[Federal Register: February 22, 2006 (Volume 71, Number 35)]
[Proposed Rules]
[Page 9059]
[DOCID:fr22fe06-37]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0003; FRL-8034-8]

Approval and Promulgation of State Implementation Plans; Texas;
Revision to the Rate of Progress Plan for the Beaumont/Port Arthur
Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve revisions to the Texas State
Implementation Plan (SIP) Post-1996 Rate of Progress (ROP) Plan, the
1990 Base Year Inventory, and the Motor Vehicle Emissions Budgets
(MVEB) established by the ROP Plan, for the Beaumont/Port Arthur (BPA)
ozone nonattainment area submitted November 16, 2004. The intended
effect of this action is to approve revisions submitted by the State of
Texas to satisfy the reasonable further progress requirements for 1-
hour ozone nonattainment areas classified as serious and demonstrate
further progress in reducing ozone precursors. We are approving these
revisions in accordance with the requirements of the Federal Clean Air
Act (the Act).

DATES: Written comments should be received on or before March 24, 2006.

ADDRESSES: Comments may be mailed to Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the Addresses section of the direct final
rule located in the Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone
214-665-6645<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives relevant adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the Rules section of this Federal Register.

    Dated: February 6, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 06-1564 Filed 2-21-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6261-6262]
[FR Doc No: 2023-01978]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0863]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Monthly Monitoring
Study

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by March 2, 2023.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The title of this
information collection is ``Monthly Monitoring Study.'' Also include
the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Monthly Monitoring Study

OMB Control Number 0910-NEW

    This information collection supports the development and
implementation of FDA public education campaigns related to tobacco
use. To reduce the public health burden of tobacco use in the United
States and educate the public--especially young people--about the
dangers of tobacco use, FDA's Center for Tobacco Products (CTP) is
developing and implementing multiple public education campaigns.
    FDA launched ``The Real Cost'' in February 2014, seeking to reduce
tobacco use among at-risk youth ages 12 to 17 years old in the United
States who are open to smoking cigarettes and/or using electronic
nicotine delivery systems (ENDS) products, or have already experimented
with cigarettes and/or ENDS products. Given the rapidly evolving
tobacco landscape in the United States, frequent and nimble data
collection strategies are needed to keep pace and provide relevant
information to FDA to inform its tobacco prevention media campaign
development about changes in tobacco use and emerging products among
youth and young adults.
    In an effort to inform specified recommendations around ``The Real
Cost'' and FDA's other public education programs to reduce tobacco-
related death and disease, more research is needed to understand the
trends in use and perceptions of novel and emerging tobacco products,
as well as awareness and preferences related to emerging tobacco
products and specific brands and device types so that FDA can develop
new media campaign messages that resonate with youth and young adults.
The purpose of the Monthly Monitoring Study is to collect primary data
from youth and young adults, ages 15 to 24 years old, in the United
States to monitor perceptions and use of emerging and novel tobacco
products and emerging trends in brand and device awareness and use.
    The study will be conducted using web-based surveys that are self-
administered on personal computers or web enabled mobile devices. The
study will use an online survey to collect data from up to 27,000 youth
and young adults ages 15 to 24 years to monitor perceptions about and
trends in use of ENDS and other emerging tobacco products. Participants
will be recruited through social media advertisements. To achieve the
required pace of data collection, the study will not contact parents of
youth under 18 years old for parental permission and will obtain a
waiver of parental permission from the institutional review board. The
study will include questions about marijuana use to allow the study
team to differentiate between use of current and emerging tobacco
products and marijuana, which can be used in tobacco products such as
ENDS and little cigar/cigarillos. The survey will take approximately 20
minutes to complete per participant. This survey will ask participants
to provide feedback on tobacco use and quitting behavior, as well as
brand and device preferences, tobacco information sources, peer
influence and perceptions, and marijuana use.
    The aim of the Monthly Monitoring Study is to answer the following
questions:
     What are the trends in brand and device use for ENDS
products and other emerging tobacco products among youth and young
adults ages 15 to 24 years in the United States? What are their
perceptions of these products?
     How is respondent tobacco use affected by environmental
factors, including peer influence and other external factors such as
COVID-19?
     What are the primary sources of new product information
and where are these products purchased/acquired?
     What are the primary sources of health information for
ENDS and other emerging tobacco products?
    In support of the provisions of the Family Smoking Prevention and
Tobacco Control Act that require FDA to protect the public health and
to reduce

tobacco use by minors, FDA requests OMB approval to collect data for
the Monthly Monitoring Study.
    In the Federal Register of July 26, 2022 (87 FR 44405), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. One PRA related comment was received.
    (Comment) The commenter stated that they believed the study should
include children as young as age 10 years.
    (Response) The age range for inclusion of this study (15 to 24
years) is based on the target audience for CTP/Office of Health
Communication and Education's campaigns, which are adolescents and
young adults. Additionally, we are limited by the social media mode of
data collection (platforms generally do not allow children younger than
13 years old to have accounts) and by the Children's Online Privacy
Protection Rule, which does not allow us to contact youth 13 years old
and under without parental permission. Furthermore, lowering the age
range would greatly increase the time needed to field the survey, as
well as the costs. Given that parental permission is not feasible for
the social media-based recruitment, we must be granted a waiver of
parental permission from our institutional review board. Our
institutional review board has not historically granted a waiver of
parental permission for respondents younger than 15 years old.
    FDA estimates the burden of this collection of information as
follows:

