[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35617-35619]
[FR Doc No: 2016-13201]

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 DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0385]
RIN 1625-AA08

Special Local Regulation; Tri-City Water Follies Spring Testing,
Kennewick, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing a Special Local Regulation for
all navigable waters within the Columbia River in the vicinity of
Columbia Park, commencing at the Interstate 395 Bridge and continuing
up river approximately 2.0 miles and terminating at the northern end of
Wade Island, during the Tri-City Water Follies Spring Testing event.
The special local regulation is needed to protect personnel, vessels,
and the marine environment from potential hazards created by high-speed
watercraft. Entry of vessels or persons into this area is prohibited
unless specifically authorized by the Captain of the Port Columbia
River or his designated representative.

DATES: This rule is effective from June 3, 2016 through June 10, 2016
at 6 p.m. This rule will be enforced from June 10, 2016 at 7 a.m.
through June 10, 2016 at 6 p.m. Comments and related material must be
received by the Coast Guard on or before July 5, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0385 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may submit
comments identified by docket number USCG-2016-0385 using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion of the

SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Kenneth Lawrenson, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a Notice of Proposed Rulemaking (NPRM)
with respect to this rule because to do so would be impracticable. The
NPRM process would be contrary to public interest in this situation due
to the extremely hazardous conditions this event could potentially pose
if held without an enforceable special local regulation area.
Furthermore, the event staff submitted the application for marine event
on March 18, 2016, limiting the Coast Guard to two months to complete
an NPRM and full comment period, which is the main factor in our
decision to forego the NPRM process.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date until 30 days after publication would be impracticable, for the
reasons stated above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Columbia River (COTP) has determined that
potential hazards associated with high-speed watercraft will be a
safety concern for anyone within Columbia River mile 330 and 332 during
the event hours. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the special local
regulation area during the event hours.

IV. Discussion of the Rule

    This rule establishes a special local regulation area from 7 a.m.
to 6 p.m. on June 10, 2016. The special local regulation area will
cover all navigable waters within the Columbia River in the vicinity of
Columbia Park, commencing at the Interstate 395 Bridge and continuing
up river approximately 2.0 miles and terminating at the northern end of
Wade Island. The duration of the special local regulation area is
intended to protect personnel, vessels, and the marine environment in
these navigable waters for the entirety of the Tri-City Water Follies
Spring Testing event. No vessel or person will be permitted to enter
the special local regulation area specified in this rule without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, and duration. The special local regulation for the Tri-City
Water Follies Test event will only be effective from 7 a.m. to 6 p.m.
on the date of the test event. Furthermore, the Tri-City Water Follies
Test event is directly related to the main Tri-City Water Follies
Hydroplane racing event which has occurred annually for the last 50
years and is extremely well received in the Kennewick-Pasco-Richland
metropolitan area. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the special local
regulation area and the rule allows vessels to seek permission from the
COTP or his designated representative to enter the area.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a Special Local Regulation for a limited access area
lasting less than 12 hours that will prohibit vessels from entering an
area encompassing Columbia River mile 330 and 332 unless given
permission to do so by the Captain of the Port Columbia River or his
designated representative. It is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T13-0385 to read as follows:

Sec.  100.T13-0385  Special Local Regulation; Tri-City Water Follies
Spring Testing, Kennewick, WA.

