[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42455-42459]
[FR Doc No: 2020-15111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89255; File No. SR-NYSEArca-2020-64]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE
Arca Options Fee Schedule

July 8, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 1, 2020, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 modify the NYSE Arca Options Fee Schedule
(``Fee Schedule'') to amend a threshold to qualify for an existing
discount for removing liquidity and to add an alternative basis to
qualify for such discount. The Exchange proposes to implement the fee
change effective July 1, 2020. The proposed rule change is available on
the Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    The purpose of this filing is to amend the Fee Schedule to modify a
threshold to qualify for an existing discount for removing liquidity
and to add an alternative basis for OTP Holders and OTP Firms
(collectively, ``OTP Holders'') to qualify for such discount. The
Exchange is not modifying the amount of the discount.
    Specifically, the Exchange proposes to modify the qualification
thresholds required to receive the ``Take Fee Discount Qualification
for Non-Penny Issues'' to expand and increase the current qualification
basis and to add an alternative qualification basis.
    The Exchange proposes to implement the fee changes on July 1, 2020.
Background
    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \4\
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    \4\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
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    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\5\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity & ETF options
order flow. More specifically, in January 2020, the Exchange had less
than 10% market share of executed volume of multiply-listed equity &
ETF options trades.\6\
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    \5\ The OCC publishes options and futures volume in a variety of
formats, including daily and monthly volume by exchange, available
here: https://www.theocc.com/market-data/volume/default.jsp.
    \6\ Based on OCC data, see id., in 2019, the Exchange's market
share in equity-based options was 9.57% for the month of January
2019 and 9.59% for the month of January 2020.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month

demonstrates that market participants can shift order flow or
discontinue or reduce use of certain categories of products. To respond
to this competitive marketplace, the Exchange has established
incentives, including discounts, designed to encourage OTP Holders to
direct additional order flow to the Exchange to achieve more favorable
pricing and higher credits. The Exchange incentives also encourage
order flow from all account types, which allows OTP Holders to
aggregate their options volume with affiliated or appointed Market
Makers (collectively referred to as affiliates herein), making NYSE
Arca a more attractive trading venue.\7\
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    \7\ See Fee Schedule, Endnote 15 (providing that an ``Appointed
MM'' is an NYSE Arca Market Maker designated as such by an Order
Flow Provider (``OFP'') (as defined in NYSE Arca Rule 6.1A-O(a)(21))
and ``Appointed OFP'' is an OFP been designated as such by an NYSE
Arca Market Maker).
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    The Exchange proposes to modify an incentive program designed to
attract order flow to the Exchange.
Proposed Rule Change
    If an OTP Holder executes a transaction that removes or ``takes''
liquidity on the Exchange, the OTP Holder is charged a Take Fee and
such liquidity may be referred to as ``Liquidity Removing'' or
liquidity taking.\8\ To offset such costs and to encourage market
participants to direct order flow to the Exchange, the Exchange offers,
among other incentives, a ``Take Fee Discount Qualification for Non-
Penny Issues'' (the ``Take Fee Discount''). The Exchange is not
modifying the amount of the Take Fee Discount.
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    \8\ See Fee Schedule, NYSE Arca OPTIONS: TRADE-RELATED CHARGES
FOR STANDARD OPTIONS, TRANSACTION FEE FOR ELECTRONIC EXECUTIONS--PER
CONTRACT (setting forth a per contract take fee of $1.10 for such
Non-Penny executions in Professional Customer, Firm, Broker Dealer,
and Market Maker range as compared to a per contract take fee of
$0.85 for such Non-Penny executions in the Customer range).
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    Currently, an OTP Holder may earn the ($0.02) per contract Take Fee
Discount on executions in non-Penny issues if the OTP Holder executes
at least 0.65% of Total Industry Customer equity and ETF option average
daily volume (``TCADV'') \9\ from Professional Customer and Non-
Customer Liquidity Removing interest in all issues (the ``existing Take
Fee threshold'').\10\ The Exchange proposes to modify the existing Take
Fee threshold such that, to qualify for the Take Fee Discount, an OTP
Holder would also have to execute ``at least 0.15% of TCADV from posted
interest in all issues and all account types.'' \11\ In addition to
maintaining the same level of Liquidity Removing volume, the Exchange
believes this change would incent OTP Holders to increase the variety
of account types and volume of posted interest executed on the
Exchange, which activity may result in tighter spreads making the
Exchange a more attractive trading venue to the benefit of all
participants.
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    \9\ See Fee Schedule, Endnote 8 (providing that TCADV ``includes
OCC calculated Customer volume of all types, including Complex Order
Transactions and QCC transactions, in equity and ETF options'').
    \10\ See Fee Schedule, Take Fee Discount. For fee/credit
purposes, ``Professional Customer'' executions are treated as
``Customer'' executions unless such executions are specifically
delineated and ``Non-Customers'' executions include those of Firms,
Broker Dealers, and Market Makers. See Fee Schedule, NYSE Arca
OPTIONS: TRADE-RELATED CHARGES FOR STANDARD OPTIONS (preamble).
    \11\ See proposed Fee Schedule, Take Fee Discount (requiring
``[a[t least 0.65% of TCADV from Professional Customer and Non-
Customer Liquidity Removing interest in all issues, plus at least
0.15% of TCADV from posted interest in all issues and all account
types'').
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    The Exchange also proposes to offer a new, alternative basis, to
qualify for the Take Fee Discount. Specifically, as proposed, an OTP
Holder may earn the ($0.02) per contract Take Fee Discount on
executions in non-Penny issues if the OTP Holder executes ``[a]t least
1.50% of TCADV from Professional Customer and Non-Customer Liquidity
Removing interest in all issues.'' \12\ This new alternative basis
essentially increases the minimum volume required under the existing
Take Fee threshold from 0.65% to 1.50%, which should encourage OTP
Holders to direct more volume to the Exchange. The Exchange believes
the alternative basis would incent OTP Holders to increase trading
activity in all issues and a variety of account types on the Exchange,
which increased liquidity benefits all market participants because of
increased trading opportunities and price discovery.
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    \12\ See id.
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    As is the case with other incentives, OTP Holders may aggregate
their volume with affiliated OTP Holders to achieve the Take Fee
Discount, as modified herein.\13\ As such, the Exchange believes the
proposed modification to the existing Take Fee threshold and additional
qualification basis for the Take Fee Discount would provide additional
incentives for OTP Holders (and their affiliates) to execute large
volumes of orders on the Exchange to qualify for the Discount on
executions in non-Penny issues. The Exchange's fees are constrained by
intermarket competition, as OTP Holders (and their affiliates) may
direct their order flow to any of the 16 options exchanges, including
those with similar pricing incentives.
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    \13\ See Fee Schedule, Endnotes 8 (providing that the
alternative volume threshold, like the existing Take Fee Discount
threshold, will include the activity of affiliates) and 15 (defining
affiliates referenced in Endnote 8).
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    The Exchange cannot predict with certainty whether any OTP Holder
would benefit from the proposed change to the existing Take Fee
threshold or the additional qualification basis. At present, whether or
when an OTP Holder qualifies for the discount in a given month is
dependent on market activity and the OTP Holder's mix of order flow.
Thus, the Exchange cannot predict with any certainty the number of OTP
Holders that may qualify for the discount based on the proposed
modifications.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\14\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\15\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \16\
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    \16\ See Reg NMS Adopting Release, supra note 4, at 37499.
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    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\17\