                                                         Table 1--Estimated Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Number of
        Type of respondent/activity             Number of     responses per   Total annual           Average burden  per response           Total hours
                                               respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Youth Screener.............................         135,000               1         135,000  0.04167 (2.5 minutes)......................           5,625
Youth Assent...............................          27,000               1          27,000  0.04167 (2.5 minutes)......................           1,125
Youth Online Survey........................          27,000               1          27,000  0.33333 (20 minutes).......................           9,000
Young Adult Screener.......................         135,000               1         135,000  0.04167 (2.5 minutes)......................           5,625
Young Adult Consent........................          27,000               1          27,000  0.04167 (2.5 minutes)......................           1,125
Young Adult Online Survey..................          27,000               1          27,000  0.33333 (20 minutes).......................           9,000
                                            ------------------------------------------------------------------------------------------------------------
    Total..................................  ..............  ..............  ..............  ...........................................          31,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We expect the screening process (2.5 minutes per response) to yield
a 5 to 1 ratio of eligible participants. We will need to screen
approximately 270,000 potential participants (135,000 youth and 135,000
young adults) over the study period. Participants determined to be
eligible through the screener will complete a youth assent or young
adult consent (2.5 minutes per response) and the online survey (20
minutes per response).
    Over the course of the study period, we intend to survey
approximately 1,500 youth ages 15 to 17 years old, and young adults
ages 18 to 24 years old, every 1 to 2 months. The survey will be
repeated with a new cross-sectional sample approximately every month or
every other month over a period of 18 months. We will obtain a final
sample size of 54,000 youth and young adults (27,000 youth and 27,000
young adults) over the course of the study period. Respondents will be
allowed to complete an additional, cross-sectional survey after 6
months.
    We made the following changes between the 30-day and 60-day
publications: In reviewing recruitment metrics for two similar CTP
studies, we found an average of 5:1 screening to survey completion
ratio. Therefore, we adjusted the number of required screeners and
burden hours accordingly.

    Dated: January 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-01978 Filed 1-30-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Notices]
[Pages 19166-19167]
[FR Doc No: 2016-07537]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC16-7-000]

Commission Information Collection Activities (FERC Form 6-Q);
Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory
Commission (Commission or FERC) is soliciting public comment on the
currently approved information collection, FERC Form 6-Q (Quarterly
Financial Report of Oil Pipeline Companies).

DATES: Comments on the collection of information are due June 3, 2016.

ADDRESSES: You may submit comments (identified by Docket No. IC16-7-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

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

SUPPLEMENTARY INFORMATION:
    Title: FERC Form 6-Q, Quarterly Financial Report of Oil Pipeline
Companies.\1\
---------------------------------------------------------------------------

    \1\ The renewal request in this IC docket is for the current
FERC Form 6-Q, with no change to the reporting requirements. The
FERC Form 6-Q is also part of the Forms Refresh effort (started in
Docket No. AD15-11), which is a separate activity.
---------------------------------------------------------------------------

    OMB Control No.: 1902-0206.
    Type of Request: Three-year extension of the FERC Form 6-Q
information collection requirements with no changes to the current
reporting requirements.
    Abstract: Under the Interstate Commerce Act (ICA) ,\2\ the
Commission is authorized and empowered to make investigations and to
collect and record data to the extent FERC may consider to be necessary
or useful for the purpose of carrying out the provisions of the ICA.
FERC must ensure just and reasonable rates for transportation of crude
oil and petroleum products by pipelines in interstate commerce.
---------------------------------------------------------------------------

    \2\ 49 U.S.C. Part 1, Section 20, 54 Stat. 916.
---------------------------------------------------------------------------

    The Commission uses the information collected by FERC Form 6-Q to
carry out its responsibilities in implementing the statutory provisions
of the ICA to include the authority to prescribe rules and regulations
concerning accounts, records, and memoranda, as necessary or
appropriate. Financial accounting and reporting provides necessary
information concerning a company's past performance and its future
prospects. Without reliable financial statements prepared in accordance
with the Commission's Uniform System of Accounts and related
regulations, the Commission would be unable to accurately determine the
costs that relate to a particular time period, service, or line of
business.
    The Commission uses data from the FERC Form 6-Q to assist in:
    1. Implementation of its financial audits and programs,
    2. continuous review of the financial condition of regulated
companies,
    3. assessment of energy markets,
    4. rate proceedings and economic analyses, and
    5. research for use in litigation.
    Financial information reported on the quarterly FERC Form 6-Q
provides FERC, as well as customers, investors and others, an important
tool to help identify emerging trends and issues affecting
jurisdictional entities within the energy industry. It also provides
timely disclosures of the impacts that new accounting standards, or
changes in existing standards, have on jurisdictional entities, as well
as the economic effects of significant transactions, events, and
circumstances. The reporting of this information by jurisdictional
entities assists the Commission in its analysis of profitability,
efficiency, risk, and in its overall monitoring.
    Type of Respondents: Oil pipelines.
    Estimate of Annual Burden: \3\ The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \3\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

                           FERC Form 6-Q--Quarterly Financial Report of Oil Companies
----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                   Annual number   Total number   Average burden  burden hours &     Cost per
      Number of respondents        of responses    of responses     & cost per     total annual   respondent ($)
                                  per respondent                   response \4\        cost
----------------------------------------------------------------------------------------------------------------
(1)                                          (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                             (3)                             (5)
----------------------------------------------------------------------------------------------------------------
175.............................               3             525             150          78,750          32,400
                                                                         $10,800      $5,670,000
----------------------------------------------------------------------------------------------------------------

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    \4\ The estimates for cost per response are derived using the
2015 FERC average salary plus benefits of $149,489/year (or $72.00/
hour). Commission staff finds that the work done for this
information collection is typically done by wage categories similar
to those at FERC.
---------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: March 29, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-07537 Filed 4-1-16; 8:45 am]
BILLING CODE 6717-01-P


"King, Heidi R."<EMAIL_ADDRESS> 03/10/2008 11:20 AM

To

Lydia Wegman/RTP/USEPA/US@EPA, Karen Martin/RTP/USEPA/US@EPA, "Schwab, Margo"<EMAIL_ADDRESS> cc

Margaret Morrison/RTP/USEPA/US@EPA

Subject

Lydia: O3 NAAQS Next steps

My attention has returned to this review, and I'm on the phone with

Neal, Ron and Margo now.  I will call Margaret as soon as we finish to

set up our next conversation.