    (a) Regulated area. The following is designated as a special local
regulation area:
    (1) Location. The special local regulation area covered by this
rule will cover all navigable waters within the Columbia River in the
vicinity of Columbia Park, commencing at the Interstate 395 Bridge and
continuing up river approximately 2.0 miles and terminating at the
northern end of Wade Island.
    (2) Enforcement period. This special local regulation area is in
effect on June 10, 2016 from 7 a.m. to 6 p.m. The rule will be enforced
for the duration of the Tri-City Water Follies Spring Testing event.
The Coast Guard will inform mariners of any change to this period of
enforcement via Broadcast Notice to Mariners.
    (b) Regulations. In accordance with the general regulations in 33
CFR part 100, to enter, transit through, anchor in, or remain within
the special local regulation area is prohibited unless permission has
been authorized by the Captain of the Port or his designated
representative.
    (1) The following applies to the special local regulation area
identified in paragraph (a)(1) of this section.
    (i) This special local regulation area is designed to restrict
vessel traffic, including all non-motorized vessels, except as may be
permitted by the Captain of the Port Columbia River or his designated
representative.
    (ii) Within this area all vessels will transit at the minimum speed
necessary to maintain headway without creating a wake.
    (iii) A succession of sharp, short signals by whistle, siren, or
horn from vessels patrolling the area under the direction of the U.S.
Coast Guard Patrol Commander shall serve as a signal to stop. Vessels
signaled shall stop and shall comply with the orders of the patrol
vessel personnel; failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (2) [Reserved]
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer or
Washington Law Enforcement Officer may enforce the rules contained in
this section pursuant to 46 U.S.C. 70118. In addition, the Captain of
the Port may be assisted by other federal, state, or local agencies in
enforcing this section.

    Dated: May 25, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-13201 Filed 6-2-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70697-70699]
[FR Doc No: 2020-24500]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90290; File No. SR-ICEEU-2020-013]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change Relating to the ICE Clear Europe
Investment Management Procedures

October 30, 2020.
    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 October 23, 2020, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II, and III below, which Items have been prepared primarily by
ICE Clear Europe. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    ICE Clear Europe proposes to amend its Investment Management
Procedures (the ``Procedures'') to make certain clarifications and
updates with respect to permissible investments, as further described
herein. The revisions would not involve any changes to the ICE Clear
Europe Clearing Rules.\3\
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    \3\ Capitalized terms used but not defined herein have the
meanings specified in the ICE Clear Europe Clearing Rules (the
``Rules'').
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission or
Advance Notice

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission or
Advance Notice

(a) Purpose
    ICE Clear Europe is proposing to adopt the amendments to the
Procedures to clarify the requirements for investment of customer funds
provided by FCM/BD Clearing Members, in light of the expansion of
permitted investments to include qualifying Euro-denominated non-U.S.
sovereign debt pursuant to an exemptive order issued by the Commodity
Futures Trading Commission (the ``CFTC Order'').\4\ The amendments
would also remove certain credit rating requirements for government
bonds, clarify certain matters relating to the use of central bank
deposits and update certain portfolio concentration limits in light of
market conditions.
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    \4\ Order Granting Exemption From Certain Provisions of the
Commodity Exchange Act Regarding Investment of Customer Funds and
From Certain Related Commission Regulations, 83 FR 35241 (July 25,
2018).
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    ICE Clear Europe is proposing to amend the investment management
objectives to clarify that the references to cash subject to investment
under the Procedures are not intended to refer to ICE Clear Europe's
corporate cash held for operating purposes and not for meeting skin-in-
the-game contributions, regulatory capital or other purposes connected
to treasury activities in connection with the management of Clearing
Member margin or guaranty fund contributions. This is consistent with
current practice.
    In the discussion of overall investment considerations, the
amendments would clarify that the overall goal that non-overnight
investments should have a variety of maturity dates is not necessarily
applicable in all cases (such as investments in bank deposits).
Further, the description of how futures commission merchant (``FCM'')
customer funds may be invested would be amended to permit investments
in cash deposits, to clarify that direct purchases with U.S. dollar
cash are limited to U.S. sovereign bonds and to provide that direct
purchases with Euro cash may be made in French and German sovereign
bonds as permitted in the CFTC Order. The requirement that no more than
5% of the investible funds should be held as unsecured cash would be
clarified to state that the calculation would be made over an averaging
period of one calendar month. Certain other typographical and similar
corrections would be made to this section.
    The table of authorised investments and concentration limits for
cash from Clearing Members and Clearing House ``Skin In The Game''
would be amended such that: (i) Instead of stating that the maximum
issuer/counterparty concentration limit is 15% of the total EUR balance
in a single government issuer, there would be no limit for French/
German government bonds and the 15% limit would apply for government
bonds issued by Belgium and the Netherlands; and (ii) an additional
concentration limit for EU government bonds would be imposed at 20% of
the total EUR balance in a single issue for German or French government
bonds and 10% of the total EUR balance in a single issue for Belgian or
Dutch government bonds. For investments of FCM customer funds in EU
government bonds, additional criteria would apply as set out in the
CFTC Order. With respect to central bank deposits, the Federal Reserve
and the European Central Bank (``ECB'') would be added to the list of
allowed central banks. While ICE Clear Europe does not necessarily have
access to deposits at such central banks at this time, the amendment is
intended to allow for possible future developments.
    The amendments would add an additional category to the table of
authorised investments and concentration limits for regulatory capital
for commercial bank deposits with unsecured cash limits to be set
separately for financial service providers, the maximum portfolio
concentration limit being no more than 5% of the total investible funds
in unsecured cash on average each calendar month, the maximum maturity
being overnight and the minimum credit ratings being A-1/P-1.
    The acceptable collateral table for reverse repurchase agreements
would be amended to add GBP and EUR agency bonds with AA-/Aa3 credit
ratings and a 2% haircut. The credit rating requirement (currently (AA-
/Aa3) would be removed for UK and US sovereign bonds. The amendments
would also specify that for FCM customer funds invested in EUR reverse
repo, only collateral meeting the requirements of the CFTC Order would
be accepted.
    The Glossary section would be updated such that central banks would
be added to the definition of Permitted Depositories for FCM Customer
Funds where the CFTC has provided the relevant exemption to ICE Clear
Europe.

