[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53485-53487]
[FR Doc No: 2018-23060]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1533]

Agency Information Collection Activities; Proposed Collection;
Comment Request; National Panel of Tobacco Consumer Studies

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the National Panel of Tobacco
Consumer Studies.

DATES: Submit either electronic or written comments on the collection
of information by December 24, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before December 24, 2018. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of December 24, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-N-1533 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; National Panel of Tobacco
Consumer Studies.'' Received comments, those filed in a timely manner
(see ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available

for public viewing and posted on https://www.regulations.gov. Submit
both copies to the Dockets Management Staff. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, 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: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

National Panel of Tobacco Consumer Studies

OMB Control Number 0910-0815--Extension

I. Background

    FDA's Center for Tobacco Products (CTP) established a national,
primarily web-based panel of about 4,000 tobacco users. The panel
includes individuals who can participate in up to eight studies over a
3-year period to assess consumers' responses to tobacco marketing,
warning statements, product labels, and other communications about
tobacco products. CTP established the panel of consumers because
currently existing panels have a number of significant limitations.
First, many existing consumer panels are drawn from convenience samples
that limit the generalizability of study findings (Ref. 1). Second,
although at least two probability-based panels of consumers exist in
the United States, there is a concern that responses to the studies
using tobacco users in these panels may be biased due to panel
conditioning effects (Refs. 2 and 3). That is, consumers in these
panels complete surveys so frequently that their responses may not
adequately represent the population as a whole. Panel conditioning has
been associated with repeated measurement on the same topic (Ref. 4),
panel tenure (Ref. 2), and frequency of the survey request (Ref. 3).
This issue is of particular concern for tobacco users who represent a
minority of the members in the panels, and so may be more likely to be
selected for participation in experiments and/or surveys related to
tobacco products. Third, a key benefit of the web panel approach is
that the surveys can include multimedia, such as images of tobacco
product packages, tobacco advertising, new and existing warning
statements and labels, and potential reduced harm claims in the form of
labels and print advertisements. Establishing a primarily web-based
panel of tobacco users through in-person probability-based recruitment
of eligible adults and limiting the number of times individuals
participate in tobacco-related studies will result in nationally
representative and unbiased data collection on matters of importance
for FDA.
    With this submission, FDA seeks an extension on the currently
approved information collection request from OMB for remaining planned
panel maintenance and replenishment activities for the National Panel
of Tobacco Consumer Studies. Data collection activities will involve
mail and in-person household screening, in-person recruitment of
tobacco users, enrollment of selected household members, and
administration of a baseline survey, following all required informed
consent procedures for panel members. Panel members will be asked to
participate in up to eight experimental and observational studies over
the 3-year panel commitment period. The first of these panel studies,
Study A ``Brands and Purchasing Behavior,'' was included in the
currently approved information collection request; approval for Studies
B, C, and D are included in this extension request. The first of these
panel studies, Study A ``Brands and Purchasing Behavior,'' was included
in the currently approved information collection request. Study B
``Coupons and Free Samples,'' Study C ``Consumer Perceptions of Product
Standards,'' and Study D ``Hypothetical Purchasing of Tobacco
Products'' are included in this request for extension. Study B will be
an observational study offered to all panelists that will provide a
more in-depth examination of tobacco product promotions, namely free
samples and coupons, after the ban on distribution of free samples of
tobacco products (with the exception of certain smokeless tobacco
exemptions) that went into effect when FDA finalized the ``Deeming
Rule'' on August 8, 2016 (published May 10, 2016 (81 FR 28973)) that
extended FDA's regulatory authority to all tobacco products. Study C
will be an experimental study examining how a hypothetical tobacco
product standard may impact consumers' perceptions, attitudes, and
tobacco use behavioral intentions. Study D will be an experimental
study using behavioral economic methods that seeks to understand how
the availability or lack of availability of menthol cigarettes
potentially impacts adult cigarette smokers' product purchasing
choices. The current request also seeks approval to update the
estimated burden for an additional year of panel replenishment. The
overall purpose of the data collection is to collect information from

a national sample of tobacco users to provide data that may be used to
develop and support FDA's policies related to tobacco products,
including their labels, labeling, and advertising.
    The target population for the panel is tobacco users aged 18 years
and older in housing units and in noninstitutionalized group quarters
in the 50 states and the District of Columbia. A stratified four-stage
sample design was used, with a goal of recruiting 4,000 adult tobacco
users into the sample panel. The sample is designed to allow in-depth
analysis of subgroups of interest and to the extent possible, provide
insight into tobacco users more generally. Replenishment will be
conducted to maintain the panel with a constant number of members
following existing panel recruitment and enrollment methods.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden 1
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                                                   No. of
                                   No. of       responses per   Total annual     Average burden    Total hours 3
     Activity/respondent         respondents    respondent 2     responses 3      per response

----------------------------------------------------------------------------------------------------------------
Household Screening                    35,885            0.33          11,842  0.13 (8 minutes).           1,539
 Respondent 4.
Panel Member Enrollment                 4,000            0.33           1,320  0.25 (15 minutes)             330
 Survey.
Panel Member Baseline Survey.  ..............            0.33           1,320  0.25 (15 minutes)             330
Study A......................  ..............            0.33           1,320  0.33 (20 minutes)             436
Study B......................  ..............            0.33           1,320  0.33 (20 minutes)             436
Study C......................  ..............            0.33           1,320  0.33 (20 minutes)             436
Study D......................  ..............            0.33           1,320  0.33 (20 minutes)             436
Panel Replenishment Household          30,855            0.33          10,182  0.13 (8 minutes).           1,324
 Screening Respondent.
Panel Replenishment                     4,200            0.33           1,386  0.25 (15 minutes)             347
 Enrollment Survey 5.
Panel Replenishment Baseline   ..............            0.33           1,386  0.25 (15 minutes)             347
 Survey 5.
                              ----------------------------------------------------------------------------------
    Total....................  ..............  ..............  ..............  .................           5,961
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1 There are no capital costs or operating and maintenance costs associated with this collection of information.
2 Assumes respondents will participate once over a 3-year period, or 0.33 responses annually.
3 Amounts are rounded to the nearest whole number.
4 Includes both mail and field screening.
5 Assumes 1,400 additional panel members will be recruited annually (4,200 total) as part of the panel
  replenishment effort.

