[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58665-58671]
[FR Doc No: 2018-25234]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84582; File No. SR-MRX-2018-34]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to Market
Maker Quoting Obligations

November 14, 2018.
    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 November 7, 2018, Nasdaq MRX, LLC (``MRX'' 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. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend its rules related to Market Maker
(i.e., Primary Market Maker and Competitive Market Maker) quoting
obligations.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Rule 804(e) to
provide greater detail regarding the quoting obligations of Market
Makers and the manner in which they are calculated, and to restructure
the current rules to conform to rule text used on its affiliated
options market, Nasdaq Phlx (``Phlx'').\3\ The Exchange seeks to make
conforming changes to Rule 804(e) to promote structural consistency of
the Exchange's rules with those of its affiliated options markets, and
to allow its members to quickly compare quoting obligations across the
Nasdaq, Inc. affiliated options markets.\4\ The Exchange notes that it
is generally including additional detail in its rules on the existing
obligations and process using the same format as Phlx Rule 1081(c).
Other than one modification to allow the Exchange to announce in
advance a higher percentage of quoting compliance standards as further
described below, no changes to the current practice or to the current
quoting obligations are being contemplated by this rule change.
Accordingly, to the extent there are other differences between the
proposed rule text and the current language, the Exchange is in those
cases either conforming to Phlx Rule 1081(c) or codifying current
practice explicitly within the proposed rule, as further discussed
below.
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    \3\ See Phlx Rule 1081(c). See also Securities Exchange Act
Release No. 83209 (May 10, 2018), 83 FR 22717 (May 16, 2018) (SR-
Phlx-2018-22) (order granting approval of proposed rule change to
amend Phlx's quoting requirements, among other changes).
    \4\ Nasdaq ISE, LLC (``ISE'') and Nasdaq GEMX, LLC will file
similar proposals.
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Rule 804(e)
    The Exchange first proposes to remove the word ``continuous'' from
the title of Rule 804(e) and retitle the Rule as ``Intra-day Quotes.''
The Exchange is replacing the word ``continuous'' with ``intra-day''
because the Exchange notes that Market Makers quote a percentage of the
day and therefore the word ``continuous'' may not accurately reflect
the manner in which Market Makers quote on MRX. The Exchange also
proposes related changes to replace the word ``continuous'' with
``intra-day'' within the Rulebook, specifically in Rules 701(c)(3) and
(4), and Rule 702(d)(4).\5\
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    \5\ The Exchange notes that as part of a parallel ISE filing
that also proposes to amend the quoting obligations, ISE proposes to
replace the word ``continuous'' with ``intra-day'' within ISE Rule
1614(b)(10). ISE Chapter 16, including ISE Rule 1614, is
incorporated by reference into the Exchange's Rulebook. As such, the
proposed amendment to ISE Rule 1614 will also apply to MRX Rule
1614. See SR-ISE-2018-90.
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    The Exchange also proposes to amend Rule 804(e) by deleting the
introductory sentence: ``A market maker must enter continuous
quotations for the options classes to which it is appointed pursuant to
the following.'' The Exchange proposes to specifically detail a Market
Maker's quoting obligations in new rule text within paragraph (e) and
therefore believes that the deleted language is not necessary given
that the following sentences will replace this language, as described
below.
    The Exchange proposes to add new rule text to Rule 804(e). The
first new sentence will provide, similar to Phlx Rule 1081(c): ``A
market maker must enter bids and offers for the options to which it is
appointed, except in an assigned options series listed intra-day \6\ on
the Exchange.'' The Exchange believes this sentence is clearer than the
current Rule 804(e) because it excepts intra-day quotes. The Exchange
notes that this is the case today, where a Market Maker is not held to
quote an intra-day add of a series because the options series was not
available for trading the entire day. The Exchange is adding this
exception to the rule text to make clear that Market Makers would not
be responsible for quoting an intra-day addition on the day it was
added. The Exchange does not count intra-day adds of a series that were
not available for the entire day of trading because the Market Maker
would not have the opportunity to trade that particular options series
for the entire trading day, and therefore could not have anticipated
the impact such intra-day adds would have on the calculation of its
quoting obligations.
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    \6\ An intra-day listing or add of a series means, for purposes
of this Rule 804(e), as an option series that is added manually on
the same day the series begins trading. The Exchange notes that an
intra-day add of a series would be counted the following trading day
(next business day after the intra-day add of a series was listed)
when the options series would be available for a full trading day.
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    The Exchange also proposes to note within the new rule text the
specific quoting obligations for each type of Market Maker by adding:
``On a daily basis, a Market Maker must make markets consistent with
the applicable quoting requirements specified below.'' The Exchange
proposes to note within the new rule text the specific quoting
obligations for each type of Market Maker. The Exchange is also adding
rule text to explain the interplay between the quoting obligations for
Competitive Market Makers, Primary Market Makers, and Competitive
Market Makers that are Preferred Market Makers.\7\ Specifically, the
Exchange proposes to add, similar to Phlx Rules: \8\ ``A Member will be
required to meet each market making obligation separately. A
Competitive Market Maker who is also the Primary Market Maker will be
held to the Primary Market Maker obligations in the options series in
which the Primary Market Maker is assigned and will be held to
Competitive Market Maker obligations in all other options series where
assigned. A Competitive Market Maker who receives a Preferenced Order,
as described in Supplementary Material .03 to Rule 713, (``Preferred
CMM'') shall be held to the standard of a Preferred CMM in the options
series of any assigned options class in which it receives the
Preferenced Order.'' This is the case today, even though the current
rule text does not explicitly state that each obligation is separate.
As such, the Exchange is proposing to make clear that a member who is a
Competitive Market Maker, Primary Market Maker, or Preferred CMM will
have quoting