A definition of Permitted Purchases of Euro denominated debt for FCM
Customer Funds would be added to set forth the restrictions and
conditions on investment of FCM customer funds in euro denominated
sovereign debt issued by the French Republic and the Federal Republic
of Germany under the CFTC Order.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments are
consistent with the requirements of Section 17A of the Act \5\ and the
regulations thereunder applicable to it. In particular, Section
17A(b)(3)(F) of the Act \6\ requires, among other things, that the
rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest. The proposed
amendments are intended generally to clarify the Clearing House's
criteria for investments of cash provided by Clearing Members and
certain other cash held by the Clearing House, including to take
advantage of the authorization under the CFTC to invest FCM customer
funds in qualifying Euro-denominated sovereign debt. The amendments
would also clarify the permitted use of commercial and central bank
deposits margin, remove unnecessary rating requirements for UK and US
sovereign debt under reverse repurchase agreements, and update certain
concentration and similar limits. Overall, in ICE Clear Europe's view,
the amendments would provide appropriate flexibility for investment of
cash balances while remaining consistent with regulatory requirements.
The amendments would thus facilitate ongoing investment risk management
by the Clearing House and facilitate the Clearing House's ability to
meet its short-term financial obligations in the event of clearing
member defaults or other liquidity stress events. These amendments
would therefore promote overall Clearing House risk management and
facilitate the prompt and accurate clearing of cleared contracts and
protect investors and the public interest in the sound operations of
the Clearing House, consistent with the requirements of Section
17A(b)(3)(F).\7\ In ICE Clear Europe's view, the amendments are also
consistent with maintaining the value of, and access to, funds invested
by the Clearing House, and therefore would enhance the safeguarding of
securities and funds in the custody or control of the Clearing House or
for which it is responsible, within the meaning of Section
17A(b)(3)(F).\8\
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    \5\ 15 U.S.C. 78q-1.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
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    For similar reasons, the proposed amendments to the Procedures are
also consistent with the risk management requirements of Rule 17Ad-
22(e)(3)(i) \9\ through enhancing ICE Clear Europe's investment
management procedures and providing greater investment flexibility,
including for FCM customer funds, in a manner consistent with
applicable regulatory requirements.
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    \9\ 17 CFR 240.17Ad-22(e)(3)(i)-(ii). The rule states that
``[e]ach covered clearing agency shall establish, implement,
maintain and enforce written policies and procedures reasonably
designed to, as applicable: [m]aintain a sound risk management
framework for comprehensively managing legal, credit, liquidity,
operational, general business, investment, custody, and other risks
that arise in are borne by the covered clearing agency, which: (i)
Includes risk management policies, procedures, and systems designed
to identify, measure, monitor, and manage the range of risks that
arise in or are borne by the covered clearing agency, that are
subject to review on a specified periodic basis and approved by the
board of directors annually;''
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    The proposed amendments to the Procedures are also consistent with
the provisions of Rule 17Ad-22(e)(7)(i) and (ii) and Rule 17Ad-
22(a)(14) \10\ which require ICE Clear Europe to maintain sufficient
qualifying liquid resources. In compliance with this requirement, the
proposed amendments would update investment concentration limits and
criteria to better manage liquidity of ICE Clear Europe's Clearing