Therefore, currently no exchange possesses significant pricing power in
the execution of multiply-listed equity & ETF options order flow. More
specifically, in January 2020, the Exchange had less than 10% market
share of executed volume of multiply-listed equity & ETF options
trades.\18\
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    \17\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \18\ Based on OCC data, see id., in 2019, the Exchange's market
share in equity-based options was 9.57% for the month of January
2019 and 9.59% for the month of January 2020.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees can have a direct effect on the ability of
an exchange to compete for order flow.
    Regarding the change to the existing Take Fee threshold, the
Exchange believes this change would incent OTP Holders to increase the
variety of account types and volume of posted interest executed on the
Exchange (while maintaining the same level of Liquidity Removing
volume), which activity may result in tighter spreads and more trading
making the Exchange a more attractive trading venue to the benefit of
all participants.
    The Exchange believes the proposed alternative basis would incent
OTP Holders to increase trading activity in all issues and a variety of
account types on the Exchange, which increased liquidity benefits all
market participants because of increased trading opportunities and
price discovery.
    The Exchange believes the proposed modification to the existing
Take Fee threshold and additional qualification basis for the Take Fee
Discount would provide additional incentives for OTP Holders (and their
affiliates) to execute large volumes of orders on the Exchange to
qualify for the Discount on executions in non-Penny issues. To the
extent that OTP Holder activity in all issues is increased by the
proposal, market participants will increasingly compete for the
opportunity to trade on the Exchange, and thus would promote just and
equitable principles of trade, 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.
    To the extent that the proposed rule change attracts more interest
in all issues, this increased order flow would continue to make the
Exchange a more competitive venue for order execution, which, in turn,
promotes just and equitable principles of trade and removes impediments
to and perfects the mechanism of a free and open market and a national
market system. In the backdrop of the competitive environment in which
the Exchange operates, the proposed rule change is a reasonable attempt
by the Exchange to increase the depth of its market and improve its
market share relative to its competitors.
    The Exchange cannot predict with certainty whether any OTP Holder
would benefit from the proposed change to existing the Take Fee
threshold or the additional qualification basis. At present, whether or
when an OTP Holder qualifies for the discount in a given month is
dependent on market activity and the OTP Holder's mix of order flow.
Thus, the Exchange cannot predict with any certainty the number of OTP
Holders that may qualify for the discount based on the proposed
modifications.
The Proposed Rule Change Is an Equitable Allocation of Credits and Fees
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposal is based on the amount
and type of business transacted on the Exchange and OTP Holders (and
their affiliates) can opt to avail themselves of the incentives or not.
The Take Fee Discount, as modified, continues to apply to all
participants other than Customers, who pay a much lower take fee.\19\
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    \19\ See supra note 8 (setting forth take fee charged to Non-
Customer versus Customer).
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    To the extent that the proposed change continues to attract more
trading activity, the increased order flow would continue to make the
Exchange a more competitive venue for order execution. Thus, the
Exchange believes the proposed rule change would improve market quality
for all market participants on the Exchange and, as a consequence,
attract more order flow to the Exchange thereby improving market-wide
quality and price discovery.
The Proposed Rule Change Is not Unfairly Discriminatory
    The Exchange believes it is not unfairly discriminatory to
introduce the alternative methods of qualifying for a discount because
the proposed modifications would be available to all similarly situated
market participants on an equal and non-discriminatory basis. The Take
Fee Discount, as modified, continues to apply to all participants other
than Customers, who pay a much lower take fee.\20\ In addition, the
proposal is based on the amount and type of business transacted on the
Exchange and OTP Holders are not obligated to try to achieve either of
the qualifications for the discount. The Exchange believes the proposed
incentive is reasonable, equitable and not unfairly discriminatory
because encouraging OTP Holders to direct more volume to the Exchange
would also contribute to the Exchange's depth of book as well as to the
top of book liquidity.
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    \20\ See id.
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    To the extent that the proposed change attracts more OTP Holder
trading activity, this increased order flow would continue to make the
Exchange a more competitive venue for order execution, which, in turn,
promotes just and equitable principles of trade and removes impediments
to and perfects the mechanism of a free and open market and a national
market system.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \21\
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    \21\ See Reg NMS Adopting Release, supra note 4, at 37499.
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    Intramarket Competition. The proposal is designed to attract
additional order flow to the Exchange by offering a discount based on
increased volumes on the Exchange (from a variety of issues and account
types), which would enhance the quality of quoting and may increase the