obligations which may need to be separately met depending on the role.
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    \7\ Supplementary Material .03 to Rule 713 allows an Electronic
Access Member to designate a ``Preferred Market Maker'' on orders it
enters into the System (``Preferenced Orders''). A Preferred Market
Maker may be the Primary Market Maker appointed to the options class
or any Competitive Market Maker appointed to the options class.
    \8\ See Phlx Rule 1081(c).
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Rule 804(e)(1)
    To align its rule structure with Phlx Rule 1081(c), the Exchange
proposes to relocate the quoting obligations of Competitive Market
Makers currently in subparagraph (2) of Rule 804(e) to subparagraph
(1), and set forth the rule text currently in subparagraphs (2)(i) and
(2)(ii) therein, with a non-substantive modification from the current
``intraday'' to ``intra-day'' for consistency throughout the Rule. As
such, proposed Rule 804(e)(1) will read: ``On any given day, a
Competitive Market Maker is not required to enter quotations in the
options classes to which it is appointed. A Competitive Market Maker
may initiate quoting in options classes to which it is appointed intra-
day.'' \9\
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    \9\ The quoting obligations of Primary Market Makers currently
in subparagraph (1) of Rule 804(e) and Supplementary Material to
Rule 804 will be set forth in new subparagraph (2) under the
Exchange's proposal, as further discussed below.
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    The Exchange also proposes to remove the following sentence in Rule
804(e)(2)(iii): ``Whenever a Competitive Market Maker enters a quote in
an options class to which it is appointed, it must maintain continuous
quotations in that class for 60% of the time the class is open for
trading on the Exchange; provided, however, that a Competitive Market
Maker shall be required to maintain continuous quotations for 90% of
the time the class is open for trading on the Exchange in any options
class in which it receives Preferenced Orders (see Supplementary
Material .03 to Rule 713 regarding Preferenced Orders).'' The Exchange
proposes to replace this language with language in Rule 804(e)(1) that
more technically defines a Competitive Market Maker's quoting
obligation.\10\ The Exchange proposes the following rule text: ``If a
Competitive Market Maker initiates quoting in an options class, the
Competitive Market Maker, associated with the same Member, is
collectively required to provide two-sided quotations in 60% of the
cumulative number of seconds, or such higher percentage as the Exchange
may announce in advance, for which that Member's assigned options class
is open for trading.'' The 60% quoting requirement and the manner in
which it is calculated as a percentage of time is not being
amended.\11\ The only change from current practice is to allow the
Exchange to announce in advance a higher percentage than the current
60% quoting requirement, which would bring the Exchange's rule in line
with Phlx Rule 1081(c)(ii)(A). The Exchange believes it may be
appropriate to apply a higher standard if doing so would be in the
interest of a fair and orderly market.\12\ Otherwise, the proposed
amendments described above are either stylistic in nature or clarifying
changes that are intended to more specifically state the current
quoting obligations as 60% of the cumulative number of seconds rather
than 60% of the time the class is open for trading on the Exchange.\13\
While the current rule more generally indicates that the Exchange
currently reviews quoting as a percentage of the time the class is open
for trading on the Exchange, the two standards are otherwise
equivalent. Furthermore, the Exchange adopted the Market Maker quoting
requirements as part of its application to be registered as a national
securities exchange under its previous name of ISE Mercury, LLC.\14\ In
approving the Market Maker quoting requirements, the Commission noted
that the Exchange's Market Maker requirements were identical to ISE's
rules.\15\ ISE in its adopting rule filing for the 60% standard stated
that it would ``calculate the percentage of time a market maker quotes
by dividing the number of minutes a Market Maker quotes in series of an