Member customer funds and regulatory capital. The amendments would also
allow greater flexibility to maintain liquid resources in the form of
central bank and commercial bank deposits.
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    \10\ 17 CFR 240.17Ad-22(e)(7)(i)-(ii). The rule states that
``[e]ach covered clearing agency shall establish, implement,
maintain and enforce written policies and procedures reasonably
designed to, as applicable: [e]ffectively measure, monitor, and
manage the liquidity risk that arises in or is borne by the covered
clearing agency, including measuring, monitoring, and managing its
settlement and funding flows on an ongoing and timely basis, and its
use of intraday liquidity by, at a minimum, doing the following: (i)
Maintaining sufficient liquid resources at the minimum in all
relevant currencies to effect same-day and, where appropriate,
intraday and multiday settlement of payment obligations with a high
degree of confidence under a wide range of foreseeable stress
scenarios that includes, but is not limited to, the default of the
participant family that would generate the largest aggregate payment
obligation for the covered clearing agency in extreme but plausible
market conditions; (ii) Holding qualifying liquid resources
sufficient to meet the minimum liquidity resource requirement under
paragraph (e)(7)(i) of this section in each relevant currency for
which the covered clearing agency has payment obligations owed to
clearing members; 17 CFR 240.17Ad-22(a)(14) Qualifying liquid
resources means, for any covered clearing agency, the following, in
each relevant currency: (i) Cash held either at the central bank of
issue or at creditworthy commercial banks; (ii) Assets that are
readily available and convertible into cash through prearranged
funding arrangements, such as: (A) Committed arrangements without
material adverse change provisions, including: (1) Lines of credit;
(2) Foreign exchange swaps; and (3) Repurchase agreements; or (B)
Other prearranged funding arrangements determined to be highly
reliable even in extreme but plausible market conditions by the
board of directors of the covered clearing agency following a review
conducted for this purpose not less than annually; and (iii) Other
assets that are readily available and eligible for pledging to (or
conducting other appropriate forms of transactions with) a relevant
central bank, if the covered clearing agency has access to routine
credit at such central bank in a jurisdiction that permits said
pledges or other transactions by the covered clearing agency.
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    The amendments to the Procedures would be similarly compliant with
Rule 17Ad-22(e)(16),\11\ which requires assets of the Clearing House
and Clearing Members be held in a manner that minimizes risk of loss
and invested in assets with minimal credit, market and liquidity risk.
The amendments to the acceptable collateral table permit the use of
certain government agency collateral (subject to appropriate
limitations), remove unnecessary rating requirements on US and UK
government bonds and update concentration and similar requirements for
EU government bonds. In ICE Clear Europe's view, these amendments
update and clarify investment options in a manner that appropriately
minimizes credit, market and liquidity risks from these investments,
taking into consideration the benefits of sufficient flexibility to
diversify investments.
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    \11\ 17 CFR 240.17Ad-22(e)(16). The rule states that ``[e]ach
covered clearing agency shall establish, implement, maintain and
enforce written policies and procedures reasonably designed to, as
applicable: [s]afeguard the covered clearing agency's own and its
participants' assets, minimize the risk of loss and delay in access
to these assets, and invest such assets in instruments with minimal
credit, market, and liquidity risks.''
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    Rules 17Ad-22(e)(7)(iii) and (e)(9) \12\ require clearing agencies,
where

