holds to access the
trading floor. As discussed above, Market-Makers would not be
assessed fees for the MM Floor Permits it is not allowed to use to
access the trading floor.
    \17\ See Securities Exchange Act Release No. 62386 (June 25,
2010) 75 FR 38566 (July 2, 2010) (SR-CBOE-2010-060).
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    The Exchange similarly believes it's reasonable to increase the
SPX/SPXW floor brokerage fees as it's a modest increase and as Floor
Brokers in SPX are also expected to pay less in FB Permit fees when the
Exchange is operating in a modified manner.\18\ The Exchange also notes
that it has not increased the SPX/SPXW Floor Brokerage fee amounts in
well over fourteen years.\19\ The Exchange believes the proposed rule
change is reasonable, equitable and not unfairly discriminatory as it
applies to all Floor Brokers equally.
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    \18\ The Exchange notes that it intends to allow Floor Broker
TPH organizations in SPX to assign nominees to approximately half of
the floor FB Floor Permits each TPH organization holds to access the
trading floor. As discussed above, Floor Brokers would not be
assessed fees for the FB Floor Permits it is not allowed to use to
access the trading floor.
    \19\ See Securities Exchange Act Release No. 53372 (February 24,
2006) 71 FR 11003 (March 3, 2006) (SR-CBOE-2006-10).
---------------------------------------------------------------------------

    The Exchange believes the proposal to waive the identified facility
fees is reasonable as market participants won't be subject to such
fees. The listed facility fees each apply to a product or service that
may only be utilized when the trading floor is operating at fully
capacity and will not be available when the Exchange is operating in a
modified manner. The Exchange believes it's therefore appropriate to
waive such fees while the Exchange is operating in a modified manner.
The Exchange also believes it's appropriate to pro-rate such fees if
the trading floor reopens mid-month as market participants will have
the benefit of using such services/products for the remainder of the
month. The Exchange believes the proposed rule change is equitable and
not unfairly discriminatory as it applies equally to all market
participants.
    The Exchange lastly believes the proposed deletion of an obsolete
footnote reference maintains clarity in the Fees Schedule and
alleviates potential confusion, thereby reducing impediments to, and
perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition that are not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes the
proposed changes relating to Footnote 24 are not intended to address
any competitive issue, but rather to address fee changes it believes
are reasonable because the trading floor is reopening, but must be
operated in a modified manner in connection with COVID-19 in order to
help protect the safety and welfare of individuals access the trading
floor. The Exchange does not believe that the proposed rule change will
impose any burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed changes apply equally to all

similarly situated market participants. The Exchange does not believe
that the proposed rule changes will impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because the proposed changes only affect trading on
the Exchange in limited circumstances.

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

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

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

    The foregoing rule change 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

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

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-CBOE-2020-058 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2020-058. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 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. 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-CBOE-2020-058 and should be submitted on
or before July 27, 2020.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-14488 Filed 7-2-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24087-24088]
[FR Doc No: 2016-09481]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6057-004]

James and Sharon Jans; Notice of Application Accepted for Filing,
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Surrender of Exemption.
    b. Project No.: 6057-004.
    c. Date Filed: August 3, 2015, and supplemented on April 14, 2016.
    d. Exemptee: James and Sharon Jans.
    e. Name of Project: Odell Creek Hydro Project.
    f. Location: The project is located at Odell Creek in Hood River
County, Oregon. The project does not occupy federal lands.
    g. Filed Pursuant to: 18 CFR 4.102.
    h. Exemptee Contact: Mr. and Mrs. James and Sharon Jans, 4025
Summit Drive, Hood River, OR 97031, Telephone:<PHONE_NUMBER>, and
Cindy Thieman, Hood River Soil and Water Conservation District (SWCD),
3007 Experiment Station Dr., Hood River, OR 97031, Telephone: (541)
386-6063.
    i. FERC Contact: Mr. Ashish Desai,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions and protests is 30
days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests and comments 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/docs-filing/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_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (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-6057-004.
    k. Description of Project Facilities: The project consists of: (1)
A 12-foot-high diversion structure; (2) a 42-inch-diameter, 1,095-foot-
long corrugated metal pipeline connected by a surge tank to a 34-inch-
diameter, 418-foot-long steel penstock; (3) a powerhouse containing
three generating units with a total rated capacity of 225-kilowatts;
(4) a 1,200-foot-long, 15-kilovolt transmission line; (5) intake fish
screens; (6) a weir fish ladder on the right side of the diversion
structure; and (7) appurtenant facilities.
    l. Description of Proceeding: On August 18, 2015, and supplemented
on April 14, 2016, James and Sharon Jans, exemptee, filed an
application stating that due to financial and regulatory challenges it
would surrender and decommission the existing Odell Creek Hydroelectric
Project. The exemptee proposes to remove the diversion structure, fish
ladder, and portions of the penstock and to restore the stream channel.
The generating and transmission facilities would also be removed;
however, the exemptee would secure the powerhouse which would remain in
place.
    m. Locations of the Application: This filing may be viewed on the
Commission's Web site 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. 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_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction in the Commission's
Public Reference Room located at 888 First Street NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.212 and .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,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' 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 and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the exemption surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. 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.
    q. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: April 19, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09481 Filed 4-22-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Notices]
[Pages 10792-10794]
[FR Doc No: 2012-4150]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66410; File No. SR-CHX-2012-06]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend its Fee Schedule To Provide for a New Cross Connection Charge and
Waive Monthly Fees at its New Facility Until April 1, 2012