    FDA's burden estimate is based on timed-readings of each
instrument, including the mail and field screeners, enrollment survey,
baseline survey, and Study A-D questionnaires. Of the total screening
respondents, we expect 25 percent will respond only in the mail
screening (household deemed ineligible), 65 percent will respond only
in the field screening (mail screening nonrespondents), and the
remaining 10 percent will respond in both the mail screening and the
field screening. The latter includes eligible households from the mail
screening that are subsequently field-screened to sample the panel
member, and the 10 percent quality control sample of households whose
mail screening ineligibility is verified through in-person screening.
This assumes an estimated 10,285 household screening respondent during
yearly panel replenishment (30,855 total). Replenishment panel members
replace original panel members and become part of the 4,000-member
panel that receives experimental/observational and panel maintenance
surveys. This extension reflects an increase of 1,527 hours due to an
additional year of panel replenishment and fielding of Studies B, C,
and D. The estimated burden assumes 10,285 household screening
respondents during yearly panel replenishment (30,855 total) and 1,400
additional panel members recruited annually (4,200 total) as part of
the panel replenishment effort.

II. References

    The following references are on display at the Dockets Management
Staff (see ADDRESSES) and are available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also
available electronically at https://www.regulations.gov. FDA has
verified the website addresses, as of the date this document publishes
in the Federal Register, but websites are subject to change over time.

1. Baker, R., Blumberg, S., Brick, M., et al., 2010, ``American
Association for Public Opinion Research Report on Online Panels.''
Public Opinion Quarterly, 74(4), pp. 711-781.
2. Coen, T., Lorch, J. and Piekarski, L., 2005, ``The Effects of
Survey Frequency on Panelists' Responses. Worldwide Panel Research:
Developments and Progress,'' Amsterdam, European Society for Opinion
and Marketing Research.
3. Nancarrow, C. and Catwright, T., 2007, ``Online Access Panels and
Tracking Research, The Conditioning Issue,'' International Journal
of Market Research, 49(5), pp. 435-447.
4. Kruse, Y., Callegaro, M., Dennis, J. M., et al., 2009, Panel
Conditioning and Attrition in the AP-Yahoo! News Election Panel
Study, Paper presented at the American Association for Public
Opinion Research 64th Annual Conference.

    Dated: October 17, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-23060 Filed 10-22-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Pages 31620-31622]
[FR Doc No: 2015-13399]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2015-0014]

Maritime Advisory Committee for Occupational Safety and Health
(MACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for nomination of members to serve on the Maritime
Advisory Committee for Occupational Safety and Health.

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SUMMARY: OSHA invites interested persons to submit nominations for
membership on the Maritime Advisory Committee for Occupational Safety
and Health.

DATES: You must submit nominations for MACOSH membership (POSTMARKED,
SENT, TRANSMITTED, OR RECEIVED) by July 20, 2015.

ADDRESSES: You may submit nominations and supporting materials by one
of the following methods:
    Electronically: You may submit nominations, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting nominations;
    Facsimile: If your nomination and supporting materials, including
attachments, do not exceed 10 pages, you may fax them to the OSHA
Docket Office at<PHONE_NUMBER>;
    Regular mail, express mail, hand delivery, and messenger or courier

service: You may submit nominations and supporting materials to the
OSHA Docket Office, Docket No. OSHA-2015-0014, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (express mail, hand (courier) delivery, and messenger
service) are accepted during the Docket Office's normal business hours,
8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the agency name and
docket number for this Federal Register notice (Docket No. OSHA-2015-
0014). Because of security-related procedures, submissions by regular
mail may result in a significant delay in receipt. Please contact the
OSHA Docket Office for information about security procedures for making
submissions by express mail, hand (courier) delivery, and messenger
service.
    OSHA will post submissions in response to this Federal Register
notice, including personal information provided, without change at
http://www.regulations.gov. Therefore, OSHA cautions interested parties
about submitting personal information such as Social Security numbers
and birthdates.
    Docket: To read or download submissions in response to this Federal
Register notice, go to Docket No. OSHA-2015-0014 at http://www.regulations.gov. All documents in the docket are available in the
http://www.regulations.gov index; however, some documents (e.g.,
copyrighted material) are not publicly available to read or download
through that Web page. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank
Meilinger, Director, OSHA Office of Communications, U.S. Department of
Labor, Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For general information about MACOSH: Ms. Amy Wangdahl, Director,
Office of Maritime and Agriculture, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For copies of this Federal Register notice: Electronic copies of
this Federal Register notice are available at http://www.regulations.gov. This notice, as well as news releases and other
relevant information, are also available at OSHA's Web page at:
www.osha.gov.

SUPPLEMENTARY INFORMATION: The Assistant Secretary of Labor for
Occupational Safety and Health invites interested persons to submit
nominations for membership on MACOSH.

Background

    The Secretary of Labor renewed the MACOSH charter for two years on
April 30, 2015. MACOSH is a Federal Advisory Committee established
under the authority of the Occupational Safety and Health Act (OSH Act)
(29 U.S.C. 651 et seq.), the Federal Advisory Committee Act (FACA) 5
U.S.C. App. 2, and regulations issued pursuant to those statutes (29
CFR part 1912, 41 CFR part 102-3). The Committee advises the Secretary
of Labor on matters relating to occupational safety and health
programs, enforcement, new initiatives, and standards for the maritime
industries of the United States, which include longshoring, marine
terminals, commercial fishing, and shipyard employment. OSHA invites
persons interested in serving on MACOSH to submit their names for
consideration for Committee membership.
    MACOSH reports to the Secretary of Labor through OSHA, and
functions solely as an advisory body. MACOSH provides recommendations
and advice to the Department of Labor and OSHA on various policy issues
pertaining to safe and healthful employment in the maritime industries.
The Secretary of Labor consults with MACOSH on various subjects,
including: Ways to increase the effectiveness of safety and health
standards that apply to the maritime industries, injury and illness
prevention, the use of stakeholder partnerships to improve training and
outreach initiatives, and ways to increase the national dialogue on
occupational safety and health. In addition, MACOSH provides advice on
enforcement initiatives that will improve the working conditions and
the safety and health of workers in the maritime industries. The
Committee meets approximately two times per year. Committee members
serve without compensation, but OSHA provides travel and per diem
expenses. Members serve a two-year term, which begins from the date of
appointment by the Secretary of Labor. The current MACOSH membership
term expires on January 16, 2016.

MACOSH Membership

    MACOSH consists of not more than 15 members appointed by the
Secretary of Labor. The Agency seeks committed MACOSH members who have
a strong interest in the safety and health of workers in the maritime
industries. The U.S. Department of Labor is committed to equal
opportunity in the workplace. The Secretary of Labor will appoint
members to create a broad-based, balanced and diverse committee
reflecting the shipyard, longshoring, and commercial fishing
industries, and representing affected interests such as employers,
employees, safety and health professional organizations, government
organizations with interests or activities related to the maritime
industry, academia, and the public.
    Nominations of new members or resubmissions of former or current
members will be accepted in all categories of membership. Interested
persons may nominate themselves or submit the name of another person
whom they believe to be interested in, and qualified to serve on,
MACOSH. Nominations may also be submitted by organizations from one of
the categories listed above.