volumes of contracts traded on the Exchange. In particular, the change
to the existing Take Fee threshold is designed to incent OTP Holders to
increase the variety of account types and volume of posted interest
executed on the Exchange (while maintaining the same level of Liquidity
Removing volume), which activity may result in tighter spreads and more
trading making the Exchange a more attractive trading venue to the
benefit of all participants. The proposed alternative basis to qualify
for the Discount is designed to incent OTP Holders to increase trading
activity in all issues and a variety of account types on the Exchange,
which increased liquidity benefits all market participants because of
increased trading opportunities and price discovery.
    Furthermore, the Exchange believes that incenting additional
activity by OTP Holders (and their affiliates) benefits all
participants as it contributes to the Exchange's depth of book as well
as to the top of book liquidity. To the extent that the proposal
attracts more liquidity, this increased order flow would continue to
make the Exchange a more competitive venue for order execution and all
of the Exchange's market participants should benefit from the improved
market quality. Enhanced market quality and increased transaction
volume that results from the anticipated increase in order flow
directed to the Exchange would benefit all market participants and
improve competition on the Exchange.
    The proposal would be available to all similarly-situated market
participants, and, as such, the proposed change would not impose a
disparate burden on competition among market participants on the
Exchange. The Exchange also believes the proposed incentive is not
unfairly discriminatory to Customers, because such market participants
are not subject to the same fee structure that applies to Professional
Customers and Non-Customers.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\22\ Therefore, currently
no exchange possesses significant pricing power in the execution of
multiply-listed equity & ETF options order flow. More specifically, in
January 2020, the Exchange had less than 10% market share of executed
volume of multiply-listed equity & ETF options trades.\23\
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    \22\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \23\ Based on OCC data, see id., in 2019, the Exchange's market
share in equity-based options was 9.57% for the month of January
2019 and 9.59% for the month of January 2020.
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    The Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees in a
manner designed to encourage OTP Holders (and their affiliates) to
direct trading interest to the Exchange. In particular, the change to
the existing Take Fee threshold is designed to incent OTP Holders to
increase the variety of account types and volume of posted interest
executed on the Exchange (while maintaining the same level of Liquidity
Removing volume), which activity may result in tighter spreads and more
trading making the Exchange a more attractive trading venue to the
benefit of all participants. The proposed alternative basis to qualify
for the Discount is designed to incent OTP Holders to increase trading
activity in all issues and a variety of account types on the Exchange,
which increased liquidity benefits all market participants because of
increased trading opportunities and price discovery. To the extent that
the proposal increases trading on the Exchange, all the Exchange's
market participants should benefit from the improved market quality and
increased opportunities for price improvement.
    Finally, the Exchange believes that the proposal could promote
competition between the Exchange and other execution venues, including
those that currently offer similar incentives.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \24\ of the Act and subparagraph (f)(2) of Rule
19b-4 \25\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \26\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \26\ 15 U.S.C. 78s(b)(2)(B).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2020-64 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-NYSEArca-2020-64. 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-NYSEArca-2020-64 and should
be submitted on or before August 4, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15111 Filed 7-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Page 31431]
[FR Doc No: 2012-12690]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2000-7094]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated April 19, 2012, Pioneer Valley Railroad (PVRR) has
petitioned the Federal Railroad Administration (FRA) for an extension
of its waiver of compliance from a provision of the Federal hours of
service laws contained at 49 U.S.C. 21103(a), as authorized by 49
U.S.C. 21102(b). FRA assigned the petition docket number FRA-2000-7094.
    In its petition, PVRR seeks relief from 49 U.S.C. 21103(a)(2),
which prohibits a train employee from remaining or going on duty for a
period in excess of 12 consecutive hours. Title 49 U.S.C. 21102(b)
allows railroads with 15 or fewer employees to petition for exemption
from the restriction outlined at 49 U.S.C. 21103(a)(2), but the
exemption may not authorize a carrier to require or allow its employees
to be on duty more than a total of 16 hours in a 24-hour period. In
support of the request, PVRR explained that its safety record is
excellent and that an allowance for a train employee to exceed 12 hours
of time on duty would only be used during emergencies and not as part
of normal operations.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received by July 9, 2012 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on May 18, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-12690 Filed 5-24-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Page 5683]
[FR Doc No: 2020-01885]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4470-DR; Docket ID FEMA-2020-0001]

Mississippi; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4470-DR), dated December 6, 2019,
and related determinations.

DATES: This amendment was issued January 8, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of December 6, 2019.

    Chickasaw, Choctaw, and Oktibbeha Counties for Public
Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-01885 Filed 1-30-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15187-15189]
[FR Doc No: 2018-07113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82985; File No. SR-NYSE-2018-11]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Fees Charged in Connection With the Filing of Supplemental
Listing Applications in Connection With the Issuance of Convertible
Securities

April 3, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 22, 2018, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its fees charged in connection with
the filing of listing applications in relation to the issuance of
securities convertible into or exchangeable or exercisable for
additional securities of a listed class of common stock. The proposed
rule change is available on the Exchange's website at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts 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 proposes to amend its fees charged in connection with
the filing of listing applications in relation to the issuance of
securities convertible into or exchangeable or exercisable for
additional securities of a listed class of common stock (``Convertible
Securities'').
    A listed company is required to submit a supplemental listing
application (``SLAP'') prior to any issuance of Convertible Securities.
Each time a listed company submits a SLAP in connection with the
issuance of Convertible Securities, it must pay the minimum fee of
$10,000 provided for by Section 902.03 of the Manual. The Exchange,
however, does not charge any

listing fees with respect to the common shares issuable upon
conversion, exchange or exercise of such securities at the time of
submission of the required SLAP. Rather, Section 902.02 of the Manual
provides that the listed company will be charged at the end of the
calendar year [sic] for any such common shares that are issued that
year.\4\
---------------------------------------------------------------------------