Lydia, I believe our next steps are the following:

- Preamble:  Review comments on new Implementation language

- RIA: OMB comments and EPA response discussion

   + I have yet to review Ron's response to Fri OMB list of comments;

however

   + I have a larger issue on costs to discuss (cost caps, RIA p 5-15)

and have additional comments to assemble for EPA

Are there remaining issues in the preamble language that we should

prepare to cover as soon as we finish this benefits conversation?

Thank you all,

heidi

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Monday, March 10, 2008 10:38 AM

To: King, Heidi R.

Cc: Lee, Amanda I<EMAIL_ADDRESS><EMAIL_ADDRESS> Subject: RE: Lydia

No problem.  We're here and will wait to hear from you.

             "King, Heidi R."

             <Heidi_R._King@o

             mb.eop.gov>                                             To

                                      Lydia Wegman/RTP/USEPA/US@EPA

             03/10/2008 10:33                                        cc

             AM                       "Lee, Amanda I."

<EMAIL_ADDRESS>

                                      Margaret

                                      Morrison/RTP/USEPA/US@EPA, Neal

                                      Fann/RTP/USEPA/US@EPA

                                                                Subject

                                      RE: Lydia

Lydia, my apologies at cancelling our 10am, another conversation has

demanded my attention.

I'll call Margaret as soon as I am available to resume our conversation,

and thank you for your patience,

heidi

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Monday, March 10, 2008 9:26 AM

To: King, Heidi R.

Cc: Lee, Amanda I<EMAIL_ADDRESS><EMAIL_ADDRESS> Subject: Re: Lydia

Yes, we can meet this AM as soon as we're done with the 10 AM call on

the rule, though I need to check with Neal on his availability.

             "King, Heidi R."

             <Heidi_R._King@o

             mb.eop.gov>                                             To

                                      Lydia Wegman/RTP/USEPA/US@EPA,

             03/10/2008 09:23         Neal Fann/RTP/USEPA/US@EPA,

             AM                       Margaret

                                      Morrison/RTP/USEPA/US@EPA

                                                                     cc

                                      "Lee, Amanda I."

<EMAIL_ADDRESS>                                                                 Subject

                                      Lydia

Good morning Lydia,

We continue to prioritize our review the Ozone NAAQS materials.  We

would like to have a conversation asap on the Benefits; would it be

possible to meet today, given the timeline?

In an effort to identify issues we'd like to cover while hopefully not

restricting further conversation, we've assembled the following list:

- Conversion to max 8 hour average for mortality studies

- PM scaling factor

- Visibility calculations

- 2006 dollars vs 2000 dollars

- UV write up

- Section 7.5.1

Thank you, as Margo and I mentioned last week, our calendars are for the

most part available to this project and we're happy to be as flexible as

possible.

heidi

(202) 395-4551


[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63173-63176]
[FR Doc No: 2023-19847]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98331; File No. 4-809]

Notice of Filing and Request for Comment on ICE Clear Europe
Limited's Request To Withdraw From Registration as a Clearing Agency

September 8, 2023.

I. Introduction

    Pursuant to section 19(a)(3) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\1\ on August 10, 2023, ICE Clear Europe
Limited (``ICE Clear Europe'') filed with the Securities and Exchange
Commission (``Commission'') a written request (the ``Written Request'')
\2\ to withdraw from registration as a clearing agency under section
17A of the Exchange Act.\3\ The Commission is publishing this notice to
solicit comments from interested persons concerning ICE Clear Europe's
Written Request.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(a)(3).
    \2\ See Letter from Hester Serafini, President, ICEEU, to
Vanessa Countryman, Secretary, Securities and Exchange Commission
(dated August 10 2023).
    \3\ 15 U.S.C. 78q-1.

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

II. Description

    The statements in this Item II concerning the background of ICE
Clear Europe's request for withdrawal from registration as a clearing
agency and its reasons for making the request have been submitted by
ICE Clear Europe in its Written Request. ICE Clear Europe is registered
with the Commission as a clearing agency under section 17A of the
Exchange Act.\4\ In its Written Request, ICE Clear Europe represents
that it intends to terminate its credit default swap clearing business
as of October 27, 2023 and, on that basis, seeks to withdraw its
registration as a clearing agency pursuant to section 19(a)(3) of the
Act on that date or as soon thereafter as is practicable.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
    \5\ See 15 U.S.C. 78s(a)(3).
---------------------------------------------------------------------------

A. Background

    ICE Clear Europe states in the Written Request that it is a
clearing agency registered with the Commission that is based in London,
United Kingdom (``UK'') and incorporated as a private limited company
under English law.\6\ ICE Clear Europe is an indirect wholly owned
subsidiary of Intercontinental Exchange, Inc (``ICE''). ICE Clear
Europe provides clearing and settlement services for two primary
categories of derivative contracts: (1) exchange-traded futures and
options contracts traded on the ICE Futures Europe, ICE Futures U.S.,
ICE Endex, and ICE Futures Abu Dhabi markets (the ``F&O Business'');
and (2) over-the-counter index and single-name credit default swap
(``CDS'') contracts (the ``CDS Business'').
---------------------------------------------------------------------------

    \6\ ``Clearing agency'' is defined in section 3(a)(23)(A) of the
Act as, in relevant part, ``any person who acts as an intermediary
in making payments or deliveries or both in connection with
transactions in securities or who provides facilities for comparison
of data respecting the terms of settlement of securities
transactions, to reduce the number of settlements of securities
transactions, or for the allocation of securities settlement
responsibilities.'' 15 U.S.C. 78c(a)(23)(A).
---------------------------------------------------------------------------

    In addition to its registration as a clearing agency under the Act,
ICE Clear Europe further states in the Written Request that it is:
authorized as a recognized clearing house under UK law; \7\ recognized
as a third-country central counterparty under the European Market
Infrastructure Regulation; \8\ registered as a derivatives clearing
organization (``DCO'') under the Commodity Exchange Act; \9\ recognized
as a foreign central counterparty under the Swiss Financial Market
Infrastructure Act; \10\ and recognized as a remote clearing house in
the Abu Dhabi Global Market.\11\
---------------------------------------------------------------------------