Submission Requirements

    Nominations must include the following information:
    (1) Nominee's contact information and current employment or
position;
    (2) Nominee's resume or curriculum vitae, including prior
membership on MACOSH and other relevant organizations and associations;
    (3) Maritime industry interest (e.g., employer, employee, public,
safety and health professional organization, state safety and health
agency, academia) that the nominee is qualified to represent;
    (4) A summary of the background, experience, and qualifications
that addresses the nominee's suitability for membership; and
    (5) A statement that the nominee is aware of the nomination, is
willing to regularly attend and participate in MACOSH meetings, and has
no conflicts of interest that would preclude membership on MACOSH.
    OSHA will conduct a basic background check of candidates before
their appointment to MACOSH. The background check will involve
accessing publicly available, Internet-based sources.

Member Selection

    The Secretary of Labor will select MACOSH members based on their
experience, knowledge, and competence in the field of occupational
safety and health, particularly in the maritime industries. Information
received through this nomination process, and other relevant sources of
information, will assist the Secretary of Labor in appointing members
to MACOSH. In selecting MACOSH members, the

Secretary of Labor will consider individuals nominated in response to
this Federal Register notice, as well as other qualified individuals.
OSHA will publish a list of MACOSH members in the Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice under the authority granted by 29 U.S.C. 655(b)(1) and 656(b), 5
U.S.C. App. 2, Secretary of Labor's Order No. 1-2012 (77 FR 3912), and
29 CFR part 1912.

    Signed at Washington, DC, on May 27, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-13399 Filed 6-2-15; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Pages 38312-38315]
[FR Doc No: 2019-16717]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86532; File No. SR-NYSEArca-2019-02]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To
List and Trade the Shares of the ProShares UltraPro 3x Natural Gas ETF
and ProShares UltraPro 3x Short Natural Gas ETF Under NYSE Arca Rule
8.200-E

July 31, 2019.

I. Introduction

    On January 28, 2019, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1)\1\ of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \2\ and Rule 19b-4
thereunder,\3\ a proposed rule change to list and trade shares
(``Shares'') of the ProShares UltraPro 3x Natural Gas ETF and ProShares
UltraPro 3x Short Natural Gas ETF (individually, ``Fund,'' and
collectively, ``Funds'') under NYSE Arca Equities Rule 8.200-E. The
proposed rule change was published for comment in the Federal Register
on February 15, 2019.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 85088 (Feb. 11,
2019), 84 FR 4573 (``Notice'').
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    On March 26, 2019, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\6\ On May 15, 2019, the Commission instituted proceedings under
Section 19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change.\8\ In the Order Instituting
Proceedings, the Commission solicited comments on specified matters
related to the proposal.\9\ On June 26, 2019, the Exchange filed
Amendment No. 1 to the proposed rule change.\10\ The Commission has
received no comments on the proposal. This order grants approval of the
proposed rule change, as modified by Amendment No. 1.
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    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 85417, 84 FR 12304
(Apr. 1, 2019). The Commission designated May 16, 2019, as the date
by which the Commission shall approve or disapprove, or institute
proceedings to determine whether to approve or disapprove, the
proposed rule change.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 85860, 84 FR 23103
(May 21, 2019) (``Order Instituting Proceedings'').
    \9\ Specifically, the Commission instituted proceedings to allow
for additional analysis of the proposed rule change's consistency
with Section 6(b)(5) of the Act, which requires, among other things,
that the rules of a national securities exchange be ``designed to
prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade,'' and ``to protect investors
and the public interest.'' See id., 84 FR at 23104.
    \10\ In Amendment No. 1, which amended and replaced the proposed
rule change in its entirety, the Exchange clarified: (a) That each
Fund will seek to invest in Futures Contracts (as defined herein)
listed on NYMEX (as defined herein); (b) the specific circumstances
and conditions under which a Fund may obtain exposure to the
Benchmark (as defined herein) through investments in Financial
Instruments (as defined herein); (c) the trading volume and open
interest in natural gas futures contracts; (d) the trading hours of
the natural gas futures contracts, the designated settlement time of
the natural gas futures contracts, and the daily Benchmark closing
value calculation time; and (e) that prior to the commencement of
trading, the Exchange will inform its ETP Holders (as defined
herein) of the suitability requirements of NYSE Arca Equities Rule
9.2-E(a) in an information bulletin. In addition, the Exchange made
other technical, conforming, and non-substantive changes to the
proposal. Because the changes in Amendment No. 1 do not materially
alter the substance of the proposed rule change or raise unique or
novel regulatory issues, Amendment No. 1 is not subject to notice
and comment. Amendment No. 1 is available on the Commission's
website at: https://www.sec.gov/comments/sr-nysearca-2019-02/srnysearca201902-5736053-186688.pdf.
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II. Exchange's Description of the Proposal, as Modified by Amendment
No. 1 11
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    \11\ The Commission notes that additional information regarding,
among other things, the Shares, Funds, investment objectives,
permitted investments, investment strategies and methodologies,
investment restrictions, creation and redemption procedures,
availability of information, trading rules and halts, and
surveillance procedures, can be found in the Notice (see supra note
4) and the Registration Statement (see infra note 13), as
applicable.
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    The Exchange proposes to list and trade the Shares of each Fund
under NYSE Arca Rule 8.200-E, Commentary .02, which governs the listing
and trading of Trust Issued Receipts.\12\ Each Fund is a series of the
ProShares Trust II (``Trust''), a Delaware statutory trust.\13\ The
Trust and the Funds are managed and controlled by ProShare Capital
Management LLC (``ProShare Capital'' or ``Sponsor''). ProShare Capital
is registered as a commodity pool operator with the Commodity Futures
Trading Commission and is a member of the National Futures Association.
The Bank of New York Mellon will be the custodian, transfer agent, and
administrator for the Funds. SEI Investments Distribution Co. will
serve as distributor for the Funds.
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    \12\ Commentary .02 to NYSE Arca Rule 8.200-E applies to Trust
Issued Receipts that invest in ``Financial Instruments.'' The term
``Financial Instruments,'' as defined in Commentary .02(b)(4) to
NYSE Arca Rule 8.200-E, means any combination of investments,
including cash; securities; options on securities and indices;
futures contracts; options on futures contracts; forward contracts;
equity caps, collars, and floors; and swap agreements.
    \13\ The Trust is registered under the Securities Act of 1933.
On May 19, 2017, the Trust filed with the Commission a registration
statement on Form S-1 under the Securities Act of 1933 relating to
the Funds (File No. 333-218136) (``Registration Statement'').
---------------------------------------------------------------------------