options class (numerator) by the total minutes all series of the
options class were open for trading on the Exchange (denominator).''
\16\ As such, the proposed changes for MRX will explicitly state the
same standard (expressed in seconds) within the rule text itself.
Adding ``associated with the same Member'' conforms to Phlx Rule
1081(c)(ii)(A) and also makes clear that the obligation is at the firm
level and that all associated Competitive Market Makers will be counted
in arriving at the calculation for quoting obligations.
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    \10\ The proviso setting forth the 90% quoting obligation for
Competitive Market Makers with Preferenced Orders currently in
subparagraph (2)(iii) will be replaced with more detailed language
in proposed Rule 804(e)(3), as further described below.
    \11\ As further discussed below, the Exchange will go from
minutes to seconds as a way to express how it will calculate this
percentage of time. See note 16 below, with accompanying text.
    \12\ Any such higher percentage would involve appropriate
advance announcement, which would then be available on the
Exchange's website.
    \13\ Phlx Rule 1081(c)(ii)(A) similarly sets forth the quoting
obligations as a percentage of the cumulative number of seconds.
    \14\ See Securities Exchange Act Release No. 76998 (January 29,
2016), 81 FR 6066 (February 4, 2016) (File No. 10-221). The Exchange
subsequently changed its name to Nasdaq MRX.
    \15\ Id. at 6078.
    \16\ See Securities Exchange Act Release No. 69175 (March 19,
2013), 78 FR 17988 (March 25, 2013) (SR-ISE-2013-17) (``2013 ISE
Proposal'') at 17989. See also SR-ISE-2018-90.
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    The Exchange also proposes to add in Rule 804(e)(1):
``Notwithstanding the foregoing, a Competitive Market Maker shall not
be required to make two-sided markets pursuant to this Rule 804(e)(1)
in any Quarterly Options Series, any adjusted option series, and any
option series with an expiration of nine months or greater for options
on equities and exchange-traded funds (``ETFs'') or with an expiration
of twelve months or greater for index options.'' These exceptions exist
today for MRX and are being carried over into proposed Rule 804(e)(1)
from current Supplementary Material .02 to Rule 804 with some
modifications to conform to Phlx Rule 1081(c)(ii)(A). The majority of
the changes from the current rule text are stylistic in nature to
conform to Phlx's language and to define ETFs within the rule text
itself. The Exchange also proposes to add Quarterly Options Series,
which is defined in Rule 100(a)(55), to the list of exceptions to the
quoting obligations for Competitive Market Makers. Quarterly Options
Series are excluded from a Competitive Market Maker's quoting
obligations today, and the Exchange therefore seeks to codify its
current practice within the proposed rule text. The Exchange notes that
Quarterly Options Series are similarly excluded from the market maker
quoting obligations on Phlx.\17\
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    \17\ See Phlx Rule 1081(c)(ii)(A).
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    The Exchange also proposes to add to Rule 804(e)(1): ``Competitive
Market Makers may choose to quote such series in addition to regular
series in the options class, but such quotations will not be considered
when determining whether a Competitive Market Maker has met the
obligation contained in this paragraph (e)(1).'' This language is being
relocated from current Supplementary Material .02 to Rule 804, with a
modification to update the cross-reference.
    Further, the definition of adjusted options series currently within
Supplementary Material .02 to Rule 804 will be relocated to
subparagraph (1)(ii) of Rule 804(e), and will be defined as ``Adjusted
Options Series'' throughout Rule 804(e). The Exchange also proposes to
use the defined term ``Exchange-Traded Fund Shares,'' which is defined
in Rule 502(h), instead of ``exchange-traded fund shares'' in the
proposed definition of Adjusted Options Series for consistency with the
rest of the Exchange's Rulebook.
    Finally, the Exchange proposes to relocate current subparagraph
(2)(iv) in Rule 804(e) to proposed subparagraph