possible, to access accounts and services at a central bank. The
proposed addition of the Federal Reserve and the ECB to the allowed
entities for central bank deposits in the table of authorized
investments would provide greater flexibility for the Clearing House to
use central bank deposits, consistent with these requirements, where
permissible.
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    \12\ 17 CFR 240.17Ad-22(e)(7)(iii). The rule states that
``[e]ach covered clearing agency shall establish, implement,
maintain and enforce written policies and procedures reasonably
designed to, as applicable: [e]ffectively measure, monitor, and
manage the liquidity risk that arises in or is borne by the covered
clearing agency, including measuring, monitoring, and managing its
settlement and funding flows on an ongoing and timely basis, and its
use of intraday liquidity by, at a minimum, doing the following:
(iii) Using the access to accounts and services at a Federal Reserve
Bank, pursuant to Section 806(a) of the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C. 5465(a)), or other
relevant central bank, when available and where determined to be
practical by the board of directors of the covered clearing agency,
to enhance its management of liquidity risk; (9) [c]onduct its money
settlements in central bank money, where available and determined to
be practical by the board of directors of the covered clearing
agency, and minimize and manage credit and liquidity risk arising
from conducting its money settlements in commercial bank money if
central bank money is not used by the covered clearing agency.''
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    The amendments to the Procedures would also be compliant with Rule
17Ad-22(e)(15)(ii).\13\ The proposed addition of commercial bank
deposits to the table of authorized investments and concentration
limits for investment of ICE Clear Europe's regulatory capital will be
consistent with the treatment of such investments as liquid net assets
for purposes of this rule and provide ICE Clear Europe with additional
flexibility to meet this requirement.
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    \13\ 17 CFR 240.17Ad-22(e)(15)(ii). The rule states that
``[e]ach covered clearing agency shall establish, implement,
maintain and enforce written policies and procedures reasonably
designed to, as applicable: (15) Identify, monitor, and manage the
covered clearing agency's general business risk and hold sufficient
liquid net assets funded by equity to cover potential general
business losses so that the covered clearing agency can continue
operations and services as a going concern if those losses
materialize, including by: (ii) Holding liquid net assets funded by
equity equal to the greater of either (x) six months of the covered
clearing agency's current operating expenses, or (y) the amount
determined by the board of directors to be sufficient to ensure a
recovery or orderly wind-down of critical operations and services of
the covered clearing agency, as contemplated by the plans
established under paragraph (e)(3)(ii) of this section, and which:
(A) Shall be in addition to resources held to cover participant
defaults or other risks covered under the credit risk standard in
paragraph (b)(3) or paragraphs (e)(4)(i) through (iii) of this
section, as applicable, and the liquidity risk standard in
paragraphs (e)(7)(i) and (ii) of this section; and (B) Shall be of
high quality and sufficiently liquid to allow the covered clearing
agency to meet its current and projected operating expenses under a
range of scenarios, including in adverse market conditions;''
---------------------------------------------------------------------------