Overview of the Funds

    The investment objective of the ProShares UltraPro 3x Natural Gas
ETF is to seek daily \14\ investment results (before fees and expenses)
that correspond to three times (3x) the performance of the Bloomberg
Natural Gas Subindex (``Benchmark''). The investment objective of the
ProShares UltraPro 3x Short Natural Gas ETF is to seek daily investment
results (before fees and expenses) that correspond to three times the
inverse (-3x) of the performance of the Benchmark. The Benchmark is
intended to reflect the performance of a rolling position in natural
gas futures contracts listed on the New York Mercantile Exchange
(``NYMEX,'' which is part of the CME Group, Inc.), without regard to
income earned on cash positions.
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    \14\ Each Fund seeks to achieve its investment objective for a
single day, and not for any other period. The Exchange states that
the return of a Fund for a period longer than a single trading day
is the result of its return for each day compounded over the period
and thus will usually differ from a Fund's multiple times the return
of the Benchmark for the same period.
---------------------------------------------------------------------------

Investments of the Funds

    In seeking to achieve the Funds' investment objectives, ProShare
Capital will utilize a mathematical approach to determine the type,
quantity, and mix of investment positions that ProShare Capital
believes, in combination, should produce daily returns consistent with
the Funds' respective objectives. Each Fund will seek to meet its
respective investment objective by investing, under normal market
conditions,\15\ in NYMEX-

listed futures contracts and NYMEX-listed options on such futures
contracts (collectively, ``Futures Contracts'').\16\ The Funds will not
invest directly in natural gas. The Funds' investments in Futures
Contracts will be used to produce economically ``leveraged'' or
``inverse leveraged'' investment results for the Funds.
---------------------------------------------------------------------------

    \15\ The term ``normal market conditions'' includes, but is not
limited to, the absence of: trading halts in the applicable
financial markets generally; operational issues (e.g., systems
failure) causing dissemination of inaccurate market information; or
force majeure type events such as natural or manmade disaster, act
of God, armed conflict, act of terrorism, riot or labor disruption,
or any similar intervening circumstance. See NYSE Arca Rule 8.600-
E(c)(5).
    \16\ According to the Exchange, a Futures Contract is a
standardized contract traded on, or subject to the rules of, an
exchange that calls for the future delivery of a specified quantity
and type of a particular underlying asset at a specified time and
place or alternatively may call for cash settlement. The notional
size and calendar term Futures Contracts on a particular underlying
asset are identical and are not subject to any negotiation, other
than with respect to price and the number of contracts traded
between the buyer and seller. Natural gas futures contracts listed
on NYMEX have significant volume and open interest. Year-to-date (as
of 3/27/19) average daily dollar volume of the first and second
month contracts combined is over $6 billion per day and current open
is over $10 billion.
---------------------------------------------------------------------------

    Each Fund may, to a lesser extent and in view of regulatory
requirements and/or market conditions,\17\ obtain exposure to the
Benchmark through investment in over-the-counter (``OTC'') swap
transactions and forward contracts based on such Benchmark (``Financial
Instruments''). A Fund may invest in Financial Instruments: (i) If
position, price or accountability limits are reached with respect to
Futures Contracts; \18\ (ii) if margin requirements or exposure limits
are reached with a particular futures commission merchant; (iii) if the
market for a specific futures contract experiences emergencies (e.g.,
natural disaster, terrorist attack or an act of God) or disruptions
(e.g., trading halt or ``flash crash''); (iv) to maintain or increase
portfolio diversification or liquidity or to obtain more favorable
pricing; (v) to mitigate credit risk or exposure; or (vi) if the
Sponsor deems it impractical or otherwise not in the best interest of a
Fund to buy or sell Futures Contracts (such as during periods of market
volatility or illiquidity).
---------------------------------------------------------------------------

    \17\ Market conditions that the Sponsor currently anticipates
could cause a Fund to invest in Financial Instruments include, among
others, conditions where the Sponsor believes the use of Financial
Instruments would allow a Fund to obtain greater liquidity or more
favorable pricing.
    \18\ According to the Exchange, many designated contract
markets, such as the NYMEX, have established accountability levels
and position limits on the maximum net long or net short futures
contracts in commodity interests that any person or group of persons
under common trading control may hold, own or control. In addition,
NYMEX also sets price fluctuation limits on futures contracts.
Options do not have individual price limits but rather are linked to
the price limit of Futures Contracts.
---------------------------------------------------------------------------

    Each Fund will also hold cash or cash equivalents, such as U.S.
Treasury securities or other high credit quality, short-term fixed-
income or similar securities (such as shares of money market funds and
collateralized repurchase agreements), pending investment in Futures
Contracts or Financial Instruments or as collateral for the Funds'
investments.
    In addition, to the extent a Fund enters into swap agreements and
other OTC transactions, it will do so only with large, established and
well capitalized financial institutions that meet the Sponsor's credit
quality standards and monitoring policies. Each Fund will use various
techniques to minimize credit risk including early termination or reset
and payment, using different counterparties and limiting the net amount
due from any individual counterparty.
    The Funds do not intend to hold Futures Contracts through
expiration, but instead intend to ``roll'' or close their respective
positions before expiration.\19\ The Exchange states that the Funds do
not expect to have exposure to Futures Contracts and Financial
Instruments greater than three times (3x) the Funds' net assets. The
Exchange further represents that not more than 10% of the net assets of
a Fund in the aggregate invested in Futures Contracts will consist of
Futures Contracts whose principal market is not a member of the
Intermarket Surveillance Group (``ISG'') or is a market with which the
Exchange does not have a comprehensive surveillance sharing agreement
(``CSSA'').
---------------------------------------------------------------------------

    \19\ The Funds also may invest in options on Futures Contracts.
Unlike Futures Contracts, which the Funds intend to roll before
expiration, the Funds intend to hold ``in-the-money'' options on
Futures Contracts to expiration. The Funds expect to exercise in-
the-money options on Futures Contracts at expiration of the options
contract and they would settle through receipt or delivery of the
underlying Futures Contracts. The Funds expect to hold out-of-the
money options to expiration and that they will be expired worthless.
Options on Futures Contracts are subject to the effects of contango
and backwardation to the same general extent as their underlying
Futures Contracts.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Exchange
Act and the rules and regulations thereunder applicable to a national
securities exchange.\20\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 1, is consistent
with Section 6(b)(5) of the Exchange Act,\21\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The
Commission also finds that the proposal to list and trade the Shares on
the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Exchange Act,\22\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities.
---------------------------------------------------------------------------