    \4\ The Commission notes that Section 902.02 of the NYSE Listed
Company Manual (``Manual'') states that with respect to shares that
are not issued at the time of listing, such as for Convertible
Securities, listing fees will accrue on these securities as of the
date of issuance and such accrued listing fees will be billed at the
beginning of the following year along with the issuer's annual fees.
See Section 902.02 of the Manual (``Timing of Listing Fees for
Subsequent Issuances'').
---------------------------------------------------------------------------

    The Exchange has noted that it is not unusual for a listed company
to enter into a number of different transactions in which it issues
Convertible Securities. Each such transaction requires the submission
of a SLAP, and the payment of the $10,000 minimum SLAP fee, incurring a
significant fee expense even where the transactions covered by the
SLAPs are immaterial in size.
    The Exchange proposes to amend Section 902.03 to limit the fee
expense to listed companies. Under the proposed amendment, a $10,000
SLAP fee will be billed with respect to the first SLAP solely in
connection with the issuance of securities convertible into or
exchangeable or exercisable for additional securities of a listed class
that is submitted by a listed issuer in each calendar quarter. No
additional SLAP fee will be billed for any other SLAP solely in
connection with the issuance of securities convertible into or
exchangeable or exercisable for additional securities of a listed class
that is submitted during the rest of that calendar quarter.
    The Exchange does not expect that the reduction in fee revenue
associated with this proposed amendment will have any effect on its
ability to finance its regulatory program.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Section 6(b)(4) \6\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges and is not designed to permit unfair
discrimination among its members and issuers and other persons using
its facilities. The Exchange also believes that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\7\ in that it is
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent
with Sections 6(b)(4) and 6(b)(5) of the Exchange Act in that it
represents an equitable allocation of fees and does not unfairly
discriminate among listed companies. In particular, the Exchange
believes that the proposed amendment is not unfairly discriminatory
because it will be applied the same to all listed companies submitting
SLAPs in connection with the issuance of Convertible Securities. The
Exchange also notes that listed companies will be charged per share
listing fees with respect to any shares of common stock issued upon
conversion, exchange or exercise of the Convertible Securities, thereby
ensuring that the fees associated with a Convertible Securities
transaction will be reflective of the size of the transaction.

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 furtherance of the purposes of the Act. The proposed rule change
will not impose any burden competition as its sole purpose is to
provide a limited relief from the listing fees a company incurs when it
issues Convertible Securities in a series of separate transactions
during a calendar quarter.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

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-NYSE-2018-11 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-NYSE-2018-11. 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 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-NYSE-2018-11, and should be
submitted on or before April 30, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07113 Filed 4-6-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41716-41717]
[FR Doc No: 2023-13538]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket Number: DOT-OST-2023-0097]

Rural and Tribal Assistance Pilot Program; Correction

ACTION: Notice of funding opportunity, correction.

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

SUMMARY: The Department of Transportation is correcting a notice
published on June 15, 2023 issue of the Federal Register entitled
``Notice of Funding Opportunity to Establish Cooperative Agreements
with Technical Assistance Providers for the Fiscal Year 2022 Thriving
Communities Program''. This notice corrects several web links and
updates the close date of the application period.

SUPPLEMENTARY INFORMATION:

Corrections

    In the Federal Register notice of June 15, 2023, on page 39328, in
the second column of B. Federal Award Information,
``Transportation.gov/BuildAmerica/RuralandTribalGrants'' is corrected
to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39329, in
the second column under RAISE Grant Program ``www.transportation.gov/RAISEgrants'' is corrected to read ``http://www.transportation.gov/RAISEgrants''
    In the Federal Register notice of June 15, 2023, on page 39329, in
the third column of D. Application and Submission Information,
``Transportation.gov/BuildAmerica/RuralandTribalGrants'' is corrected
to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39330, in
the first column, first paragraph ``Transportation.gov/BuildAmerica/RuralandTribalGrants'' is corrected to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39330, in
the first column, third paragraph of 2. Content of Form of Application
Information, ``Transportation.gov/BuildAmerica/RuralandTribalGrants''
is corrected to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39330, in
the third column, first paragraph, lines 10-11 of 4. Submission Dates
and Timelines, ``Transportation.gov/BuildAmerica/RuralandTribalGrants''
is corrected to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39330, in
the third column, first paragraph, line 13 of 4. Submission Dates and
Timelines, ``July 31, 2023'' is corrected to read ``September 28,
2023.''
    In the Federal Register notice of June 15, 2023, on page 39330, in
the third column, first paragraph, lines 19-20 of 4. Submission Dates
and Timelines, ``Transportation.gov/BuildAmerica/RuralandTribalGrants''
is corrected to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39330, in
the third column, first paragraph, lines 29-30 of 4. Submission Dates
and Timelines, ``Transportation.gov/BuildAmerica/RuralandTribalGrants''
is corrected to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39331, in
the second column, third paragraph of 8. Consideration of Application,

``Transportation.gov/BuildAmerica/RuralandTribalGrants'' is corrected
to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''
    In the Federal Register notice of June 15, 2023, on page 39333, in
the third column, third of G. Federal Awarding Agency Contacts,
``Transportation.gov/BuildAmerica/RuralandTribalGrants'' is corrected
to read ``https://www.transportation.gov/buildamerica/RuralandTribalGrants''

    Issued in Washington, DC, on June 20, 2023.
Morteza Farajian,
Executive Director, Build America Bureau.
[FR Doc. 2023-13538 Filed 6-26-23; 8:45 am]
BILLING CODE P


[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 39019-39021]
[FR Doc No: 2020-13872]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89128; File No. SR-CBOE-2020-053]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 6.1 in Order To Provide for a Consistent Documentation of Open
Outcry Execution Information in the Event of an Exchange System
Malfunction or Disruption