    \7\ See UK Financial Services and Markets Act of 2000 c. 8,
available at https://www.legislation.gov.uk/ukpga/2000/8/contents.
    \8\ See Regulation (EU) No 648/2012 of the European Parliament
and of the Council of 4 July 2012 on OTC derivatives, central
counterparties and trade repositories.
    \9\ See 7 U.S.C. 7a-1.
    \10\ See Federal Act on Financial Market Infrastructures and
Market Conduct in Securities and Derivatives Trading of 19 June
2015.
    \11\ See Abu Dhabi Global Market Financial Services and Markets
Regulations 2015, available at https://en.adgm.thomsonreuters.com/rulebook/financial-services-and-markets-regulations-2015-0.
---------------------------------------------------------------------------

    In addition, on July 23, 2009, the Commission granted ICE Clear
Europe a temporary conditional exemption from the requirement to
register as a clearing agency under section 17A of the Act solely to
perform the functions of a clearing agency for ``Cleared CDS.'' \12\
---------------------------------------------------------------------------

    \12\ See Order Granting Temporary Exemptions Under the
Securities Exchange Act of 1934 in Connection with Request on Behalf
of Ice Clear Europe Limited Related to Central Clearing of Credit
Default Swaps, and Request for Comments, Securities Exchange Act
Release No. 60372 (July, 23, 2009), 74 FR 37748 (July 29, 2009)
(``Original Registration Exemption''). The Original Registration
Exemption was extended on November 29, 2010. Order Extending
Temporary Conditional Exemptions Under The Securities Exchange Act
of 1934 in Connection with Request on Behalf of Ice Clear Europe,
Limited Related to Central Clearing of Credit Default Swaps and
Request for Comment, Securities Exchange Act Release No. 63389 (Nov.
29, 2010), 75 FR 75520 (Dec. 3, 2010).
---------------------------------------------------------------------------

    Section 763(b) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (``Dodd-Frank Act'') \13\ added section 17A(l)
to the Exchange Act,\14\ which provides, in relevant part, that a DCO
registered with the CFTC that is required to register under section 17A
is deemed to be registered under section 17A solely for the purpose of
clearing SBS to the extent that, before the date of enactment of
section 17A(l), the DCO cleared swaps pursuant to an exemption from
registration as a clearing agency. Pursuant to section 17A(l) of the
Act,\15\ ICE Clear Europe was deemed registered as a clearing agency
for the purpose of clearing security-based swaps, specifically single-
name CDS.\16\ Effective July 16, 2011, ICE Clear Europe became a
registered clearing agency for purposes of clearing single-name
CDS.\17\ ICE Clear Europe constitutes a ``covered clearing agency'' for
purposes of Commission Rule 17Ad-22.\18\
---------------------------------------------------------------------------

    \13\ The Dodd-Frank Wall Street Reform and Consumer Protection
Act, Public Law 111-203, 124 Stat. 1376 (2010).
    \14\ 15 U.S.C. 78q-1(1).
    \15\ Section 17A(l) of the Act was added by section 763(b) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act,
Public Law 111-203, 124 Stat. 1376 (2010).
    \16\ See Amendment to Rule Filing Requirements for Dually-
Registered Clearing Agencies, Securities Exchange Act Release No.
69284, 78 FR 21046, 21047 & n.20 (Apr. 9, 2013) (File No. S7-29-11).
ICE Clear Europe does not clear security-based swaps other than
single-name CDS.
    \17\ See id.
    \18\ See Definition of ``Covered Clearing Agency,'' Securities
Exchange Act Release No. 88616, 85 FR 28853, 28855 n.21 (May 14,
2020) (File No. S7-23-16).
---------------------------------------------------------------------------

    Subsequently, in connection with the proposed merger of ICE Clear
Europe's indirect parent company, Intercontinental Exchange, Inc., and
NYSE Euronext, ICE Clear Europe requested from the Commission an
exemption from clearing agency registration under section 17A(b) of the
Act and Rule 17Ab2-1 thereunder in connection with ICE Clear Europe's
clearing of certain futures and options contracts on underlying U.S.
equity securities, which contracts were traded on the LIFFE
Administration and Management Market (and subsequently have been traded
on the ICE Futures Europe market), as part of ICE Clear Europe's F&O
Business.\19\ By order dated June 27, 2013, the Commission granted ICE
Clear Europe's request (the ``Securities Product Exemption'').\20\ ICE
Clear Europe states that activity is unrelated to ICE Clear Europe's
CDS Business.
---------------------------------------------------------------------------

    \19\ See Order Pursuant to section 17A of the Securities
Exchange Act of 1934 Granting Exemption from the Clearing Agency
Registration Requirement Under section 17A(b) of the Exchange Act
for ICE Clear Europe Limited in Connection with its Proposal to
Clear Contracts Traded on the LIFFE Administration and Management
Market, Exchange Act Release No. 69872 (June 27, 2013), 78 FR 40220
(July 3, 2013).
    \20\ Id.
---------------------------------------------------------------------------

B. Planned Termination of the CDS Business

    As it has publicly announced, ICE Clear Europe has determined to
cease acting as a clearing agency for all classes of CDS contracts,
thus terminating its CDS Business in its entirety.\21\ ICE Clear Europe
Clearing Rules provide a procedure for the termination of clearing
services in this product category and set out the rights and
obligations of Clearing Members and ICE Clear Europe in connection with
the termination, including ICE Clear Europe's obligation to provide
advance notice of the termination by Circular.\22\
---------------------------------------------------------------------------

    \21\ Cessation of Clearing of CDS Contracts, Circular C22/076
(June 30, 2022), available at https://www.theice.com/publicdocs/clear_europe/circulars/C22076.pdf.
    \22\ See, e.g., ICE Clear Europe Rule 105. Capitalized terms
used but not defined herein have the meanings specified in the ICE
Clear Europe Clearing Rules (the ``ICE Clear Europe Rules''). In its
rules, ICE Clear Europe defines the term ``Circular'' to mean a
publication issued by ICE Clear Europe for the attention of all
Clearing Members and posted on ICE Clear Europe's website in
accordance with ICE Clear Europe's Rule 109(g).
---------------------------------------------------------------------------