    \20\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    According to the Exchange, quotation and last-sale information
regarding the Shares will be disseminated through the facilities of the
Consolidated Tape Association. Quotation information for cash
equivalents and OTC Financial Instruments may be obtained from brokers
and dealers who make markets in such instruments. Quotation information
for exchange-traded swaps will be available from the applicable
exchange and major market vendors. The intraday, closing prices, and
settlement prices of the Futures Contracts will be readily available
from the applicable futures exchange websites, automated quotation
systems, published or other public sources, or major market data
vendors. Complete real-time data for the Futures Contracts is available
by subscription through on-line information services. ICE Futures U.S.
and NYMEX also provide delayed futures and options on futures
information on current and past trading sessions and market news free
of charge on their respective websites. The specific contract
specifications for Futures Contracts are also available on such
websites, as well as other financial informational sources. Intra-day
price and closing price level information for the Benchmark will be
available from major market data vendors.
    The Funds' website will display the applicable end of day closing
net asset value (``NAV''). The daily holdings of each Fund will be
available on the Funds' website. The Funds' website will also include a
form of the prospectus for the Funds that may be downloaded. The
website will include the Shares' ticker and CUSIP information, along
with

additional quantitative information updated on a daily basis for each
Fund.\23\ The website disclosure of portfolio holdings will be made
daily and will include, as applicable, (i) the name, quantity, value,
expiration, and strike price of Futures Contracts, (ii) the
counterparty to and value of swap agreements and forward contracts, and
(iii) the aggregate net value of other assets (i.e., Treasury
securities, cash equivalents, and cash) held in each Fund's portfolio,
if applicable. The Funds' website will be publicly available at the
time of the public offering of Shares and accessible at no charge. The
spot price of natural gas also is available on a 24-hour basis from
major market data vendors.
---------------------------------------------------------------------------

    \23\ The Funds' website will include: (1) Daily trading volume,
the prior business day's reported NAV and closing price, and a
calculation of the premium and discount of the closing price or mid-
point of the bid/ask spread at the time of NAV calculation (``Bid/
Ask Price'') against the NAV; and (2) data in chart format
displaying the frequency distribution of discounts and premiums of
the daily closing price or Bid/Ask Price against the NAV, within
appropriate ranges, for at least each of the four previous calendar
quarters.
---------------------------------------------------------------------------

    Each Fund's NAV will be calculated on each day other than a day
when the Exchange is closed for regular trading. The Funds will
typically compute their NAVs as of 2:30 p.m. Eastern Time (``E.T.''),
which is the designated settlement time of the natural gas futures
listed on NYMEX,\24\ or an earlier time as set forth on
www.ProShares.com, if necessitated by the Exchange or other exchange
material to the valuation or operation of such Fund closing early. Each
Fund's NAV is calculated only once each trading day. In order to
provide updated information relating to a Fund for use by investors and
market professionals, the Exchange will calculate an updated IFV, which
will be calculated by using the prior day's closing NAV per Share of a
Fund as a base and will be updated throughout the Core Trading Session
of 9:30 a.m. E.T. to 4:00 p.m. E.T. to reflect changes in the
approximate aggregate per Share value of the investments held by a Fund
based on the most recently available prices for the Fund's investments.
The IFV will be disseminated on a per Share basis every 15 seconds
during the Exchange's Core Trading Session and be widely disseminated
by one or more major market data vendors during the NYSE Arca Core
Trading Session. The NAV for the Shares will be disseminated daily to
all market participants at the same time.
---------------------------------------------------------------------------

    \24\ The daily closing value of the Benchmark is calculated as
of 2:30 p.m. E.T. to coincide with the designated settlement time of
the natural gas futures listed on NYMEX. These contracts generally
trade 23 hours a day, Sunday through Friday from 6:00 p.m. E.T. with
a 60-minute break each day beginning at 5:00 p.m. E.T. The Fund's
Indicative Fund Value (``IFV'') is updated to reflect the price of
these contracts up until 4:00 p.m.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. If the Exchange becomes aware that the NAV with respect to the
Shares is not disseminated to all market participants at the same time,
it will halt trading in the Shares until such time as the NAV is
available to all market participants. Further, the Exchange may halt
trading during the day in which an interruption to the dissemination of
the IFV or the value of the Benchmark occurs. If the interruption to
the dissemination of the IFV or the value of the Benchmark persists
past the trading day in which it occurred, the Exchange will halt
trading no later than the beginning of the trading day following the
interruption. Trading in Shares of a Fund will be halted if the circuit
breaker parameters in NYSE Arca Equities Rule 7.12-E have been reached.
Trading also may be halted because of market conditions or for reasons
that, in the view of the Exchange, make trading in the Shares
inadvisable. The Exchange states that it has a general policy
prohibiting the distribution of material, non-public information by its
employees. Moreover, trading of the Shares will be subject to NYSE Arca
Equities Rule 8.200-E, Commentary .02(e), which sets forth certain
restrictions on Equity Trading Permit (``ETP'') Holders acting as
registered Market Makers in Trust Issued Receipts to facilitate
surveillance.
    The Commission notes that the Exchange or the Financial Industry
Regulatory Authority (``FINRA''), on behalf of the Exchange, or both,
will communicate as needed regarding trading in the Shares and certain
Futures Contracts with other markets and other entities that are
members of the ISG, and the Exchange or FINRA, on behalf of the
Exchange, or both, may obtain trading information regarding trading in
the Shares and certain Futures Contracts from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in the Shares and certain Futures Contracts from markets and
other entities that are members of ISG or with which the Exchange has
in place a CSSA.\25\ The Exchange is also able to obtain information
regarding trading in the Shares, the physical commodities underlying
Futures Contracts through ETP Holders, in connection with such ETP
Holders' proprietary or customer trades which they effect through ETP
Holders on any relevant market. The Exchange can obtain market
surveillance information, including customer identity information, with
respect to transactions (including transactions in Futures Contracts)
occurring on US futures exchanges, which are members of the ISG.
---------------------------------------------------------------------------

    \25\ For a list of the current members of ISG, see
www.isgportal.org. According to the Exchange, not all components of
a Fund may trade on markets that are members of ISG or with which
the Exchange has in place a CSSA.
---------------------------------------------------------------------------

    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. In support of this
proposal, the Exchange represented that:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.200-E.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) Trading in the Shares will be subject to the existing trading
surveillances administered by the Exchange, as well as cross-market
surveillances administered by FINRA on behalf of the Exchange, which
are designed to detect violations of Exchange rules and applicable
federal securities laws, and these procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and federal securities
laws applicable to trading on the Exchange.
    (4) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The risks involved in trading the Shares during the Early and Late
Trading Sessions when an updated IFV will not be calculated or publicly
disseminated; (b) the procedures for purchases and redemptions of
Shares in Creation Units (and that Shares are not individually
redeemable); (c) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (d) how
information regarding the IFV is