(1)(ii). The Exchange is not proposing any amendments to the rule text
itself other than to replace the word ``continuous'' with ``intra-day''
for the reasons discussed above.
Rule 804(e)(2)
    As noted above, the Exchange proposes to set forth the quoting
obligations of Primary Market Makers in Rule 804(e)(2). Currently as
set forth in Rule 804(e)(1), Primary Market Makers must enter
continuous quotations in all of the series of the options classes to
which they are appointed.\18\ Pursuant to Supplementary Material .01 to
Rule 804, Primary Market Makers are deemed to have provided continuous
quotes if they provide two-sided quotes for 90% of the time that an
options class is open for trading on the Exchange. Similar to the
quoting obligations for Competitive Market Makers, the Exchange
proposes to replace this language with language in Rule 804(e)(2) that
more technically defines a Primary Market Maker's quoting obligations.
Proposed Rule 804(e)(2) will provide that Primary Market Makers,
associated with the same Member, are collectively required to provide
two-sided quotations in 90% of the cumulative number of seconds, or
such higher percentage as the Exchange may announce in advance, for
which that Member's assigned options class is open for trading.\19\
Similar to the proposed changes to the 60% quoting requirement for
Competitive Market Makers discussed above, the 90% quoting requirement
for Primary Market Makers and the manner in which it is calculated as a
percentage of time is not being amended. The only change from current
practice is to allow the Exchange to announce in advance a higher
percentage than the current 90% quoting obligation, which would bring
the Exchange's rule in line with Phlx Rule 1081(c)(ii)(B). As discussed
above for the Competitive Market Maker quoting obligations, the
Exchange believes it may be appropriate to apply a higher standard if
doing so would be in the interest of a fair and orderly market.\20\
Otherwise, the Exchange does not propose to amend the current 90%
quoting requirement; rather, the Exchange proposes to more specifically
state the current quoting obligations as 90% of the cumulative number
of seconds rather than 90% of the time the class is open for trading on
the Exchange. While the current rule in Supplementary Material .01 to
Rule 804 more generally indicates that the Exchange currently reviews
quoting as a percentage of the time the class is open for trading on
the Exchange, the two standards are otherwise equivalent.\21\
Accordingly, the proposed changes will explicitly state the same
standard (expressed in seconds) within the rule text itself. Adding
``associated with the same Member'' to the first sentence conforms to
Phlx Rule 1081(c)(ii)(B) and also makes clear that the obligation is at
the firm level and that all associated Primary Market Makers will be
counted in arriving at the calculation for quoting obligations.
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    \18\ This means that the Primary Market Maker quoting
requirement includes all series of an appointed options class,
including the options series that are currently excluded from the
quoting requirements of Competitive Market Makers and Preferred CMMs
(i.e., Quarterly Options Series, Adjusted Options Series, and long-
term options). As discussed below, the Exchange will explicitly
state that a Primary Market Maker's quoting obligations will include
these specified options series.
    \19\ Phlx Rule 1081(c)(ii)(B) similarly sets forth the quoting
obligations as a percentage of the cumulative number of seconds.
    \20\ See note 12 above.
    \21\ See 2013 ISE Proposal, footnote 16 (providing that to
calculate whether a Primary Market Maker has maintained quotations
for at least 90% of the time, the Exchange will divide the total
number of minutes a Primary Market Maker maintained quotations in
options series of a class (numerator) by the total minutes all
series of the options class were open for trading on the Exchange
(denominator)). As discussed above, MRX's quoting requirements are
identical to ISE's requirements.
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    The Exchange also proposes to more specifically state within Rule
804(e)(2) that Primary Market Makers shall be required to make two-
sided markets pursuant to Rule 804(e)(2) in any Quarterly Options
Series, any Adjusted Options Series, and any options series with an
expiration of nine months or greater for options on equities and ETFs
or with an expiration of twelve months or greater for index options.
The proposed changes do not amend the current quoting obligations of
Primary Market Makers with respect to these options series. As
discussed above, Supplementary Material .02 to Rule 804 currently
excludes adjusted options series and long-term options series from the
quoting obligations of Competitive Market Makers and Preferred CMMs. As
noted above, while the current rule in paragraph (e)(1) implicitly
provides that these exceptions do not apply to Primary Market Makers
and that their quoting obligations include such series, the Exchange
proposes to explicitly state that Primary Market Makers are required to
make two-sided markets in the specified options series. Furthermore,
Primary Market Makers are required to make two-sided markets in
Quarterly Options Series today. Accordingly, the Exchange seeks to add
Quarterly Options Series to the Rule 804(e)(2) to codify its current
practice. The Exchange notes that Phlx Specialists are similarly
required to make two-sided markets in Quarterly Options Series.\22\
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    \22\ See Phlx Rule 1081(c)(ii)(B).
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Rule 804(e)(3)
    Currently as set forth in Rule 804(e)(2)(iii), a Competitive Market
Maker is required to maintain continuous quotations for 90% of the time
the class is open for trading on the Exchange in any options class in
which it receives the Preferenced Order pursuant to Supplementary
Material .03 to Rule 713. The Exchange now proposes to replace this
language with language that more technically defines the quoting
obligations of the Competitive Market Maker that receives the
Preferenced Order (i.e., Preferred CMM) in new Rule 804(e)(3). The
Exchange proposes to add in Rule 804(e)(3) that Preferred CMMs,
associated with the same Member, are collectively required to provide
two-sided quotations in 90% of the cumulative number of seconds, or
such higher percentage as the Exchange may announce in advance, for
which that Member's assigned options class is open for trading. A
Member shall be considered preferenced in an assigned options class
once the Member receives a Preferenced Order in any option class in
which they are assigned and shall be considered a preferenced for that
day in all series for that option class in which it received the
Preferenced Order. Notwithstanding the foregoing, a Preferred CMM shall
not be required to make two-sided markets pursuant to Rule 804(e)(3) in
any Quarterly Options Series, any Adjusted Options Series, and any
options series with an expiration of nine months or greater for options
on equities and ETFs or with an expiration of twelve months or greater
for index options.
    The Exchange notes that similar to the proposed language for the
Competitive Market Maker and Primary Market Maker quoting obligations
discussed above, the only change from current practice is to allow the
Exchange to announce in advance a higher percentage than the current
90% quoting obligation, which would bring the Exchange's rule in line
with Phlx Rule 1081(c)(ii)(C). As discussed above for the Competitive
Market Maker and Primary Market Maker quoting obligations, the Exchange
believes it may be appropriate to apply a higher standard if doing so
would be in the interest of a fair and orderly market.\23\ Otherwise,
the 90% quoting