June 23, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 10, 2020, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, and
II below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ 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)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 6.1 in order to provide for a
consistent documentation of open outcry execution information in the
event of an Exchange system malfunction or disruption.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 6.1 in order to provide for a
consistent documentation of open outcry execution information in the
event of an Exchange system malfunction or disruption.
    Specifically, Rule 6.1(a) requires that a Trading Permit Holder
(``TPH'') in each transaction to be designated by the Exchange must
report or ensure the transaction is reported to the Exchange within 90
seconds of the execution in a form and manner prescribed by the
Exchange so that the trade information may be reported to time and
sales reports.\5\ Pursuant to Rule 6.1(c)(1), the seller (or buyer if
designated by the Exchange) must submit the transaction report through
an electronic data transmission link approved by the Exchange in order
to fulfill the Rule 6.1(a) reporting requirement. Additionally, Rule
6.1(c) provides that participants (both the buyer and the seller) must
immediately record on a card or ticket or enter in an electronic data
storage medium acceptable to the Exchange certain requisite transaction
information. Such transaction information includes, among other things,
the time of the transaction obtained from a source designated by the
Exchange,\6\ and must be included in the transaction report. Currently,
TPHs submit transaction reports through Public Automated Routing System
(``PAR'') \7\ workstations. In practice, generally, when an order is
executed in open outcry, a participant nearly contemporaneously with
the execution enters the requisite trade information into a PAR
workstation, including the transaction time and presses a ``trade''
button, which both reports the trade to the Exchange and constitutes
the entry of requisite trade information in an electronic data storage
medium pursuant to Rule 6.1(c).
---------------------------------------------------------------------------

    \5\ The Exchange notes that for trades executed electronically
through the System, trade information is immediately submitted to
the Exchange so that it may be reported to the tape.
    \6\ The Exchange notes that there are universal clocks on the
trading floor which brokers may use when recording outage reports.
    \7\ See Rule 5.82.
---------------------------------------------------------------------------

    Rule 6.1(a) currently allows for designated late reporting,
however, a pattern or practice of late reporting without exceptional
circumstances may be considered conduct inconsistent with just and
equitable principles of trade and subject to fines or discipline under
Exchange Rules.\8\ Therefore, in the event an Exchange system
experiences a malfunction or disruption so that a participant is unable
to electronically submit the requisite transaction information and
report open outcry transaction information within the 90 second window
(i.e. an ``outage''), a late reporting designation is considered
acceptable and the participant is able to electronically submit the
trade information and simultaneously report the transaction upon
resolution of the malfunction or disruption and resumption of the
impacted Exchange system. Although pursuant to Rule 6.1(c), a
participant is able to record the transaction information on a card or
ticket, and may currently do so in the case of an outage (and following
the outage is then able to electronically enter the trade information
and submit the transaction report), the Exchange Rules do not currently
provide for a specific manner and form in which a participant should
report transaction information, including the transaction time, in the
event that an outage impedes a participant's ability to submit an
electronic transaction record within the required time period.\9\ As
such, the Exchange now proposes to amend Rule 6.1(a) to provide
additional clarity and consistency regarding the documentation and
submission of transaction reports for open outcry executions that occur
during an outage.
---------------------------------------------------------------------------

    \8\ See also Rule 6.1(j)(2), which provides that in the event a
Clearing Trading Permit Holder attempts to send trade information by
electronic transmission but is unable to get through to the Exchange
computer system, the Clearing Trading Permit Holder may contact the
Exchange's Trade Desk Department to inquire if the Exchange's system
is ready to receive such Clearing Trading Permit Holder's
transmission.
    \9\ In connection with past outages, participants have reported
this information to the Exchange, but have done so in different
manners. The proposed rule change will require participants to
report this information to the Exchange in the same manner as
designated by the Exchange.
---------------------------------------------------------------------------

    Specifically, the proposed change adopts subparagraph (a)(2) \10\
to Rule 6.1, which provides that in the event of an Exchange system
malfunction or disruption such that a participant is unable to
electronically report trade information pursuant to subparagraph (c) of
Rule 6.1 for orders executed in open outcry (an ``outage''), a
participant

will record execution information, including the transaction time, for
orders executed in open outcry in a manner and form determined by the
Exchange. Upon the resolution of the outage, a participant must resume
electronic submission of transaction reports within the 90 second time
frame and must use best efforts to input electronically into the
Exchange's system the execution information required by subparagraph
(c) of Rule 6.1 for the order(s) executed in open outcry during the
outage not later than the close of business on the day that the
malfunction or disruption ceases.
---------------------------------------------------------------------------

    \10\ The proposed change also separates the late reporting
provisions in current Rule 6.1(a) into subparagraph (a)(1) (and
titles the proposed subparagraph ``Late Reports'') for formatting
consistency and ease of reading and following Rule 6.1(a) generally.
---------------------------------------------------------------------------

    By providing that the Exchange determines the manner and form that
participants must report transaction information for executions that
occur during an outage,\11\ the proposed rule change will provide for
consistency among all participants with respect to their electronic
submission of transaction reports to the Exchange after the system
malfunction or disruption is resolved. The proposed rule will also
provide additional clarity in the Rules regarding the procedure
participants must use to submit transaction information to the Exchange
following the resolution of an outage. A uniform approach will also
provide for more consistency of information in the Exchange's audit
trail.
---------------------------------------------------------------------------

    \11\ Pursuant to Rule 1.5, the Exchange will announce its
determination of the manner and form via: (1) Specifications,
Notices, or Regulatory Circulars with appropriate advanced notice,
which are posted on the Exchange's website, or as otherwise provided
in the Rules; (2) electronic message; or (3) other communication
method as provided in the Rules.
---------------------------------------------------------------------------

    The Exchange also notes that a similar process is currently in
place pursuant to the Exchange Rules in the event of a malfunction or
disruption of the Exchange's systems such that a Trading Permit Holder
is unable to systematize an order, wherein each order transmitted to
the Exchange during a malfunction or disruption of the Exchange's
systems must be recorded legibly in a written form that has been
approved by the Exchange,\12\ and the Trading Permit Holder receiving
such order must record the time of its receipt on the floor and legibly
record the terms of the order, in written form.\13\ Such rules also
permit the retroactive entry of order receipt information following the
cessation of the malfunction or disruption.
---------------------------------------------------------------------------