disseminated; (e) how information regarding portfolio holdings is
disseminated; (f) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; (g) trading information; and
(h) NYSE Arca suitability rules.
    (5) Prior to the commencement of trading, the Exchange will inform
its ETP Holders of the suitability requirements of NYSE Arca Equities
Rule 9.2-E(a) in an Information Bulletin. Specifically, ETP Holders
will be reminded in the Information Bulletin that, in recommending
transactions in the Shares, they must have a reasonable basis to
believe that (a) the recommendation is suitable for a customer given
reasonable inquiry concerning the customer's investment objectives,
financial situation, needs, and any other information known by such ETP
Holder, and (b) the customer can evaluate the special characteristics,
and is able to bear the financial risks, of an investment in the
Shares. In connection with the suitability obligation, the Information
Bulletin will also provide that ETP Holders must make reasonable
efforts to obtain the following information: (i) The customer's
financial status; (ii) the customer's tax status; (iii) the customer's
investment objectives; and (iv) such other information used or
considered to be reasonable by such ETP Holder or registered
representative in making recommendations to the customer.
    (6) FINRA has implemented increased sales practice and customer
margin requirements for FINRA members applicable to inverse, leveraged
and inverse leveraged securities (which include the Shares) and options
on such securities, as described in FINRA Regulatory Notices 09-31
(June 2009), 09-53 (August 2009), and 09-65 (November 2009). ETP
Holders that carry customer accounts will be required to follow the
FINRA guidance set forth in these notices.
    (7) For initial and continued listing, each Fund will be in
compliance with Rule 10A-3 under the Act, \26\ as provided by NYSE Arca
Equities Rule 5.3-E.
---------------------------------------------------------------------------

    \26\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (8) Each Fund will seek to meet its respective investment objective
by investing, under normal market conditions, in NYMEX-listed Futures
Contracts. The Funds will not invest directly in natural gas.
    (9) Each Fund may, to a lesser extent and in view of regulatory
requirements and/or market conditions, \27\ obtain exposure to the
Benchmark through investment in OTC Financial Instruments. A Fund may
invest in Financial Instruments: (i) If position, price or
accountability limits are reached with respect to Futures Contracts;
\28\ (ii) if margin requirements or exposure limits are reached with a
particular futures commission merchant; (iii) if the market for a
specific futures contract experiences emergencies (e.g., natural
disaster, terrorist attack or an act of God) or disruptions (e.g.,
trading halt or ``flash crash''); (iv) to maintain or increase
portfolio diversification or liquidity or to obtain more favorable
pricing; (v) to mitigate credit risk or exposure; or (vi) if the
Sponsor deems it impractical or otherwise not in the best interest of a
Fund to buy or sell Futures Contracts (such as during periods of market
volatility or illiquidity).
---------------------------------------------------------------------------

    \27\ See supra note 17 and accompanying text.
    \28\ See supra note 18 and accompanying text.
---------------------------------------------------------------------------

    (10) The Funds do not expect to have exposure to Futures Contracts
and Financial Instruments greater than three times (3x) the Funds' net
assets as of the time the NAV is calculated.
    (11) Not more than 10% of the net assets of a Fund in the aggregate
invested in Futures Contracts shall consist of Futures Contracts whose
principal market is not a member of the ISG or is a market with which
the Exchange does not have a CSSA.
    (12) To the extent a Fund enters into swap agreements and other OTC
transactions, it will do so only with large, established and well
capitalized financial institutions that meet the Sponsor's credit
quality standards and monitoring policies. Each Fund will use various
techniques to minimize credit risk including early termination or reset
and payment, using different counterparties and limiting the net amount
due from any individual counterparty.
    (13) A minimum of 100,000 Shares of each Fund will be outstanding
at the commencement of trading on the Exchange.
    The Exchange represents that all statements and representations
made in this filing regarding (a) the description of the portfolios of
the Funds or Benchmark, (b) limitations on portfolio holdings or the
Benchmark, or (c) the applicability of Exchange listing rules specified
in this rule filing shall constitute continued listing requirements for
listing the Shares on the Exchange. The issuer has represented to the
Exchange that it will advise the Exchange of any failure by the Funds
to comply with the continued listing requirements, and, pursuant to its
obligations under Section 19(g)(1) of the Act, the Exchange will
monitor for compliance with the continued listing requirements.\29\ If
a Fund is not in compliance with the applicable listing requirements,
the Exchange will commence delisting procedures under NYSE Arca
Equities Rule 5.5-E(m).
---------------------------------------------------------------------------

    \29\ The Commission notes that certain other proposals for the
listing and trading of Managed Fund Shares include a representation
that the exchange will ``surveil'' for compliance with the continued
listing requirements. See, e.g., Securities Exchange Act Release No.
77499 (April 1, 2016), 81 FR 20428 (April 7, 2016) (Notice of Filing
of Amendment No. 2, and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 2, to List and
Trade Shares of the SPDR DoubleLine Short Duration Total Return
Tactical ETF of the SSgA Active Trust), available at: http://www.sec.gov/rules/sro/bats/2016/34-77499.pdf. In the context of this
representation, it is the Commission's view that ``monitor'' and
``surveil'' both mean ongoing oversight of the Fund's compliance
with the continued listing requirements. Therefore, the Commission
does not view ``monitor'' as a more or less stringent obligation
than ``surveil'' with respect to the continued listing requirements.
---------------------------------------------------------------------------

    This approval order is based on all of the Exchange's
representations and description of the Funds, including those set forth
above and in Amendment No. 1. The Commission notes that the Shares must
comply with the requirements of NYSE Arca Equities Rule 8.200-E and
Commentary .02 thereto to be listed and traded on the Exchange on an
initial and continuing basis.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \30\ and the rules and regulations thereunder
applicable to a national securities exchange.
---------------------------------------------------------------------------

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

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\31\ that the proposed rule change (SR-NYSEArca-2019-02),
as modified by Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(2).
    \32\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-16717 Filed 8-5-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55068]
[DOCID:fr24se08-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER99-3665-008; ER02-1947-009]

Occidental Power Marketing, L.P.; Occidental Power Services,
Inc.; Notice of Filing

September 17, 2008.
    Take notice that on September 11, 2008, Occidental Power Marketing,
L.P. and Occidental Power Services, Inc. filed a supplement to its June
27, 2008 and August 12, 2008 filings, pursuant to Order 697-A.
    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, 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 on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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>.
    Comment Date: 5 p.m. Eastern Time on September 22, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-22286 Filed 9-23-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53518-53521]
[FR Doc No: 2011-21855]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65176; File No. SR-NASDAQ-2011-117]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Pilot Period of Rule 4753(c)

August 19, 2011.
    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 August 12, 2011, The NASDAQ Stock Market LLC (the ``Exchange'' or
``NASDAQ''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by NASDAQ. 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 Substance
of the Proposed Rule Change

    NASDAQ proposes to extend the pilot period of Rule 4753(c),
NASDAQ's ``Volatility Guard,'' so that the pilot will now expire on the
earlier of January 31, 2012 or the date on which, if approved, a limit
up/limit down mechanism to address extraordinary market volatility, is
approved.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are in brackets.