requirement for Preferred CMMs and the manner in which it is calculated
as a percentage of time is not being amended; rather, the Exchange
proposes to more specifically express the current quoting obligations
as 90% of the cumulative number of seconds rather than 90% of the time
the class is open for trading on the Exchange.\24\ As noted above for
Competitive Market Makers and Primary Market Makers, the two standards
are equivalent even though the current rule more generally expresses
that the Exchange reviews quoting as a percentage of time. As such, the
proposed changes will explicitly state the same standard (expressed in
seconds) within the rule text itself.
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    \23\ See note 12 above.
    \24\ Phlx Rule 1081(c)(ii)(C) similarly sets forth the quoting
obligations as a percentage of the cumulative number of seconds.
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    Adding ``associated with the same Member'' conforms to Phlx Rule
1081(c)(ii)(C) and also makes clear that the obligation is at the firm
level and that all associated Preferred CMMs will be counted in
arriving at the calculation for quoting obligations. Furthermore, the
proposed language is being added to clarify when a Preferred CMM is
considered to be preferenced in an assigned options class, and does not
amend the Exchange's current practice. The Exchange, similar to today,
will exclude any Quarterly Options Series, any Adjusted Options Series,
and any options series with an expiration of nine months or greater for
options on equities and ETFs or with an expiration of twelve months or
greater for index options from the quoting obligations of Preferred
CMMs.\25\ As discussed above, Supplementary Material .02 to Rule 804
currently provides an exception from the quoting obligations in
adjusted options series and any long-term options series for Preferred
CMMs. As such, proposed Rule 804(e)(3) makes clear that such Members
are not required to make two-sided markets in these options series. In
addition, Preferred CMMs are not required to make two-sided markets in
Quarterly Options Series today.
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    \25\ This exception is currently set forth in Supplementary
Material .02 to Rule 804.
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    Accordingly, the Exchange seeks to add Quarterly Options Series to
the list of exceptions in proposed Rule 804(e)(3) to codify its current
practice.\26\
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    \26\ Directed SQTs and Directed RSQTs on Phlx are similarly
excluded from making two-sided markets in Quarterly Options Series.
See Phlx Rule 1081(c)(ii)(C).
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    The Exchange will add in proposed Rule 804(e)(3) similar language
for Preferred CMMs as proposed for Competitive Market Makers in Rule
804(e)(1) that Preferred CMMs may choose to quote such series in
addition to regular series in the options class, but such quotations
will not be considered when determining whether a Preferred CMM has met
the obligation contained in this paragraph (e)(3). This language is
currently in Supplementary Material .02 to Rule 804, and applies to the
quoting obligations for both Competitive Market Makers and Preferred
CMMs. Finally, the Exchange proposes to relocate language from
Supplementary Material .02 to Rule 804 into new paragraph (e)(3), with
some modifications to update a cross-reference and remove redundant
language, as follows: ``A Preferred CMM may be preferenced in such
series and receive enhanced allocations pursuant to Nasdaq MRX Rule
713, Supplementary Material .03, only if it complies with the
heightened 90% quoting requirement contained in this paragraph
(e)(3).''
Rule 804(e)(4)
    The Exchange proposes to add new rule text at Rule 804(e)(4) to
provide the method by which the Exchange will calculate the Market
Maker quoting obligations contained in proposed subparagraphs (1)-(3)
of Rule 804(e). The Exchange proposes to state that the Exchange will
(i) take the total number of seconds the Member disseminates quotes in
each assigned options series, excluding, for Competitive Market Makers
and Preferred CMMs, Quarterly Option Series, any Adjusted Option
Series, and any option series with an expiration of nine months or
greater for options on equities and ETFs or with an expiration of
twelve months or greater for index options; and (ii) divide that time
by the eligible total number of seconds each assigned option series in
the options class is open for trading that day. Similar to Phlx Rule
1081(c)(ii)(D), the Exchange believes that the addition of this
language will bring greater transparency to the manner in which the
Exchange calculates the quoting obligation. The Exchange is not
amending the manner in which the quoting obligation is calculated;
rather the Exchange is simply adding to the current rule the exact
manner in which the Exchange determines the quoting percentage. The
Exchange also proposes to add the following in Rule 804(e)(4):
``Quoting is not required in every assigned options series.'' This
sentence is not currently in the rule. The added language is not
amending the Exchange's current practice; rather the Exchange is
clearly stating that quoting is not required in every assigned options
series to make clear the current obligation (i.e., the Market Maker is
not required to quote every single assigned options series in order to
meet its quoting obligations). Also, the Exchange proposes to state:
``Compliance with this requirement is determined by reviewing the
aggregate of quoting in assigned options series for the Member.'' This
language is similar to language presently in Supplementary Material .01
to Rule 804 \27\ and clarifies that the quoting obligations apply to
all of the Market Maker's assigned options series collectively, which
is how the Exchange applies the quoting obligation today. As such, the
proposed language simply conforms the text to Phlx Rule 1081(c)(ii)(D).
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    \27\ The current language provides: ``Compliance with this
Primary Market Marker quoting requirement and the Competitive Market
Maker quoting requirements contained in (e)(2)(iii) above will be
applied to all option classes quoted collectively on a daily
basis.''
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Rule 804(e)(5)
    The Exchange proposes to adopt a new Rule 804(e)(5) to provide that
MRX Regulation may consider exceptions to the above-referenced
requirement to quote based on demonstrated legal or regulatory
requirements or other mitigating circumstances. This language is
similar to language presently in Supplementary Material .01 to Rule
804,\28\ but specifies that MRX Regulation (i.e., the Exchange's
regulatory department) may consider exceptions to the quoting
obligation, which is the case today, and aligns the rule text to Phlx
Rule 1081(c)(iii). The Exchange further proposes to add the following
rule text to new Rule 804(e)(5): ``For purposes of the Exchange's
surveillance of Member compliance with this rule, the Exchange will
determine compliance on a monthly basis. The Exchange's monthly
compliance evaluation of the quoting requirement does not relieve a
Member of the obligation to provide two-sided quotes on a daily basis,
nor will it prohibit the Exchange from taking disciplinary action
against a Member for failing to meet the quoting obligation each
trading day.'' The proposed rule text is similar to language currently
in Supplementary Material .01 to Rule 804,\29\ and is merely rephrased
to