    \12\ The Exchange notes that a legible record is a manner in
which it intends to determine that a participant will be required to
record execution information upon an outage, as proposed.
    \13\ See Rule 5.7(f)(2)(C)(i).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\14\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \15\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \16\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
---------------------------------------------------------------------------

    In particular, by requiring participants to report open outcry
transaction information for orders executed during an outage in a
specific manner and form determined by the Exchange, the Exchange
believes that the proposed rule change will remove impediments to and
perfect the mechanism of a free and open market and national market
system and help to ensure the maintenance of a fair and orderly market,
thereby protecting investors, as it provides for consistency and
additional clarity regarding the documentation and form of submission
of transaction information for open outcry executions that occur during
an outage, and the form of the reports of that information to the
Exchange following resolution of the outage. The Exchange further
believes the proposed rule change may prevent fraudulent and
manipulative acts and otherwise promote just and equitable principles
of trade. Particularly, the proposed rule change will require a uniform
approach to the documentation and reporting procedures of transaction
information for orders executed during an outage, which will provide
for consistency in the Exchange's audit trail.
    The Exchange does not believe that documentation of certain trade
information in a manner and form determined by the Exchange and the
procedure regarding retroactive submission of certain trade information
in the event of a system malfunction or disruption would present any
new or novel issues or reporting policies for participants, as similar
procedures are already in place under the Exchange Rules in the event a
system malfunction or disruption results in participants' inability to
systematize their orders upon receipt.

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 furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because it would apply equally
to all participants. In addition, the Exchange does not believe that
the proposed rule change will impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because the proposed rule change is not competitive
in nature nor does it relate to trading on the Exchange. Rather, it
relates solely to the manner and form of reporting transaction
information to the Exchange in outage scenarios.

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

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

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

    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) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of 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.

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

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \19\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \20\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Exchange believes that waiver of the operative delay is consistent with
the protection of investors and the public interest because it is
substantially similar to the process that is currently in place
pursuant to the Exchange Rule 5.7 \21\ in the event of a malfunction or
disruption of the Exchange's systems such that a Trading Permit Holder
is unable to systematize an order. The Exchange notes that wherein each
order transmitted to the Exchange during a malfunction or disruption of
the Exchange's systems must be recorded legibly in a written form that
has been approved by the Exchange, and the Trading Permit Holder
receiving such order must record the time of its receipt on the floor
and legibly record the terms of the order, in written form. The
Exchange states that the proposed rule change merely requires
participants currently report transaction information to the Exchange
with respect to orders executed during an outage, and to continue to do
so in a uniform manner. For this reason, the Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest because the proposed rule change
does not modify the information that participants must report, nor does
it change how open outcry trading will occur. The Commission believes
the proposed rule change will provide consistency and clarity in the
Cboe Rules regarding how to report transaction information to the
Exchange in the event of an outage, which will benefit investors.
Waiver of the operative delay will also permit the Exchange to
implement the proposed rule change in connection with the current
proposed reopening of its trading floor on June 15, 2020. Therefore,
the Commission hereby waives the operative delay and designates the
proposal as operative upon filing.\22\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ See supra note 13.
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 change 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_ADDRESS>Please include
File Number SR-CBOE-2020-053 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2020-053. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2020-053 and should be submitted on
or before July 20, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-13872 Filed 6-26-20; 8:45 am]
BILLING CODE 8011-01-P


FILE NAME:  biopetit.wpt   (1/1/2005) (xml)

Number: P4

ATTENTION:

All commodity terms must comply with the Food and Feed Commodity
Vocabulary database (http://www.epa.gov/pesticides/foodfeed/).

EPA BIOPESTICIDES AND POLLUTION PREVENTION DIVISION COMPANY NOTICE OF
FILING TEMPLATE FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL
REGISTER

(1/1/2005)

EPA Biopesticides and Pollution Prevention Division contact: Shanaz
Bacchus,<PHONE_NUMBER><EMAIL_ADDRESS>
TEMPLATE:

Jabb of the Carolinas

PP 5F6960

	EPA has received a pesticide petition, PP 5F6960, from the consultant,
Sarah E. Hinz-Bridger,SHB Scientific Enterprises, P.O. Box 321,
Chandler, AZ 85244-0321 on behalf of Jabb of the Carolinas , P.O. Box
310, Pine Level, NC 27568, proposing pursuant to section 408(d) of the
Federal  Food, Drug, and Cosmetic Act (FFDCA),  21 U.S.C. 346a(d), to
amend 40 CFR part 180  to establish an exemption from the requirement of
a tolerance in/on all food commodities for the  microbial pesticide
Beauveria bassiana HF 23

	Pursuant to section 408(d)(2)(A)(i) of the FFDCA, as amended, Jabb of
the Carolinas has submitted the following summary of information, data,
and arguments in support of their pesticide petition.  This summary was
prepared by Jabb of the Carolinas and EPA has not fully evaluated the
merits of the pesticide petition.  The summary may have been edited by
EPA if the terminology used was unclear, the summary contained
extraneous material, or the summary unintentionally made the reader
conclude that the findings reflected EPA’s position and not the
position of the petitioner.

I.   Jabb of the Carolinas  Petition Summary

   	PP 5F6960

A.  Product name and Proposed Use Practices

	Beauveria bassiana HF23 will be used as a biological insecticide for
the control of houseflies in the manure pits of high rise chicken
facilities.  The active ingredient enters and colonizes the insect body.