February 16, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on February 9, 2012, the Chicago Stock Exchange,

Inc. (``CHX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. CHX has filed the proposal pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to amend its Schedule of Fees and Assessments (the
``Fee Schedule''), to provide for certain new cross connection charges
and to waive monthly port fees and cross connection charges otherwise
applicable to any Participants connecting to CHX's new facilities in
the Equinix NY4 data center (``NY4'') until April 1, 2012. CHX also
proposes consolidating connection charges and modifying certain
descriptions contained in the Fee Schedule for clarity. The text of
this proposed rule change is available on the Exchange's Web site at
(www.chx.com) and in 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 CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified in Item IV
below. The CHX 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
    Through this filing, the Exchange proposes to amend its Schedule of
Fees and Assessments (the ``Fee Schedule'') to provide for certain new
cross connection charges and to waive monthly port fees and cross
connection charges otherwise applicable to any Participants connecting
to CHX's new facilities in the Equinix NY4 data center (``NY4'') until
April 1, 2012. CHX also proposes consolidating connection charges and
modifying certain descriptions contained in the Fee Schedule for
clarity.
    Last year, CHX began an initiative to establish a presence at NY4
in order to improve latencies for its east coast customers and increase
the use of its Matching System. The following proposed modifications to
the CHX Fee Schedule are related to this initiative.
    The Exchange proposes to consolidate all connection charges into
section D. and rename this section ``Connection Charges.'' The Exchange
also proposes dividing connection charges into two general categories:
1. ``Matching System Port Charges'', which are assessed for each
logical connection into the Exchange's Matching System; and, 2. ``Cross
Connection Charges'', which are assessed based upon the capacity of the
line that physically connects equipment and the type of equipment that
is being connected. Such connections are utilized to send market data
to, and receive orders from, the customer's equipment.
    Under new section D. 1. ``Matching System Port Charges'' the
Exchange will further clarify, in both the heading and the following
descriptive paragraph, that such charges are for ``logical'' (i.e. not
physical) connectivity. The Exchange will also further specify that one
port charge is assessed for each Participant give-up that has access
through any Participant connection to the Matching System.
Additionally, the Exchange proposes removing the parenthetical
reference to the effective date from the rule text.
    Under new section D. 2. ``Cross Connection Charges'' the Exchange
will clarify in the heading that such charges are for ``physical''
connectivity. The Exchange also proposes subdividing new section D. 2.
into cross connection charges that are available for: (a) Carrier
equipment to customer equipment connections; and, (b) Customer
equipment to CHX equipment connections. The Exchange notes that the
various charges specified in new section D. 2. (a) are those charges
that previously appeared as ``Data Connections'' under section G. ``Co-
location Fees.'' The Exchange believes that moving these charges from
section G. into section D. and thereby consolidating them with other
types of connection charges will clarify the Fee Schedule. The Exchange
also proposes deleting the subheading ``Space'' from Section G. ``Co-
location Fees'' since it will no longer be needed to distinguish space
rental charges from connectivity charges.
    This proposal would also change the description for the ``CHX
Network Connection'' charge, which previously appeared in Section G.,
to ``1G Connection'' and would also add a second, higher capacity, 10G
cross connection charge under new section D. 2. (b); which are physical
connections from customer equipment to CHX equipment. In the case of
the 1G connection, the Exchange will continue to charge a one-time fee
of $150 to establish the connection and a recurring monthly fee of
$100. In the case of the new higher capacity 10G connection, the
Exchange proposes charging a one-time fee of $1,000 to establish the
connection and a recurring monthly fee of $500. As mentioned above,
such connections are utilized to send market data to, and receive
orders from, the customer's equipment
    Finally, in order to encourage current and new customers to
establish connections at the Exchange's new facility and to provide a
transitional period for those current customers that would like to move
their connections from Chicago to the new NY4 facility, CHX proposes
waiving monthly port fees and monthly cross connection charges at the
NY4 facility until April 1, 2012. The Exchange believes that waiving
monthly charges at NY4 until this date certain will accomplish its two
goals of encouraging the establishment of new connections while
avoiding temporarily double charging those customers that would simply
like to connect to the new facility and then subsequently disconnect
from the Chicago facility. To communicate this policy to all
Participants, the Exchange proposes adding language to its Fee Schedule
indicating that no monthly charges will be assessed under section D.
for CHX's Equinix NY4 data center location until April 1, 2012. The
Exchange notes that it will waive only the monthly fees applicable
under section D. and not one-time fees because such fees are associated
with the establishment of a new physical connection.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \6\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and other persons