conform to Phlx Rule 1081(c)(iii). As such, the Exchange is not
amending the manner in which the surveillance functions today, and the
proposed amendments to Rule 804(e)(5) are not substantive in nature.
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    \28\ The current language provides: ``The Exchange may consider
other exceptions to this continuous electronic quote obligation
based on demonstrated legal or regulatory requirements or other
mitigating circumstances.''
    \29\ The current language provides: ``Overall compliance with
market maker quoting obligations will be determined on a monthly
basis. However, the ability of the Exchange to determine compliance
on a monthly basis does not: (1) relieve market makers from their
obligation to meet daily quoting requirements in Rule 804; and (2)
prohibit the Exchange from bringing disciplinary action against a
market maker for failure to meet its daily quoting requirements set
forth in Rule 804.''
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Rule 804(e)(6)
    The Exchange proposes to adopt a new Rule 804(e)(6) that provides:
``If a technical failure or limitation of a System of the Exchange
prevents a Member from maintaining, or prevents a market maker from
communicating to the Exchange, timely and accurate quotes, the Member
shall promptly notify the Exchange and the duration of such failure or
limitation shall not be included in any of the calculations under this
subparagraph (e) with respect to the affected quotes.'' This language
is being relocated from Supplementary Material .01 to Rule 804, and
modified to specifically refer to the calculations in proposed
subparagraph (e), capitalize ``System,'' which is a defined term, and
rephrased to conform to Phlx Rule 1081(c)(iv).
Clean-Up Changes
    The Exchange proposes to delete Supplementary Materials .01 and .02
to Rule 804, and all related cross-references throughout the Rulebook.
As explained above, this rule text is being relocated within the
proposed rule text with some modifications. Finally, the Exchange
proposes to update all cross-references to Rule 804(e) in its Rules to
reflect the proposed renumbering and expansion of rules described
above.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\30\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\31\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. The Exchange believes that its proposed rule change provides
further detail as to the quoting obligations of Market Makers. As
discussed above, other than one modification to allow the Exchange to
announce in advance a higher percentage of quoting compliance
standards, the Exchange is not amending current practice or its current
quoting obligations. The Exchange believes that it is consistent with
the Act to have the ability to announce a higher percentage in the
interest of maintaining a fair and orderly market. As noted above, the
Exchange would provide appropriate advance announcement for any such
higher percentage, which would then be available on the Exchange's
website. Otherwise, the Exchange notes that to the extent that there
are rule text changes from the current language, these differences are
all to harmonize its rules with Phlx Rule 1081(c) to promote
consistency among similar rules of the Exchange and its affiliates, or
to codify its current practice within the proposed rule text to bring
transparency to the Exchange's rulebook.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b).
    \31\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that replacing ``continuous''
with ``intra-day'' throughout the rulebook is consistent with the Act
because it more accurately reflects the manner in which Market Makers
quote on MRX. Also in the introductory sentence to Rule 804(e), the
Exchange is codifying its current practice of excluding intra-day
additions of assigned options series from a Market Maker's quoting
obligations to make clear that Market Makers would not be responsible
for such series on the day it was added. As noted above, for purposes
of calculating the quoting obligations, the Exchange counts an intra-
day add of a series the following trading day when the options series
would be available for a full trading day. The Exchange believes that
codifying this current exception within the rule text is consistent
with the Act as it will bring transparency to the Exchange's rulebook.
The Exchange does not count intra-day adds of options series that were
not available for the entire day of trading because the Market Maker
would not have the opportunity to trade that particular options series
for the entire trading day, and therefore could not have anticipated
the impact such intra-day additions would have on the calculation of
its quoting obligations. The Exchange also believes that codifying its
current practice of excluding Quarterly Options Series from the quoting
requirements of Competitive Market Makers and Preferred CMMs will bring
clarity to the Exchange's rulebook that quotes in such series will not
be considered in determining whether a Competitive Market Maker or
Preferred CMM complied with their respective quoting obligations.
Similar to the Adjusted Options Series and long-term options series
that are currently explicitly listed as exceptions in the rule text, it
is the Exchange's understanding that quoting obligations on these often
less frequently traded options series impact the risk parameters
acceptable to the Market Makers, and therefore the quoting obligation
exceptions (including Quarterly Options Series) are to incentivize
Market Makers to continue to seek assignments in these options series
and thereby promote liquidity in options classes listed on the Exchange
to the benefit of investors and the public interest.
    The Exchange is also proposing to explicitly state that a member
will be required to meet each market making obligation separately in
order to make clear that a Competitive Market Maker, Primary Market
Maker, or Preferred CMM will have quoting obligations which may need to
be met separately, depending on the role. In addition, the Exchange is
expressing each of the current quoting obligations as a percentage of
the cumulative number of seconds rather than as a percentage of the
time the class is open for trading on the Exchange in order to add more
transparency as to the standards by which a Market Maker's quoting
obligations are measured. In the same vein, the proposed rule text in
Rule 804(e)(4) to describe the exact manner in which the Exchange
calculates the quoting obligations by specifying the numerator and
denominator calculations, as well as clarifying that quoting is not
required in every assigned options series, adds transparency to the
Exchange's rulebook, and allows members to better monitor whether they
are in compliance with their quoting requirements.
    Adding ``associated with the same Member'' throughout the proposed
rule text conforms to Phlx Rule 1081(c)(ii) and adds clarity that the
quoting obligations are at the firm level, and that all associated
Market Makers will be counted in arriving at the applicable calculation
for quoting obligations. Specifically stating that Primary Market
Makers are required to make two-sided markets in any Quarterly Options
Series, any Adjusted Options Series, and any long-term options series
codifies what was implicit in the current rule text which required
Primary Market Makers to enter continuous quotations in all of the
series listed on the Exchange in their assigned options classes, as
further described above. Finally, adding that the Member is considered
preferenced for that day in all series for that assigned options class
in which it received the Preferenced Order is similarly codifying the
Exchange's current practice and will bring more transparency to the
Rulebook.