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

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
to the authorized investments would apply uniformly to all investments
of Clearing Member customer funds made by the Clearing House, are being
adopted to strengthen and clarify the Clearing House's investment
management procedures and should not affect the rights or obligations
of Clearing Members. The amendments also provide the Clearing House
greater flexibility to hold its own regulatory capital in commercial
bank deposits, which would not have any significant impact on Clearing
Members. As a result, ICE Clear Europe does not believe the amendments
would affect the cost of clearing for Clearing Members or other market
participants, the market for cleared services generally or access to
clearing by Clearing Members or other market participants, or otherwise
affect competition among Clearing Members or market participants in a
manner not necessary or appropriate in furtherance of the purposes of
the Act.

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

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any written comments received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change, Security-Based
Swap Submission and Advance Notice and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2020-013 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-ICEEU-2020-013. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's website at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    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-ICEEU-2020-013 and should be
submitted on or before November 27, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-24500 Filed 11-4-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Page 38175]
[FR Doc No: 2016-13897]

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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: RP16-1000-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated & Non-Conforming
Service Agreement--Kentucky Power to be effective 6/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5595.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1001-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Sec.  4(d) Rate Filing: 2016 FL&U Submittal to be
effective 7/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5604.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1002-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreements--
Colonial 510025 and Narragansett 510075 to be effective 6/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5614.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1003-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreement--
Narragansett 510209 to be effective 6/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5124.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1004-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (QEP
37657 to Trans LA 46521) to be effective 6/2/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5181.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1005-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Capacity Release
Agreements--6/01/2016 to be effective 6/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5227.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1006-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: GEH--Multi-Party Contracts to
be effective 7/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5289.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1007-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: GEH--Multi-Party Contracts to
be effective 7/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5290.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1008-000.
    Applicants: UGI Sunbury, LLC.
    Description: Compliance Tariff Filing [of Pro Forma tariff sheets--
CP15-525] and Request for Waiver of UGI Sunbury, LLC.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5736.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1009-000.
    Applicants: Crossroads Pipeline Company.
    Description: Sec.  4(d) Rate Filing: GEH--Multi-Party Contracts to
be effective 7/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5293.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1010-000.
    Applicants: Central Kentucky Transmission Company.
    Description: Sec.  4(d) Rate Filing: GEH--Multi-Party Contracts to
be effective 7/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5300.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1011-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Operational Sales at Pool
Filing to be effective 7/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5301.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1012-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2016-06-01 Perm
Partial BP to be effective 6/1/2016.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5338.
    Comments Due: 5 p.m. ET 6/13/16.

    Docket Numbers: RP16-1013-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Quarterly Fuel Adjustment Filing of MarkWest Pioneer,
L.L.C. under RP16-1013.
    Filed Date: 6/1/16.
    Accession Number: 20160601-5391.
    Comments Due: 5 p.m. ET 6/13/16.

    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 Sec.  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.

Filings in Existing Proceedings

    Docket Numbers: RP16-549-002.
    Applicants: PGPipeline LLC.
    Description: Compliance filing NAESB 3.0 Compliance Filing to be
effective 4/1/2016.
    Filed Date: 5/31/16.
    Accession Number: 20160531-5607.
    Comments Due: 5 p.m. ET 6/13/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: June 6, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-13897 Filed 6-10-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Notices]
[Page 3714-3716]
[DOCID:fr22ja08-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-5-000]

Southern Natural Gas Company Magnolia Enterprise Holdings, Inc.;
Notice of Intent to Prepare an Environmental Assessment for the
Proposed AGL-Brunswick Project and Request for Comments on
Environmental Issues

January 2, 2008.
    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 AGL-Brunswick Project
involving construction and operation of natural gas pipeline facilities
by Southern Natural Gas Company (Southern) in Jones, Laurens, Glynn,
and Liberty Counties, Georgia. The 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 determine which issues
need to be evaluated in the EA. Please note that the scoping period
will close on February 4, 2008. Details on how to submit comments are
provided

in the Public Participation section of this notice.
    This notice is being sent to affected landowners; Federal, State,
and local government agencies; elected officials; Native American
tribes; other interested parties; and local libraries and newspapers.
State and local government representatives are asked to notify their
constituents of this proposed project and to encourage them to comment
on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is available for
viewing on the FERC Internet Web site (http://www.ferc.gov).