* * * * *

4753. Nasdaq Halt and Imbalance Crosses

    (a)-(b) No change.
    (c) For a pilot period ending the earlier of January 31, 2012 or
the date on which, if approved, a limit up/limit down mechanism to
address extraordinary market volatility, is approved [six months
after the date of Commission approval of SR-NASDAQ-2010-074],
between 9:45 a.m. and 3:35 p.m. EST, the System will automatically
monitor System executions to determine whether the market is trading
in an orderly fashion and whether to conduct an Imbalance Cross in
order to restore an orderly market in a single Nasdaq Security.
    (1) An Imbalance Cross shall occur if the System executes a
transaction in a Nasdaq Security at a price that is beyond the
Threshold Range away from the Triggering Price for that security.
The Triggering Price for each Nasdaq Security shall be the price of
any execution by the System in that security within the prior 30
seconds. The Threshold Range shall be determined as follows:

------------------------------------------------------------------------
                                                             Threshold
                                                            range away
                                                               from
                     Execution price                        triggering
                                                               price
                                                             (percent)
------------------------------------------------------------------------
$1.75 and under.........................................              15
Over $1.75 and up to $25................................              10
Over $25 and up to $50..................................               5
Over $50................................................               3
------------------------------------------------------------------------

    (2) If the System determines pursuant to subsection (1) above to
conduct an Imbalance Cross in a Nasdaq Security, the System shall
automatically cease executing trades in that security for a 60-
second Display Only Period. During that 60-second Display Only
Period, the System shall:

    (A) Maintain all current quotes and orders and continue to
accept quotes and orders in that System Security; and
    (B) Disseminate by electronic means an Order Imbalance Indicator
every 5 seconds.
    (3) At the conclusion of the 60-second Display Only Period, the
System shall re-open the market by executing the Nasdaq Halt Cross
as set forth in subsection (b)(2)-(4) above.
    (4) If the opening price established by the Nasdaq Halt Cross
pursuant to subsection (b)(2)(A)-(D) above is outside the benchmarks
established by Nasdaq by a threshold amount, the Nasdaq Halt Cross
will occur at the price within the threshold amounts that best
satisfies the conditions of subparagraphs (b)(2)(A) through (D)
above. Nasdaq management shall set and modify such benchmarks and
thresholds from time to time upon prior notice to market
participants.
    (d) No change.
* * * * *

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

    In its filing with the Commission, NASDAQ 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. NASDAQ has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    NASDAQ is proposing to extend the operative period of the pilot
under Rule 4753(c), NASDAQ's ``Volatility Guard,'' so that it will
expire the earlier of January 31, 2012 or the date on which, if
approved, a limit up/limit down mechanism to address extraordinary
market volatility, is approved, yet hold the implementation of Rule
4753(c) in abeyance until that point.
    On March 11, 2011, the Commission approved Rule 4753(c) (the
``Volatility Guard''), a volatility-based pause in trading in
individual NASDAQ-listed securities traded on NASDAQ (``NASDAQ
Securities''), as a six month pilot applied to the NASDAQ 100 Index
securities.\3\ The Volatility Guard automatically suspends trading in
individual NASDAQ Securities that are the subject of abrupt and
significant intraday price movements between 9:30 a.m. and 4 p.m.
Eastern Standard Time (``EST''), which was subsequently amended to 9:45
a.m. and 3:35 p.m. EST to avoid potential interference with the opening
and closing crosses.\4\ Volatility Guard is triggered automatically
when the execution price of a pilot security moves more than a fixed
amount away from a pre-established ``triggering price'' for that
security. The triggering price for each pilot security is the price of
any execution by the system in that security within the previous 30
seconds. For each pilot security, the system continually compares the
price of each execution in the system against the prices of all system
executions in that security over the 30 seconds. Once triggered, NASDAQ
institutes a formal trading halt during which time NASDAQ systems are
prohibited from executing orders. Members, however, may continue to
enter quotes and orders, which are queued during a 60-second Display
Only Period. At the conclusion of the Display Only Period, the queued
orders are executed at a single price, pursuant to NASDAQ's Halt Cross
mechanism.\5\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 64071 (March 11,
2011), 76 FR 14699 (March 17, 2011) (SR-NASDAQ-2010-074). Amendment
1 to SR-NASDAQ-2010-074 designated the NASDAQ 100 Index as the 100
pilot securities.
    \4\ See Securities Exchange Act Release No. 64268 (April 8,
2011), 76 FR 20742 (April 15, 2011) (SR-NASDAQ-2011-051).
    \5\ The Nasdaq Halt Cross is ``the process for determining the
price at which Eligible Interest shall be executed at the open of
trading for a halted security and for executing that Eligible
Interest.'' See Nasdaq Rule 4753(a)(3).
---------------------------------------------------------------------------

    NASDAQ determined to adopt Volatility Guard as a six month pilot in
response to the unprecedented aberrant volatility witnessed on May 6,
2010, and the limited effect that NASDAQ's market collars had in
dampening such volatility. NASDAQ believed that the Rule 4753(c) halt
process was needed to protect its listed securities and market
participants from such volatility in the future. In proposing the six
month pilot, NASDAQ noted that another market had adopted a process
whereby the market's listed securities each may be temporarily removed
from automatic trading when the trading exceeds certain average daily
volume-, price-, and volatility-based criteria. Accordingly, NASDAQ
believed that adopting its own process would serve to protect its
market from aberrant volatility, like that experienced on May 6, 2011.
    During the time that the Volatility Guard pilot was progressing
through the notice and comment process with the Commission, NASDAQ
together with the other national securities exchanges and FINRA
(``SROs'') and in consultation with the Commission, worked diligently
to implement changes to the markets to prevent another event like May
6, 2010 from occurring. In this regard, the SROs have expanded their
existing circuit breaker pilots \6\ to cover all NMS stocks,\7\
clarified rules concerning clearly erroneous processes,\8\ and have
made great strides in developing a limit up/limit down system to
replace the circuit breakers currently in place. With respect to this
last effort, on April 5, 2011, the SROs filed with the Commission a
national market system plan to address extraordinary market volatility,
which proposed a market-wide limit up/limit down system applicable to
all NMS stocks (the ``Plan'').\9\ The period to submit comments on the
Plan ended on June 22, 2011, and the Commission stated that it will
determine whether to approve it shortly after the expiration of the
comment period.\10\ The SROs propose implementing the Plan 120 calendar
days following the publication of the Commission's order approving the
proposed Plan in the Federal Register.
---------------------------------------------------------------------------