    By Circular, ICE Clear Europe has designated October 27, 2023 as
the date on which it will terminate all services

related to its CDS Business.\23\ This date is defined in ICE Clear
Europe's Rule 101 as the ``Withdrawal Date.'' \24\ CDS Clearing Members
are required under ICE Clear Europe's Rules to use reasonable endeavors
to close out all of their open cleared CDS positions by that date.\25\
Furthermore, until the Withdrawal Date, CDS Clearing Members are only
permitted to submit for clearing new CDS transactions for risk reducing
purposes.\26\ If a CDS Clearing Member has complied with its
obligations to close out all of its cleared CDS positions at ICE Clear
Europe by the Withdrawal Date, the ``Termination Date'' for that
member's CDS clearing membership under ICE Clear Europe's Rules will
occur as soon as practicable thereafter.\27\ To the extent any CDS
Clearing Member has not closed out all of its own cleared CDS positions
by the Withdrawal Date, ICE Clear Europe has the authority under ICE
Clear Europe's Rules to terminate and cash settle those contracts \28\
and represents in the Written Request that it would expect to do so at
that time. Following termination of all CDS positions, ICE Clear
Europe's Rules require ICE Clear Europe to calculate a final settlement
amount for each CDS Clearing Member reflecting any net amount due to or
from the CDS Clearing Member.
---------------------------------------------------------------------------

    \23\ See ICE Clear Europe, Circular C22/109, Cessations of
clearing of CDS Contracts: Postponement of Withdrawal Date (dated
Sep. 26, 2022), available at https://www.theice.com/publicdocs/clear_europe/circulars/C22109.pdf.
    \24\ Under ICE Clear Europe Rule 105(c), the Withdrawal Date, or
October 27, 2023, will also be the ``Termination Close-Out Deadline
Date'' and the ``Termination Date'' (i.e., the date on which a CDS
Clearing Member's membership as such terminates) as those terms are
defined in ICE Clear Europe Rule 101 and used in ICE Clear Europe
Rule 918.
    \25\ See ICE Clear Europe Rules 105(c), 209(b), and 918(a)(i).
As discussed in Circular C22/076, ICE Clear Europe will, upon
request of a CDS Clearing Member, facilitate the termination and
reestablishment of positions at another clearing house.
    \26\ See ICE Clear Europe Rules 105(c), 209(b), and 918(a)(iii).
    \27\ The occurrence of the Termination Date for a CDS Clearing
Member has a number of consequences under the Rules, including that
the CDS Clearing Member is not responsible for replenishment of the
CDS Guaranty Fund in respect of Events of Default with respect to
other CDS Clearing Members occurring after such date. See ICE Clear
Europe Rule 918(d).
    \28\ See ICE Clear Europe Rule 105(b).
---------------------------------------------------------------------------

    ICE Clear Europe states that, as a result of these provisions,
effective as of the Withdrawal Date, it will cease to clear any CDS
contracts, no additional CDS contracts will be accepted for clearing,
and all outstanding CDS transactions will be terminated. Thus, as of
the Withdrawal Date, ICE Clear Europe's CDS Business will be
terminated. Both ICE Clear Europe and CDS Clearing Members will be
obligated to satisfy any respective final settlement amount arising
from such termination, including with respect to any final fees and
interest payments (for the October 2023 period). ICE Clear Europe
represents in the Written Request that the termination of the CDS
Business will have no effect on the F&O Business, and that Clearing
Members that are both F&O Clearing Members and CDS Clearing Members
will continue in their capacities as F&O Clearing Members after the
Withdrawal Date.

C. Request for Withdrawal of Clearing Agency Registration

    ICE Clear Europe represents in the Written Request that, upon
termination of the CDS Business on the Withdrawal Date as described
above, ICE Clear Europe would no longer be engaged in any clearing
agency activity relating to security-based swaps. As a result, ICE
Clear Europe would no longer be required to be registered as a clearing
agency under section 17A of the Act. Accordingly, ICE Clear Europe
requests withdrawal of its registration as of the Withdrawal Date, or
as soon as practicable thereafter.
    In support of this request, ICE Clear Europe represents as follows:
    1. ICE Clear Europe has notified its CDS Clearing Members, by
Circular, that under ICE Clear Europe Rule 105 they are obligated to
use reasonable endeavors to close out all open positions in CDS
Contracts by the Withdrawal Date of October 27, 2023.
    2. At end-of-day (18:00 London time) on October 26, 2023, ICE Clear
Europe will be permanently closed for CDS trade submission.
Accordingly, effective as of the Withdrawal Date, ICE Clear Europe will
no longer accept any CDS Contracts for clearing, and all open positions
in CDS Contracts will have been closed out by the CDS Clearing Members
holding the positions. To the extent any CDS Clearing Member has not
completed the closing out of any open CDS positions as of the
Withdrawal Date, ICE Clear Europe will be entitled and expects,
pursuant to ICE Clear Europe Rule 105(b), to terminate and cash settle
such positions. As a result, all liabilities in respect of the close
out and/or termination of any open positions in CDS Contracts will be
finally determined by end-of-day (18:00 London time) on the Withdrawal
Date.\29\
---------------------------------------------------------------------------

    \29\ ICE Clear Europe states in its request letter that, if
there were to be an Event of Default with respect to a CDS Clearing
Member at or prior to the Withdrawal Date, other CDS Clearing
Members would remain liable with respect to losses arising
therefrom, to the extent provided in ICE Clear Europe's Rules,
through application of their CDS Guaranty Fund Contributions and
obligations to pay assessments as necessary. Under ICE Clear Europe
Rule 105(a), ICE Clear Europe could also elect to further delay the
Withdrawal Date until the completion of the CDS default management
process. In such case, ICE Clear Europe would similarly expect to
delay its withdrawal from clearing agency registration until the
completion of the default management process.
---------------------------------------------------------------------------