Summary of the Proposed Project

    The proposed AGL-Brunswick Project would provide Atlanta Gas Light
Company (AGLC) with direct access to liquefied natural gas supplies at
the Elba Island LNG facility by making use of Southern's existing
interstate natural gas pipeline system.
    In order for AGLC to gain gas supply from Southern's Elba Island
LNG facility, Southern proposes to abandon by sale to Magnolia
Enterprise Holdings, Inc. (Magnolia) an undivided interest equal to
82,000 thousand cubic feet per day (Mcf/d) of the respective total
capacities of the following facilities:
     Its Twin 30 Pipelines from the interconnect with Elba
Island to Port Wentworth in Chatham County, Georgia, and from milepost
(MP) 0.0 to MP 13.6 in Jasper County, South Carolina;
     10 miles of its 20-inch Wrens to Savannah Second Loop Line
from the interconnection with the Twin 30 Pipelines at MP 104.6 at Port
Wentworth, Georgia to the Rincon Gate at MP 95.1 in Effingham County,
Georgia;
     Its Cypress Pipeline from the take off point at MP 95.1on
the Wrens-Savannah Lines to an interconnection with AGLC's Brunswick
Pipeline in Glynn County, Georgia, including an additional compressor
facility installed by Southern on that portion of the Cypress Pipeline
(as described below); and
     Its Brunswick Pipeline from MP 0.0 to its Jackson
Measurement Station at MP 53.8.
    Magnolia would acquire these facilities and requests authorization
to lease these facilities back to Southern. Magnolia would also acquire
AGLC's 107.5-mile-long Brunswick Pipeline (located between the Laurens
County Meter Station and the East Brunswick Meter Station), including
the measurement facilities, and seeks authorization to lease these
facilities back to Southern.
    In addition, Southern proposes to install the following facilities
to provide the transportation service to AGLC:
     An odorizer at the Brunswick Tap facility in Jones County,
Georgia at milepost (MP) 0.0 on Southern's existing Brunswick Line;
     A new meter station (Macon-Milledgeville 3 Meter Station)
in Jones County, Georgia at MP 4.8 on Southern's existing Brunswick
Line and the intersection with AGLC's existing facilities;
     A new meter station (East Brunswick Meter Station), new
block valve, and odorizer in Glynn County, Georgia at approximate MP
72.2 on the existing Cypress Pipeline; and
     An additional 7,700-horsepower compressor unit at the
Riceboro Compressor Station in Liberty County, Georgia at the same
location as the previously approved Station 1 authorized as
part of the Cypress Pipeline Project.
    Finally, Southern would abandon by removal the existing Laurens
County Meter Station in Laurens County, Georgia at the southern
terminus of Southern's Brunswick Line (MP 53.8);
    The general location of the proposed facilities is shown in
Appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site at the ``eLibrary'' link or
from the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary refer to the ``Additional Information''
section of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail. Requests for detailed maps
of the proposed facilities should be made directly to Southern.
---------------------------------------------------------------------------

Land Requirements for Construction

    The proposed project would affect about 16.3 acres of land during
construction and about 6.2 acres during operation. Following
construction, land consisting of the temporary facility construction
footprints and any additional temporary workspaces would be allowed to
revert to previous conditions. Southern proposes to utilize its
existing rights-of-way during construction of the proposed facilities.
The installation of the new compressor unit at the Riceboro Compressor
Station would disturb about 14.2 acres of the existing 32.6 acre site
during construction and would require about 5.5 fenced acres during
operation. Construction at the Brunswick Tap, East Brunswick Meter
Station, and abandonment at the Laurens County Meter Station would
occur entirely within the existing and previously disturbed facility
footprint and right-of-way, therefore, no new land requirements exist
for these facilities. Southern proposes to use existing public and
private roads for access to the construction areas.

The EA Process

    We \2\ are preparing this EA to comply with the National
Environmental Policy Act (NEPA) which requires the Commission to take
into account the environmental impact that could result if it
authorizes Southern's proposal. By this notice, we are also asking
federal, state, and local 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 status should follow the instructions for filing
comments provided below.
---------------------------------------------------------------------------

    \2\ ''We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    NEPA also requires the FERC 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 of Intent, we are requesting public comments on the scope of the
issues to address in the EA. All comments received will be considered
during the preparation of the EA.
    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils.
     Land use and visual quality.
     Cultural resources.
     Vegetation and wildlife (including threatened and
endangered species).
     Air quality and noise.
     Reliability and safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, where necessary, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and

the Commission's official service list for this proceeding. A comment
period will be allotted for review if the EA is published. We will
consider all comments on the EA before we make our recommendations to
the Commission.
    To ensure your comments are received and considered, please
carefully follow the instructions in the Public Participation section
below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal including alternative locations
and routes, and measures to avoid or lessen environmental impact. The
more specific your comments, the more useful they will be. Please
carefully follow these instructions to ensure that your comments are
received in time and properly recorded:
     Send an original and two copies of your letter to:
Kimberley D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of Gas
Branch 1, PJ-11.1;
     Reference Docket No. CP08-5-000; and
     Mail your comments so that they will be received in
Washington, DC, on or before February 4, 2008.
    The Commission encourages electronic filing of comments. See 18
Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on
the Commission's Internet Web site at http://www.ferc.gov under the