B.  Product Identity/Chemistry

	1. Identity of the pesticide and corresponding residues.    Bieauveria
bassiana HF23  will be applied to the manure pits in high rise chicken
houses. The fungal spores enter and colonize the insect body, which
kills the insect. A study which analyzes the ability of Beauveria
bassiana HF23 to survive in chicken manure is included in TGAI Volume 12
of the registration submission.  As can be noted from the study, average
conidia viability for all the four groups was greater than 94% (9.4 x
10E8 cfu/square foot) for the one-hour post treatment samples and
decreased over time to less than 7% (7.0 x 10E7 cfu/square foot) at Day
35 and less than 2% (2.0 x 10E7 cfu/square foot) at day 56, the final
sample date.  Additionally, Beauveria bassiana HF23 has been tested for
its ability to proliferate at 37◦C by Dr. Ellen Jo Baron at Stanford
University.  As can be noted, this isolate did not show the ability to
grow at 37◦C and so residues would not be expected on any agricultural
commodities.

	2. Magnitude of residue at the time of harvest and method used to
determine the residue.   The magnitude of residue at the time of a
potential harvest will be minimal due to the inability of the Beauveria
bassiana HF23 to survive in the manure for long periods of time as
discussed above.

	3. A statement of why an analytical method for detecting and measuring
the levels of the pesticide residue are not needed.   Residues of the
pesticide are not expected to remain on treated food and feed
commodities when chicken manure treated with Beauveria bassiana HF23 is
applied as fertilizer to agricultural crops.  The fungal active
ingredient occurs naturally in the environment and is ubiquitous.  The
toxicology studies indicate no harm to human health via oral exposure
(including drinking water) as discussed below. Consequently, an
analytical method is not required to monitor residues of Beauveria
bassiana HF23 in/on treated food/feed commodities.

C.  Mammalian Toxicological Profile

    The active ingredient Beauveria bassiana HF23 and the proposed end
use product balEnce have been evaluated for toxicity through oral,
dermal, pulmonary and eye routes of exposure.  The results of the
studies have indicated Toxicity Category IV, which pose no significant
human health risks.

Acute Oral Toxicity (Technical)

The test organism was detected in the feces of treated animals collected
on the day of dosing, but not in fecal samples collected on Day 3 and 7.
The test organism was not detected in the cecum contents, blood, or in
any of the tissue samples of treated animals at any of the time periods.
 The organism was not detected in the feces, tissues, blood or cecum
contents in the room and shelf control animals at any time during the
study.  All animals survived for the duration of the study.  No abnormal
clinical findings considered treatment-related and no effect on body
weight was noted in any animal.

Based on the results of this study, clearance of the test organism from
feces was established on Day 7 following a single oral dose in rats.  In
addition, the test organism was not toxic, infective or pathogenic to
rats when administered as a single dose by the oral route.

Acute Dermal Toxicity in Rabbits (Technical)

 Each of the animals received 2 g/kg of the test organism on the
application site.  A porous gauze patch was used to maintain the test
material in contact with the skin.  The patch was secured in place with
Johnson and Johnson hypoallergenic tape.  In order to further secure the
patch, bandaging was wrapped around the trunk of the animal and taped in
place.  Collars were affixed to each animal for 24 hours to prevent
access to the test site.  Exposure duration was 24 hours.   After
exposure, the bandaging and the collar were removed from each animal and
the skin was gently wiped with disposable paper towels wetted with tap
water to remove any remaining test material.

Beauveria bassiana HF23 produced no adverse reactions on the skin of any
of the treated animals.

Acute Intraperitoneal Toxicity/Pathogenicity Testing in Rats (Technical)

The objective of this study is to evaluate the potential toxicity and
pathogenicity of Beauveria bassiana HF23 when administered to rats in a
single dose by intraperitoneal injection.

The test organism was administered to six male and six female rats by
intraperitoneal injection at a dose volume of 1 mL per animal.  The dose
preparation contained 3.97 x 108 cfu/mL by the hemacytometer method and
2.80 X 107 cfu/mL by the dilution plate count method.  In addition, room
controls (Group 1, rats housed in a room separate from the treated rats)
of two males and two females were placed on study.  These animals were
not dosed.

Animals were observed for viability once each morning and afternoon
throughout the 21-day study.  In addition, each animal was observed for
clinical signs at 1, 2.5 and 4 hr following dosing and daily thereafter
for the duration of the study.  Body weights were measured once pretest,
once weekly throughout the study and at terminal sacrifice.  Animals
were subjected to a gross necropsy at termination.

All animals survived and gained weight over the duration of the study.
Sporadic decreased feces were observed in one room control (Group 1)
female and in one male and six females among the treated (Group 2)
animals.  A subcutaneous mass was observed in one male and one female in
the treated group. The test organism was not recovered from these
masses.  No signs of infectivity or pathogenicity were observed during
the gross necropsies.

The test organism, B. bassiana HF23, was not toxic or pathogenic to rats
when administered in a single dose by the intraperitoneal route.

Primary Eye Irritation in Rabbits (Technical)

A single dose of 0.07 of the test organism was applied to the eye of
each rabbit.  Eyes were observed at approximately 1, 24, 48 and 72 hours
after ocular instillation of the organism.

Instillation of Beauveria bassiana HF23 into the eye of three rabbits
produced chemosis and discharge up to 48 hr, and redness up to 72 hr.
Although some of these effects were moderately severe, all of the eyes
were completely normal by 7 days.

Acute Eye Irritation in Rabbits (EP, balEnce):

A single dose of 0.1 mL of the test organism was applied to the eye of
each rabbit.  Eyes were observed at approximately 1, 24, 48 and 72 hours
after ocular instillation of the organism.

Instillation of Beauveria bassiana End-use Product into the eye of three
rabbits produced mild redness up to 48 hr after treatment.  Discharge
was observed in one animal at 1 hr.   All of the treated eyes were
completely normal by 72 hr after treatment.

For the active ingredient, no pathogenic effects were observed in the
acute oral, acute dermal, acute pulmonary toxicology, acute injection or
eye irritation studies.

A waiver is being requested for the acute oral, acute pulmonary and
injection studies on the finished product based on the fact that there
was no toxicity or pathogenicity in the active ingredient pulmonary and
injection studies.  The inerts, used in the formulation, are included
List 4A or 4B and are not expected to have any adverse acute oral and
pulmonary effects effects on human adults, children and infants.
Dermal toxicity/pathogenicity and eye irritation was not observed in the
finished product studies.