    3. Accordingly, effective as of the Withdrawal Date, ICE Clear
Europe will no longer be performing any activities of a clearing agency
with respect to security-based swaps that would require registration
under the Act.
    4. On the next business day following the Withdrawal Date (i.e.,
October 30, 2023), any remaining Margin or Permitted Cover held by ICE
Clear Europe in respect of CDS Contracts will be available to CDS
Clearing Members for withdrawal in accordance with standard ICE Clear
Europe procedures, either through ``auto-release'' under ICE Clear
Europe's banking system or as instructed by the relevant CDS Clearing
Member. On that same day (i.e., October 30, 2023), a new Guaranty Fund
Period for the CDS Guaranty Fund will start. ICE Clear Europe will set
the required CDS Guaranty Fund Contribution to ``zero'' and notify CDS
Clearing Members in accordance with ICE Clear Europe Rule 1102 by end-
of-day that same day (i.e., 18:00 London Time on October 30, 2023). The
next day, on October 31, 2023, the CDS Guaranty Fund Contributions of
CDS Clearing Members will be available for withdrawal in accordance
with standard ICE Clear Europe procedures, either through ``auto-
release'' under ICE Clear Europe's banking system or as instructed by
the relevant CDS Clearing Member.
    5. On the following Monday, November 6, 2023, ICE Clear Europe will
follow its business-as-usual established processes for clearing
membership terminations to calculate a final settlement amount
reflecting any remaining net amount owed to or by each CDS Clearing
Member, including with respect to any final fees and interest payments
for the October 2023 period. Any such final amounts will be settled by
09:00 London time on November 7, 2023.
    6. ICE Clear Europe, based on the above, believes that all known
claims of ICE Clear Europe and CDS Clearing Members relating to the CDS
Business will have been determined and settled as of the Withdrawal
Date or, if any claims are not yet settled as of the Withdrawal Date,
they will be settled on November 7, 2023 pursuant to its business-as-
usual established processes described above. Based on ICE Clear

Europe's Rules, ICE Clear Europe expects that claims against it in
respect of the CDS clearing business would be limited to those of CDS
Clearing Members arising in connection with cleared CDS contracts.
Accordingly, once such contracts are terminated and finally settled in
accordance with ICE Clear Europe's Rules as described above, and the
Margin, Permitted Cover, and CDS Guaranty Fund Contributions of CDS
Clearing Members are made available for withdrawal as described above,
ICE Clear Europe does not anticipate that there would be any further
claims of CDS Clearing Members in respect of the CDS clearing business.
ICE Clear Europe further does not believe other persons would have
claims against it in respect of cleared CDS contracts \30\ and that it
has no other known or anticipated claims by or against it that are
associated with its CDS Business or clearing agency registration.
However, to the extent any valid claims relating to the CDS business
may nonetheless be brought against it in the five years following
withdrawal from registration (or such longer period as may be required
by law), ICE Clear Europe--which will remain a going concern--would
expect to pay such claims in the ordinary course of its operations.
Finally, ICE Clear Europe will maintain records necessary to evaluate
and address any contingent or other claims that be brought against it
after withdrawal of its registration, for the period and in the manner
discussed in point 7 below.
---------------------------------------------------------------------------

    \30\ See, e.g., ICE Clear Europe Rule 111(f).
---------------------------------------------------------------------------

    7. ICE Clear Europe will retain and maintain all documents, books,
and records, including correspondence, memoranda, papers, notices,
accounts, and other records made or received by it in the ordinary
course of its CDS Business and its activities as a registered clearing
agency, in accordance with the requirements of Exchange Act Rule 17a-
1(a) and (b),\31\ for a period of at least five years from the
effective date of the withdrawal of registration. ICE Clear Europe
further will produce such records and furnish such information at the
request of any representative of the Commission, in accordance with
Exchange Act Rule 17a-1(c).\32\
---------------------------------------------------------------------------

    \31\ 17 CFR 240.17a-1(a) and (b).
    \32\ See also 17 CFR 240.17a-1(c).
---------------------------------------------------------------------------

    8. Following the effectiveness of its withdrawal from registration
hereunder, ICE Clear Europe will not seek to engage in securities
clearing activity relating to security-based swaps in reliance on any
deemed registered status pursuant to section 17A(l) of the Act. ICE
Clear Europe notes that its affiliate, ICE Clear Credit LLC, will
continue to clear security-based swaps as a registered clearing agency.
If other affiliates of ICE Clear Europe seek to clear security-based
swaps or other securities products in a manner that requires
registration with the Commission under the Act, such affiliate would do
so after registration with the Commission pursuant to the process set
forth in Exchange Act Rule 17Ab2-1.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 240.17Ab2-1.
---------------------------------------------------------------------------

    ICE Clear Europe therefore requests that the Commission issue an
order, pursuant to section 19(a)(3) of the Act,\34\ that its
registration as a clearing agency under section 17A of the Act \35\
with respect to security-based swaps be withdrawn as of the Withdrawal
Date of October 27, 2023, or as soon as practicable thereafter.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(a)(3).
    \35\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    In the Written Request, ICE Clear Europe also requests that,
effective as of the withdrawal of its registration hereunder, the
Securities Product Exemption be withdrawn. As noted above, ICE Clear
Europe requested, and the Commission granted, the Securities Product
Exemption in light of the combination of security-based swap clearing
activity and securities option clearing activity contemplated by ICE
Clear Europe at the time. ICE Clear Europe represents in the Written
Request that, upon cessation of security-based swap clearing activity
and withdrawal of its clearing agency registration, ICE Clear Europe
will fall within the category of foreign clearing agencies for which
registration (or an exemption) is not required due to its lack of
contact with the U.S.\36\ Accordingly, in ICE Clear Europe's view, the
Securities Product Exemption will not be necessary for ICE Clear
Europe's continued operation of the F&O clearing service following
withdrawal of its clearing agency registration. As a result, ICE Clear
Europe requests that the Commission terminate the Securities Product
Exemption at the same time it approves ICE Clear Europe's request to
withdraw from registration as a clearing agency.
---------------------------------------------------------------------------