using any facility or system which the Exchange operates or controls.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the addition of the 1G and
10G cross connection charges specified above is reasonable because
these charges are similar to those in effect for equivalent services at
other exchanges.\7\ Furthermore, these charges are equitable and non-
discriminatory in that they are only charged to those Participants that
have exclusive use of the connection for which the Exchange is
charging.
---------------------------------------------------------------------------

    \7\ See BATS BZX Exchange Fee Schedule, ``Physical Connection
Charges'', p.4, available on BATS' public Web site. See also
DirectEdge EDGA Exchange Fee Schedule, Physical Connectivity Fees,
p. 3, available on DirectEdge's public Web site.
---------------------------------------------------------------------------

    The Exchange also believes that the waiver of monthly fees
otherwise applicable under section D. of its Fee Schedule for
connections established at its new NY4 facility until April 1, 2012 is
both reasonable and equitable in that it encourages all Participants to
establish connections at the new facility but will ultimately impose
new charges on those that have established additional connections after
that date. Furthermore, the Exchange believes that the waiver of
monthly fees until a date certain results in a non-discriminatory
application of fees in that it will not temporarily double charge those
Participants that are transitioning to the new facility, provided the
new connection is made and the old connection discontinued prior to
April 1, 2012.
    Finally, the Exchange believes that the proposed consolidation of
connection charges and
    other clarifying modifications to its Fee Schedule are consistent
with Section 6(b) of the Act \8\ in general, and further the objectives
of Section 6(b)(5) of the Act \9\ in particular, in that they foster a
better understanding of the various fees charged by the Exchange to all
Participants and other persons using any facility or system which the
Exchange operates or controls.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The addition of fees similar
to those charged by competing markets and the temporary waiver of
monthly fees at a new facility during a brief transitional period will
not impose any burden on competition.

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

    No written comments were either solicited or received.

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

    The proposed rule change is to take effect pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 19b-4
thereunder \11\ because it establishes or changes a due, fee or other
charge applicable to the Exchange's members and non-members, which
renders the proposed rule change effective upon filing.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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.

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-CHX-2012-06 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-CHX-2012-06. 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-CHX-2012-06 and should be
submitted on or before March 15, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4150 Filed 2-22-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Page 38926]
[FR Doc No: 2023-12661]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97671; File No. SR-NSCC-2022-015]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Designation of Longer Period for Commission
Action on Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change To Make Certain Enhancements to the Gap Risk
Measure and the VaR Charge

June 8, 2023.
    On December 2, 2022, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2022-015 (the ``Proposed
Rule Change'') pursuant to section 19(b)(1) of the Securities Exchange
Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The Proposed
Rule Change was published for comment in the Federal Register on
December 21, 2022,\3\ and the Commission has received one comment
regarding the changes proposed in the Proposed Rule Change.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 96511 (Dec. 15,
2022), 87 FR 78157 (Dec. 21, 2022) (File No. SR-NSCC-2022-015)
(``Notice of Filing'').
    \4\ Comments are available at https://www.sec.gov/comments/sr-nscc-2022-015/srnscc2022015.htm.
---------------------------------------------------------------------------

    On January 24, 2023, pursuant to section 19(b)(2) of the Act,\5\
the Commission designated a longer period within which to approve,
disapprove, or institute proceedings to determine whether to approve or
disapprove the Proposed Rule Change.\6\ On March 20, 2023, the
Commission instituted proceedings, pursuant to section 19(b)(2)(B) of
the Act,\7\ to determine whether to approve or disapprove the Proposed
Rule Change.\8\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ Securities Exchange Act Release No. 96740 (Jan. 24, 2023),
88 FR 5953 (Jan. 30, 2023) (SR-NSCC-2022-015).
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ Securities Exchange Act Release No. 97171 (March 20, 2023),
88 FR 17898 (March 24, 2023 (File No. SR-NSCC-2022-015).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \9\ provides that proceedings to
determine whether to approve or disapprove a proposed rule change must
be concluded within 180 days of the date of publication of notice of
filing of the proposed rule change. The time for conclusion of the
proceedings may be extended for up to 60 days if the Commission
determines that a longer period is appropriate and publishes the
reasons for such determination.\10\ The 180th day after publication of
the Notice in the Federal Register is June 19, 2023.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 15 U.S.C. 78s(b)(2)(B)(ii)(II).
---------------------------------------------------------------------------