``eFiling'' link and the link to the User's Guide. Prepare your
submission in the same manner as you would if filing on paper and save
it to a file on your hard drive. Before you can file comments you will
need to create an account by clicking on ``Login to File'' and then
``New User Account.'' You will be asked to select the type of filing
you are making. This filing is considered a ``Comment on Filing.''
    As described above, we may publish and distribute the EA for
comment. If you are interested in receiving an EA for review and/or
comment, please return the Information Request (Appendix 3). If you do
not return the Information Request, you will be taken off the mailing
list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding known as an
``intervenor.'' Intervenors play a more formal role in the process.
Among other things, intervenors have the right to receive copies of
case-related Commission documents and filings by other intervenors.
Likewise, each intervenor must send one electronic copy (using the
Commission's eFiling system) or 14 paper copies of its filings to the
Secretary of the Commission and must send a copy of its filings to all
other parties on the Commission's service list for this proceeding.
    If you want to become an intervenor you must file a motion to
intervene according to Rule 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.214) (see Appendix 2).\3\ Only intervenors
have the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \3\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary''

link. Click on the eLibrary link, then on ``General Search'' and enter
the docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, 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 http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

 Kimberly D. Bose,
Secretary.
 [FR Doc. E8-973 Filed 1-18-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 18, 2006 (Volume 71, Number 201)]
[Notices]
[Page 61518-61519]
[DOCID:fr18oc06-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54589; File No. SR-ISE-2006-60]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes

October 11, 2006.
    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 October 3, 2006, the International Securities Exchange, LLC (``ISE''
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 ISE. The ISE has
filed the proposed rule change as one establishing or changing a due,
fee, or other charge imposed by the ISE under Section 19(b)(3)(A)(ii)
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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The ISE is proposing to amend its Schedule of Fees to remove (i)
the surcharge fee for transactions in options on the Standard & Poor's
Depository Receipts[supreg] (``SPDRs[supreg]''), and (ii) language
relating to an expired fee waiver. The text of the proposed rule change
is available on the Exchange's Internet Web site (http://www.iseoptions.com
), at the principal office of the ISE, 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 ISE 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 ISE has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing to amend its Schedule of Fees to remove
(i) the surcharge fee previously adopted \5\ for transactions in
options on SPDRs[supreg], and (ii) language relating to an expired fee
waiver. The Exchange is proposing to remove the surcharge fee from its
Schedule of Fees because it no longer pays a license fee to Standard &
Poor's, the owner of the index on which SPDRs are based, in connection
with transactions in options on SPDRs. Accordingly, there is no longer
a need for this surcharge fee. The Exchange will, however, continue to
charge an execution fee and a comparison fee for transactions in
options on SPDRs.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 51901 (June 22,
2005), 70 FR 37455 (June 29, 2005) (Adopting a $0.10 per contract
surcharge for certain transactions in options on SPDRs); and 52237
(August 10, 2005), 70 FR 48454 (August 17, 2005) (Applying the $0.10
per contract surcharge retroactively to January 10, 2005).
---------------------------------------------------------------------------

    Additionally, the Exchange previously adopted a waiver on the
surcharge for options on the Russell 1000 Index.\6\ That waiver expired
on September 29, 2006. Therefore, the Exchange proposes to delete the
reference to the waiver under the Notes section on its Schedule of
Fees.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 53608 (April 6,
2006), 71 FR 19222 (April 13, 2006).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis for the proposed rule change is the requirement under
Section 6(b)(4) of the Act \7\ that an exchange have an equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 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

    Because the foregoing proposed rule change establishes or changes a
due, fee, or other charged imposed by the Exchange, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(2) \9\ thereunder. At any time within 60 days of the filing of the
proposed rule change the Commission may summarily abrogate such
proposed 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-ISE-2006-60 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 No. SR-ISE-2006-60. 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/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 inspection and
copying in the Commission's Public Reference Room. 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 No. SR-
ISE-2006-60 and should be submitted on or before November 8, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
J. Lynn Taylor,
Assistant Secretary.
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    \10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E6-17316 Filed 10-17-06; 8:45 am]

BILLING CODE 8011-01-P