    \36\ In the Written Request, ICE Clear Europe represents that it
does not currently clear any equity options on U.S. securities or
single stock futures on U.S. securities. ICE Clear Europe further
represents that ICE Clear Europe Rule 207(g) is intended to
comprehensively exclude U.S. person Clearing Members for the purpose
of clearing contracts that are futures or options on underlying U.S.
securities.
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the requested
withdrawal is consistent with the Exchange 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/other.shtml), or
     Send an email to [email protected]. Please include
File No. 4-809 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-809. 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 (https://www.sec.gov/rules/sro.shtml).
Comments are also 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 a.m. and 3
p.m. Operating conditions may limit access to the Commission's Public
Reference Room.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number 4-809 and should be
submitted on or before October 5, 2023.

    By the Commission.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-19847 Filed 9-13-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Notices]
[Page 70620-70621]
[DOCID:fr12de07-81]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17a-4; OMB Control No. 3235-0279; SEC File No. 270-198.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
     Rule 17a-4 (17 CFR 240.17-4)--Records to be preserved by
certain exchange members, brokers and dealers.
    Rule 17a-4 requires exchange members, brokers and dealers to
preserve for prescribed periods of time certain records required to be
made by Rule 17a-3 (17 CFR 240.17a-3). In addition, Rule 17a-4 requires
the preservation of records required to be made by other Commission
rules and other kinds of records which firms make or receive in the
ordinary course of business. These include, but are not limited to,
bank statements, cancelled checks, bills receivable and payable,
originals of communications, and descriptions of various transactions.
Rule 17a-4 also permits broker-dealers to employ, under certain
conditions, electronic storage media to maintain records required to be
maintained under Rules 17a-3 and 17a-4.
    There are approximately 5,791 active, registered broker-dealers.
The staff estimates that the average amount of time necessary to
preserve the books and records as required by Rule 17a-4

is 254 hours per broker-dealer per year. Thus the staff estimates that
the total compliance burden for 5,791 respondents is 1,470,914 hours.
    The staff believes that compliance personnel would be charged with
ensuring compliance with Commission regulation, including Rule 17a-4.
The staff estimates that the hourly salary of a compliance manager is
$245 per hour.\1\ Based upon these numbers, the total cost of
compliance for 5,791 respondents is approximately $360.4 million
(1,470,914 yearly hours x $245).
---------------------------------------------------------------------------

    \1\ This figure is based on the SIFMA Report on Office Salaries
In the Securities Industry 2006 (Compliance Manager).
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to: R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted within
60 days of this notice.

    Dated: December 5, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-24034 Filed 12-11-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47886-47887]
[FR Doc No: 2012-19607]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67593; File No. SR-BX-2012-058]

 Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
BX's Fee Schedule Governing Order Routing

August 6, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 31, 2012, NASDAQ OMX BX, Inc. (``BX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    BX proposes to modify BX's fee schedule governing order routing. BX
will implement the proposed change on August 1, 2012. The text of the
proposed rule change is available at http://nasdaqomxbx.cchwallstreet.com/, at BX's principal office, 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 III [sic] 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
    BX is making a minor modification to the schedule governing fees
for use of its routing services. Effective August 1, 2012, the NASDAQ
OMX PSX (``PSX'') facility of NASDAQ OMX PHLX LLC (``Phlx'') is
increasing the fees that it charges for accessing liquidity.\3\
Accordingly, BX is making conforming changes to the fees that it
charges for routing orders to PSX. Under the modified fee schedule, BX
will charge $0.0030 per share executed for orders that use the BSTG or
BSCN routing strategies \4\ (the same fee charged for routing to all
venues other than the New York Stock Exchange (``NYSE'')), $0.0035 per
share executed for orders that use the BMOP routing strategy (the same
fee charged for routing to all venues other than NYSE), and will pass

through fees charged by PSX for orders that use the BTFY or BCRT
routing strategies.
---------------------------------------------------------------------------

    \3\ See SR-Phlx-2012-102 (July 31, 2012). In making this change,
Phlx undid a pricing change made for July 2012 and reverted to the
pricing in effect prior to July 2, 2012. See Securities Exchange Act
Release No. 67387 (July 10, 2012), 77 FR 41838 (July 16, 2012) (SR-
Phlx-2012-87). Similarly, BX adjusted its routing fees in July 2012
to reflect the change made by Phlx and is now reverting to the fees
formerly in effect. See Securities Exchange Act Release No. 67386
(July 10, 2012), 77 FR 41840 (July 16, 2012) (SR-BX-2012-044).
    \4\ The functionality of BX's various routing strategies is
explained in BX Rule 4758.
---------------------------------------------------------------------------

2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\5\ in general, and with Sections
6(b)(4) and (5) of the Act,\6\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which BX operates or controls, and is not designed to permit
unfair discrimination between customers, issuers, brokers or dealers.
All similarly situated members are subject to the same fee structure,
and access to BX is offered on fair and non-discriminatory terms. The
change is reasonable because the proposed fee for routing orders to PSX
reflects the increase in the fee that will be charged by PSX to BX with
respect to such orders.\7\ The change is consistent with an equitable
allocation of fees because it will bring the economic attributes of
routing orders to PSX in line with the cost of executing orders there.
Finally, the change is not unfairly discriminatory because it solely
applies to members that opt to route orders to PSX.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4) and (5).
    \7\ Depending on the listing venue of the security, BX will be
charged either $0.0019 or $0.0027 per share executed. BX believes
that it is appropriate to charge a markup with respect to routed
orders to reflect the costs of offering routing services and the
value of such services. Although the amount of the markup varies
depending on the listing venue of the security and the routing
strategy employed, BX believes that it is not inappropriate to
establish uniform fees for particular routing strategies, with a
goal of reflecting the complexity of the routing strategies and
allowing BX to recoup the fees charged by the venues to which BX
routes and a share of the fixed costs of operating these services,
and earning a return.
---------------------------------------------------------------------------

    Finally, BX notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive. In such an
environment, BX must continually adjust its fees to remain competitive
with other exchanges and with alternative trading systems that have
been exempted from compliance with the statutory standards applicable
to exchanges. BX believes that the proposed rule change reflects this
competitive environment because it is designed to ensure that the
charges for use of the BX routing facility to route to PSX reflect an
increase in the cost of such routing.