    The Commission is extending the period for Commission action on the
Proposed Rule Change. The Commission finds that it is appropriate to
designate a longer period within which to take action on the Proposed
Rule Change so that the Commission has sufficient time to consider the
issues raised by the Proposed Rule Change and to take action on the
Proposed Rule Change. Accordingly, pursuant to section
19(b)(2)(B)(ii)(II) of the Act,\11\ the Commission designates August
18, 2023, as the date by which the
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    Commission should either approve or disapprove the Proposed Rule
Change SR-NSCC-2022-015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12661 Filed 6-13-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55313-55314]
[FR Doc No: 2019-22530]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-35-000]

Commission Information Collection Activities (FERC-515) Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collection, FERC-515 (Declaration of Intention).

DATES: Comments on the collection of information are due December 16,
2019.

ADDRESSES: You may submit comments (identified by Docket No. IC19-35-
000) by either of the following methods:
     eFiling at Commission's website: http://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-515 (Declaration of Intention).
    OMB Control No.: 1902-0079.
    Type of Request: Three-year extension of the FERC-515 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The Commission uses the information collected under the
requirements of FERC-515 to implement the statutory provisions of
Section 23(b) of the Federal Power Act (FPA).\1\ Section 23(b)
authorizes the Commission to make a determination as to whether it has
jurisdiction over a proposed water project \2\ not affecting navigable
waters \3\ but across, along, over, or in waters over which Congress
has jurisdiction under its authority to regulate commerce with foreign
nations

and among the several States. Section 23(b) requires that any person
intending to construct project works on such waters must file a
declaration of their intention with the Commission. If the Commission
finds the proposed project will have an impact on interstate or foreign
commerce, then the entity intending to construct the project must
obtain a Commission license or exemption before starting
construction.\4\
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    \1\ 16 U.S.C. 817.
    \2\ Dams or project works (16 U.S.C. 817).
    \3\ See 16 U.S.C. 796 (8) for the definition of ``Navigable
Waters.''
    \4\ Upon a finding of non-jurisdictional by the Commission, and
if the project does not utilize surplus water or waterpower from a
government dam and no public lands or reservations are affected,
permission is granted upon compliance with State laws.
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    The information is collected in the form of a written application,
containing sufficient details to allow the Commission staff to research
the jurisdictional aspects of the project. This research includes
examining maps and land ownership records to establish whether or not
there is Federal jurisdiction over the lands and waters affected by the
project. A finding of non-jurisdictional by the Commission eliminates a
substantial paperwork burden for the applicant who might otherwise have
to file for a license or exemption application. The Commission
implements these filing requirements under 18 CFR part 24.
    Type of Respondents: Persons intending to construct project works
on certain waters described above.
    Estimate of Annual Burden. \5\ The Commission estimates the annual
public reporting burden and cost \6\ for the information collection as:
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    \5\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a federal agency. See 5
CFR 1320 for additional information on the definition of information
collection burden.
    \6\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $80.00/hour =
Average cost/response. The figure is the 2019 FERC average hourly
cost (for wages and benefits) of $80.00 (and an average annual
salary of $167,091/year). Commission staff is using the estimate for
FERC average wages and benefits because we consider resources
completing the FERC-515 to be compensated at rates similar to FERC
employees.

                                       FERC-515--Declaration of Intention
----------------------------------------------------------------------------------------------------------------
                               Annual  number                                      Total annual
                                of  responses   Total  number   Average burden    burden hours &     Cost per
    Number of respondents            per        of  responses  hours & cost ($)    total annual   respondent ($)
                                 respondent                      per response       cost  ($)
(1)                                       (2)     (1) * (2) =  (4).............  (3) * (4) = (5)       (5) / (1)
                                                          (3)
----------------------------------------------------------------------------------------------------------------
6............................               1               6  80 hrs.;........  480 hrs.;......          $6,400
                                                               $6,400..........  $38,400........
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    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collections of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: October 9, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22530 Filed 10-15-19; 8:45 am]
 BILLING CODE 6717-01-P