    Overall, the Exchange believes that its proposal is consistent with
the Act because the proposed rule text protects investors and the
public interest by providing clear language that will be utilized on
all Nasdaq, Inc.-affiliated options markets for easy comparison by
common members that are engaged in market making activities on both the
Exchange and its affiliates. As discussed above, the proposed changes
will restructure MRX's current rules on Market Maker quoting
obligations to conform to rule text used on its affiliate, Phlx. The
Exchange further believes that the proposed rule changes would remove
impediments to and perfect the mechanism of a free and open market by
ensuring that members, regulators and the public can more easily
navigate and understand the Exchange's rulebook, thereby avoiding
potential confusion.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in further of the purposes of the Act. The proposal does not impose a
burden on competition because the Exchange will continue to uniformly
calculate and apply the quoting obligations for all Market Makers.
Other than to allow the Exchange to announce in advance a higher
percentage of quoting compliance standards, the Exchange's proposal
does not modify the current practice or the current quoting obligations
on MRX, as further discussed above.

C. Self-Regulatory Organization's Statement on Comments on 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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \32\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\33\
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \33\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MRX-2018-34 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-MRX-2018-34. 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-MRX-2018-34 and should be submitted on
or before December 11, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25234 Filed 11-19-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Notices]
[Page 50332]
[FR Doc No: 2022-17589]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3253-015]

Mad River Power Associates; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the relicense application for the Campton Hydroelectric
Project No. 3253 (project), located on the Mad River in Grafton County,
New Hampshire, and has prepared an Environmental Assessment (EA) for
the project. The project occupies approximately 0.08 acre of federal
land administered by the U.S. Forest Service.
    The EA contains staff's analysis of the potential environmental
effects of the project and concludes that licensing the project, with
appropriate environmental protection measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (http://www.ferc.gov) using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document. For assistance, contact FERC Online
Support at [email protected], toll-free at<PHONE_NUMBER>, or
for TTY,<PHONE_NUMBER>.
    You may register online at https://ferconline.ferc.gov/eSubscription.aspx to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Any comments should be filed within 45 days from the date of this
notice. The Commission strongly encourages electronic filing. Please
file comments using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support. In lieu of
electronic filings, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include docket number P-3253-015.
    For further information, contact Robert Haltner at<PHONE_NUMBER>,
or by email at [email protected].

    Dated: August 10, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-17589 Filed 8-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53536-53537]
[FR Doc No: 2016-19240]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2015-82]

Petition for Exemption; Summary of Petition Received; USA Jet
Airlines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 1, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-6560
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200

New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Nia Daniels,<PHONE_NUMBER>), 800 Independence
Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 8, 2016.
Dale Bouffiou,
Deputy Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2015-6560.
    Petitioner: USA Jet Airlines.
    Section of 14 CFR Affected: 121.436(a)(3).
    Description of Relief Sought: USA Jet Airlines seeks relief to
allow the flight time gained as a Dassault Falcon 20 (DA-20) pilot in
command (PIC) operating under Sec.  135.4(a)(1)(2)(i)(ii) and trained
and checked under part 121 to count toward the 1,000 hours of flight
experience required by Sec.  121.436(a)(3) to serve as PIC in part 121
air carrier operations. This relief would be based upon a proposed
alternate means of compliance to allow credit for the certification
requirements of Operations Specification A057 and the part 121 training
and checking for pilots requiring an airline transport pilot and
appropriate type rating flying in USA Jet Airlines' part 135 eligible
on-demand cargo operation.