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

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order execution is extremely competitive, members may readily opt
to disfavor BX's routing services if they believe that alternatives
offer them better value. The proposed change is designed to ensure that
the charges for use of the BX routing facility to route to PSX reflect
an increase in the cost of such routing, thereby ensuring that it does
not incur a loss when routing to PSX.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\8\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(a)(ii). [sic]
---------------------------------------------------------------------------

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-BX-2012-058 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-058. This file
number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BX-2012-058, and should be submitted on or before August
31, 2012.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19607 Filed 8-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35196-35198]
[FR Doc No: 2017-15914]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-468-000]

Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Marshall County Mine Panel
18W Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Marshall County Mine Panel 18W
Project involving construction and operation of facilities by Texas
Eastern Transmission, LP (Texas Eastern) in Marshall County, West
Virginia. The Commission will use this EA in its decision-making
process to determine whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so

that the Commission receives them in Washington, DC on or before August
23, 2017.
    If you sent comments on this project to the Commission before the
opening of this docket on June 30, 2017, you will need to file those
comments in Docket No. CP17-468-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Texas Eastern provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow
these instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP17-468-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Texas Eastern proposes to excavate and elevate 1.6-mile-sections of
each of its Lines 10 (30-inch-diameter), 15 (30-inch-diameter), 30 (36-
inch-diameter), and a 1.5-mile-long section of its Line 25 (36-inch-
diameter) to minimize and monitor potential strains on the pipelines
due to anticipated longwall mining activities of Marshall Coal.
Concurrent with pipeline elevation, portions of two of the lines, Lines
10 and 15, would be replaced with new pipe to accommodate a minimum
Class 2 design.\1\ Texas Eastern will also perform maintenance
activities on sections of Lines 25 and 30. The four mainline sections
will be returned to natural gas service while remaining elevated using
sandbags and skids during the longwall mining activities and potential
ground subsidence. Once the mining-induced subsidence and the 2017-2018
heating season have both ended, the two sections of pipeline located
within wetlands will be removed and the four elevated pipeline sections
will be re-installed belowground, hydrostatically tested, and placed
back into service.
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    \1\ Lines 10 and 15 were installed prior to the effective date
of the Natural Gas Pipeline Safety Act, and are grandfathered to
operate at greater than 72% of Specified Minimum Yield Strength
(SMYS). The portions of these pipelines included in this Project
will be replaced with pipe that meets or exceeds the current
Pipeline and Hazardous Materials Safety Administration regulations.
See 49 CFR 192.611(a).
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    The general location of the project facilities is shown in appendix
1.\2\
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    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    Construction workspace would disturb about 56.9 acres of land for
the pipeline excavation, elevation, and/or replacement. Following
construction, Texas Eastern would maintain about 38.2 acres of existing
right-of-way for permanent operation of the project's facilities; the
remaining acreage would be restored and revert to former uses.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \3\ We, us, and our refer to the environmental staff of the
Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:

 Geology and soils;
 land use;
 water resources, fisheries, and wetlands;
 cultural resources;
 vegetation and wildlife;
 air quality and noise;
 endangered and threatened species;
 public safety; and
 cumulative impacts

    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to

formally cooperate with us in the preparation of the EA.\4\ Agencies
that would like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.
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    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\5\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

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

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an intervenor which is an official party to the Commission's
proceeding. Intervenors play a more formal role in the process and are
able to file briefs, appear at hearings, and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene. Instructions for becoming an intervenor are in the Document-
less Intervention Guide under the e-filing link on the Commission's Web
site. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP17-
468). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public sessions or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: July 24, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-15914 Filed 7-27-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27672-27673]
[FR Doc No: 2011-11625]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: US Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17a-2; SEC File No. 270-189; OMB Control No. 3235-0201.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in the following rule:
Rule 17a-2 (17 CFR 240.17a-2).
    Rule 17a-2 requires underwriters to maintain information regarding
stabilizing activities conducted in accordance with Rule 104. The
collections of information under Regulation M and Rule 17a-2 are
necessary for covered persons to obtain certain benefits or to comply
with certain requirements. The collections of information are necessary
to provide the Commission with information regarding syndicate covering
transactions and penalty bids. The Commission may review this
information during periodic examinations or with respect to
investigations. Except for the information required to be kept under
Rule 104(i) (17 CFR 242.104(i)) and Rule 17a-2(c), none of the
information required to be collected or disclosed for PRA purposes will
be kept confidential. The recordkeeping requirement of Rule 17a-2
requires the information be

maintained in a separate file, or in a separately retrievable format,
for a period of three years, the first two years in an easily
accessible place, consistent with the requirements of Exchange Act Rule
17a-4(f) (17 CFR 240.17a-4(f)).
    There are approximately 745 respondents per year that require an
aggregate total of 3,725 hours to comply with this rule. Each
respondent makes an estimated 1 annual response. Each response takes
approximately 5 hours to complete. Thus, the total compliance burden
per year is 3,725 burden hours. The total compliance cost for the
respondents is approximately $212,213.25, resulting in a cost of
compliance for the respondent per response of approximately $284.85
(i.e., $212,213.25/745 responses).
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
    Background documentation for this information collection may be
viewed at the following link, http://www.reginfo.gov. Comments should
be directed to (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503 or by sending an e-mail to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief Information Officer,
Securities and Exchange Commission, c/o Remi Pavlik-Simon, 6432 General
Green Way, Alexandria, VA 22312 or send an e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    May 8, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11625 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P