Acute Avian Oral Toxicity:

Chickens were used for the study instead of bobwhite quails.

No mortalities or adverse effects were observed, therefore, both LD50
and ID50 were estimated by >0.91 g/kg body weight.  The No Observed
Adverse Effects Level (NOAEL) was determined to be >0.91 g/kg body
weight. The target dose tested, >0.91g/kg body weight, was based on the
purity test of the substance and the maximum hazard dose level according
to OPPTS Guideline 885.4050.

D.  Aggregate Exposure

	1. Dietary exposure.

	i. Food.   Dietary exposure from use of Beauveria bassiana HF23, as
proposed, is minimal.  Beauveria bassiana HF23 is applied to the manure
pits and is not applied directly to growing crops.  Manure used as
fertilizer will have a minimal residue as can be determined by the
inability of Beauveria bassiana HF23 to survive in chicken manure by the
time it is applied to the fields.  Residues of Beauveria bassiana HF23
are not expected on agricultural commodities.

	ii. Drinking water.  Similarly, exposure to humans from residues of
Beauveria bassiana HF23 in consumed drinking water would be unlikely.
Beauveria bassiana HF23 is a naturally occurring soil microorganism
found in soil types world-wide.  While spores of Beauveria bassiana HF23
may be found in aquatic environments, possibly because they are washed
in from surrounding terrestrial habitats, they are not known to grow or
thrive in aquatic environments.

	2. Non-dietary exposure.   The potential for non-dietary exposure to
the general population, including infants and children, is unlikely as
the proposed use site is in an enclosed environment.  In addition, the
pesticide is to be applied to agricultural fields, such that minimal
exposure is expected to the general population, including infants and
children.  However, non-dietary exposures would not be expected to pose
any quantifiable risk due to a lack of residues of toxicological
concern.

Personal Protective Equipment (PPE) mitigates the potential for exposure
to applicators and handlers of the proposed product, when used in the
chicken facility.

E.  Cumulative Exposure

It is not expected that, when used as proposed, Beauveria bassiana HF23
would result in residues that would remain on agricultural commodities.
While other strains of Beauveria bassiana are registered, they are not
registered for this particular use.  Thus, cumulative exposure to
Beauveria bassiana HF23 is not expected from this particular application
method.

F.  Safety Determination

	1. U.S. population. Beauveria bassiana HF23 is not pathogenic or
infective to mammals. There has only been 1 report of human infectivity
(deep tissue) by a Beauveria tenella.  The infected individual was
receiving immunosuppressive therapy at the time.

	Beauveria bassiana HF23 is applied to the manure pits in a chicken
facility.  It is not applied to growing crops directly.  Residues of
Beauveria bassiana HF23 are  not expected on agricultural commodities,
and therefore, exposure to the general US population, based on the
proposed use, is not anticipated.

	2. Infants and children.   As mentioned above, residues of Beauveria
bassiana HF23 are not expected on  food and feed commodities.  There is
a reasonable certainty of no harm for infants and children from exposure
to Beauveria bassiana HF23 from the proposed uses.

Effects on the Immune and Endocrine Systems

³

¸

¹

Ò

ë

/No effects on the immune and endocrine systems are expected from
exposure to Beauveria bassiana HF 23.

H.  Existing Tolerances

Exemptions from tolerances exist for Beauveria bassiana ATCC 74040 and
Beauveria bassiana GHA.

 PAGE

 PAGE   6

 PAGE  6


April 13, 2004 MEMORANDUM From: William H. Maxwell CG/ ESD ( C439 01)

To: Utility MACT Project Files Subject: Meeting with WE Energies, April 13, 2004 Attendees Bob Wayland, EPA/ ESD/ CG Bill Maxwell, EPA/ ESD/ CG Terry Coughlin, WE Energies ( by phone) John Seitz, Sonnenschein Nath & Rosenthal, LLP Discussion A general discussion of the issues, particularly associated with new sources, related to coal fired units in the January 30, 2004, proposed utility regulation was held. WE Energies was urged to include their issues in their comments to the e docket by April 30, 2004.


[Federal Register: April 27, 2006 (Volume 71, Number 81)]
[Notices]
[Page 24845-24846]
[DOCID:fr27ap06-33]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-304-000]

Midwestern Gas Transmission Company; Notice of Proposed Changes
in FERC Gas Tariff

April 20, 2006.
    Take notice that on April 12, 2006, Midwestern Gas Transmission
Company (Midwestern) tendered for filing to become part of its FERC Gas
Tariff, First Revised Volume No. 1, the following tariff sheets to
become effective May 12, 2006:

First Revised Sheet No. 270.03. Original Sheet No. 270.04.

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as

appropriate. Such notices, motions, or protests must be filed in
accordance with the provisions of Sec.  154.210 of the Commission's
regulations (18 CFR 154.210). Anyone filing an intervention or protest
must serve a copy of that document on the Applicant. Anyone filing an
intervention or protest on or before the intervention or protest date
need not serve motions to intervene or protests on persons other than
the Applicant.
    The Commission encourages electronic submission of 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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-6328 Filed 4-26-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Page 76571]
[FR Doc No: 2016-26544]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-12-000]

Lee County, Florida; Notice of Petition for Declaratory Order

    Take notice that on October 27, 2016, pursuant to Rule 207 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure,\1\ Lee County, Florida filed a petition for declaratory
order confirming that, as a political subdivision of the State of
Florida, section 201(f) of the Federal Power Act (FPA), 16 U.S.C.
824(f) exempts it from Commission rate regulation under section 205 and
206 of the FPA, 16 U.S.C. 824(d) and (c), all as more fully explained
in the petition.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.207 (2016).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest in this proceeding
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above proceeding are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on November 25, 2016.

    Dated: October 28, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-26544 Filed 11-2-16; 8:45 am]
 BILLING CODE 6717-01-P