[FR Doc. 2016-19240 Filed 8-11-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Pages 44943-44944]
[FR Doc No: 2013-17814]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-516-000]

EcoEl[eacute]ctrica, L.P.; Notice of Application

    Take notice that on July 3, 2013, EcoEl[eacute]ctrica, L.P.
(EcoEl[eacute]ctrica), Road 337, Km. 3.7, Bo. Tallaboa Poniente,
Pe[ntilde]uelas, PR 00624, filed an application in Docket No. CP13-516-
000 under section 3 of the Natural Gas Act (NGA), and Part 153 and 380
of the Commission's regulations for an amendment to the authorization
granted by the Commission on May 15, 1996 in Docket No. CP95-35-000, as
amended on April 16, 2009 in Docket No. CP95-35-001.
EcoEl[eacute]ctrica requests authorization to site, construct, and
operate the LNG Supply Pipeline Project (Project) at its existing
liquefied natural gas (LNG) terminal and cogeneration facility site in
Pe[ntilde]uelas, Puerto Rico in order to enable EcoEl[eacute]ctrica to
supply LNG to a proposed non-jurisdictional LNG truck loading facility
(LNG Truck Loading Facility) that is being developed and permitted by
Gas Natural Puerto Rico, Inc. (GNPR), all as more fully set forth in
the application which is on file with the Commission and open to public
inspection. This filing is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for
TTY, contact<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Jaime L. Sanabria, EcoEl[eacute]ctrica, L.P., Road 337, Km. 3.7, Bo.
Tallaboa Poniente, Pe[ntilde]uelas, PR 00624,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>    EcoEl[eacute]ctrica proposes to construct and operate the LNG
Supply Pipeline Project, which is consists of: (1) Approximately 0.4
mile 4-inch diameter LNG transfer pipeline; (2) approximately 0.4 mile
6-inch diameter boil off gas return pipeline; (3) approximately 0.4
mile 1.5-inch diameter LNG recirculation pipeline; and (4) associated
equipment. The project is being developed to supply LNG to GNPR
proposed non-jurisdictional LNG Truck Loading Facilitiy, which will be
utilized to distribute LNG by truck to various industrial end-users in
Puerto Rico.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and

by all other parties. A party must submit 5 copies of filings made with
the Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: August 8, 2013.

    Dated: July 18, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-17814 Filed 7-24-13; 8:45 am]
BILLING CODE 6717-01-P


emptied can per 40 CFR 262.11. Any hazardous waste generated as a
result of puncturing and draining the aerosol can is subject to all
applicable requirements of 40 CFR parts 260 through 272. The handler is
considered the generator of the hazardous waste and is subject to 40
CFR part 262.
    (vi) If the contents are determined to be nonhazardous, the handler
may manage the waste in any way that is in compliance with applicable
Federal, state, or local solid waste regulations.

    (vii) A written procedure must be in place in the event of a spill
or release and a spill clean-up kit must be provided. All spills or
leaks of the contents of the aerosol cans must be cleaned up promptly.

0
22. Section 273.34 is amended by adding paragraph (f) to read as
follows:

Sec.  273.34  Labeling/marking.

* * * * *
    (f) Universal waste aerosol cans (i.e., each aerosol can), or a
container in which the aerosol cans are contained, must be labeled or
marked clearly with any of the following phrases: ``Universal Waste--
Aerosol Can(s)'', ``Waste Aerosol Can(s)'', or ``Used Aerosol Can(s)''.

[FR Doc. 2019-25674 Filed 12-6-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Page 7552]
[FR Doc No: 2011-2946]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14067-000]

Charles River Energy LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions to
Intervene, and Competing Applications

    On January 26, 2011, Charles River Energy LLC filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Moody Street Dam
Hydroelectric Project (Moody Street Dam Project or project) to be
located on the Charles River, in the City of Waltham, in Middlesex
County, Massachusetts. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed run-of-the river, low-hydraulic-head (approximately 10
to 12 feet) project would consist of the following: (1) The existing
169-foot-long earthen, gravity Moody Street Dam, owned and operated by
the Commonwealth of Massachusetts; (2) an existing reservoir having a
total storage capacity of 2,950 acre-feet; (3) a new 66-inch-diameter,
siphon-fed penstock constructed over the dam and housing a 6-blade
Gorlov Helical Turbine (GHT) turbine-generator unit with a nameplate
capacity of 45 kilowatts (kW); (4) a new 25 kW floating turbine-
generator unit situated at the end of a floating chute in the river
approximately 500 feet downstream of the dam; (5) switchgear, controls,
and ancillary systems housed on shore adjacent to the dam; and (6) a
short transmission line connected to the NStar regional grid adjacent
to the proposed project site. The estimated annual generation of the
Moody Street Dam Project would be 615 megawatt-hours.
    Applicant Contact: Mr. James Berk, Managing Member, Charles River
Energy LLC, 27 Skinner's Path, Marblehead, Massachusetts 01945; phone:
(781) 760-1600.
    FERC Contact: John Ramer; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14067-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: February 3, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-2946 Filed 2-9-11; 8:45 am]
BILLING CODE 6717-01-P