    \6\ On June 10, 2010, the Commission approved the Circuit
Breaker Pilot, which instituted new circuit breaker rules that pause
trading for five minutes in a security included in the S&P 500 Index
if its price moves ten percent or more over a five-minute period.
See Securities Exchange Act Release Nos. 62251 (June 10, 2010), 75
FR 34183 (June 16, 2010) (SR-FINRA-2010-025); 62252 (June 10, 2010),
75 FR 34186 (June 16, 2010) (SR-NASDAQ-2010-061, et al.). On
September 10, 2010, the Circuit Breaker Pilot was expanded to
include securities in the Russell 1000 Index and certain exchange-
traded products. See Securities Exchange Act Release Nos. 62883
(September 10, 2010), 75 FR 56608 (September 16, 2010) (SR-FINRA-
2010-033); 62884 (September 10, 2010), 75 FR 56618 (September 16,
2010) (SR-NASDAQ-2010-079, et al.). The Circuit Breaker Pilot is
scheduled to expire on August 11, 2011. See e.g., Securities
Exchange Act Release No. 64174 (April 4, 2011), 76 FR 19819 (April
8, 2011) (SR-NASDAQ-2011-042).
    \7\ On June 23, 2011, the Commission granted accelerated
approval to SRO proposals to expand the Circuit Breaker Pilot to all
NMS securities. See Securities Exchange Act Release No. 64735 (June
23, 2011), 76 FR 38243 (June 29, 2011) (SR-NASDAQ-2011-067, et al.).
The term ``NMS stocks'' is defined in Rule 600(b)(47) of Regulation
NMS under the Act. See 17 CFR 242.600(b)(47).
    \8\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-NASDAQ-2010-076, et
al.); see also Securities Exchange Act Release No. 64238 (April 7,
2011), 76 FR 20780 (April 13, 2011) (SR-NASDAQ-2011-043).
    \9\ See Securities Exchange Act Release No. 64547 (May 25,
2011), 76 FR 31647 (June 1, 2011) (File No. 4-631).
    \10\ See http://www.sec.gov/news/press/2011/2011-84.htm. NASDAQ
understands that, given the number of comments received, the
Commission will need a reasonable time to consider the comments
provided. Rule 608(b) of Regulation NMS governs the effectiveness of
national market system plans. See 17 CFR 242.608.
---------------------------------------------------------------------------

    Important to the implementation of Volatility Guard, NASDAQ notes
that

the Commission stated that it may find exchange-specific volatility
moderators inconsistent with the Act once a uniform, cross-market
mechanism to address aberrant volatility is adopted. In approving
---------------------------------------------------------------------------
Volatility Guard, the Commission emphasized:

    [T]hat it is continuing to work diligently with the exchanges
and FINRA to develop an appropriate consistent cross-market
mechanism to moderate excessive volatility that could be applied
widely to individual exchange-listed securities and to address
commenters' concerns regarding the complexity and potential
confusion of exchange-specific volatility moderators. To the extent
the Commission approves such a mechanism, whether it be an expanded
circuit breaker with a limit up/limit down feature or otherwise, the
Commission may no longer be able to find that exchange-specific
volatility moderators--including both Nasdaq's Volatility Guard and
the NYSE's LRPs--are consistent with the Act.\11\

    \11\ See Securities Exchange Act Release No. 64071 (March 11,
2011), 76 FR 14699, at 14701 (March 17, 2011) (SR-NASDAQ-2010-074,
as amended) (emphasis added).
---------------------------------------------------------------------------

    NASDAQ calculates that the Plan, if approved, may be implemented by
the end of 2011 or early 2012.\12\ It is against this backdrop that
NASDAQ is seeking to extend the pilot period of Volatility Guard.
---------------------------------------------------------------------------

    \12\ Supra note 9.
---------------------------------------------------------------------------

    NASDAQ believes that a limit up/limit down system, as proposed in
the Plan, would be preferable to disparate individual market solutions
to aberrant volatility. Given the progress made toward adopting a
uniform limit up/limit down system and the Commission's statement that
exchange-specific volatility moderators be abandoned once a consistent
cross-market mechanism is adopted, NASDAQ believes that implementing
Volatility Guard at this time may be confusing and onerous to market
participants.
    NASDAQ is proposing to extend the pilot rather than eliminate it so
that NASDAQ may continue to have the option to implement Volatility
Guard should the Plan not be approved. As a primary market, NASDAQ
takes seriously its responsibility to both its listed companies and the
investing public. NASDAQ continues to believe that an individual
solution like Volatility Guard, may be necessary in the event the Plan
is not approved, much like NYSE-listed stocks may be protected by the
LRP mechanism if it remains in place. NASDAQ believes that extending
the Volatility Guard pilot, but holding its implementation in abeyance
until such time that the Plan is approved will best serve these groups
by allowing NASDAQ to retain the ability to implement Volatility Guard
if necessary, while also allowing market participants to make
preparations in light of the limit up/limit down system, as proposed in
the Plan. As such, market participants will not needlessly expend
energy changing, and testing, their systems to account for the
Volatility Guard pilot in addition to the changes required to implement
the Plan.
    Accordingly, NASDAQ is proposing to extend the Volatility Guard
pilot to the earlier of January 31, 2012 or the date on which, if
approved, a limit up/limit down mechanism to address extraordinary
market volatility, is approved. Should the Plan not be adopted by the
expiration of the pilot, NASDAQ may consider further extension of
Volatility Guard, consistent with the extension proposed herein.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\13\ in general and with
Sections 6(b)(5) of the Act,\14\ in particular in that it is 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. NASDAQ believes that the
proposed rule continues to meet these requirements in that it promotes
the adoption of the Plan's uniform, cross-market limit up/limit down
process to address aberrant volatility, while also allowing NASDAQ to
retain an important alternative tool to deal with such volatility
should approval of the Plan be delayed.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    NASDAQ 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.

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6)(iii) thereunder.\18\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \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 the Exchange to give the Commission written notice of the
Exchange's 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NASDAQ-2011-117 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 No. SR-NASDAQ-2011-117. This file

number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-NASDAQ-2011-117 and should be
submitted on or before September 16, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21855 Filed 8-25-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9375-9376]
[FR Doc No: 2017-02389]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC17-73-000.
    Applicants: Xcel Energy Services Inc., Northern States Power, a
Wisconsin corporation.
    Description: Application pursuant to Section 203 of the Federal
Power Act of Xcel Energy Services Inc., on behalf of Northern States
Power, a Wisconsin corporation, for Acquisition of Jurisdictional
Assets.
    Filed Date: 1/30/17.
    Accession Number: 20170130-5360.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: EC17-74-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Application for Authorization under Section 203 of the
FPA of Duke Energy Florida, LLC.
    Filed Date: 1/30/17.
    Accession Number: 20170130-5378,
    Comments Due: 5 p.m. ET 2/21/17,

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG17-52-000.
    Applicants: Cube Yadkin Generation LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Cube Yadkin Generation LLC.
    Filed Date: 1/30/17.
    Accession Number: 20170130-5239.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: EG17-53-000.
    Applicants: Iron Horse Battery Storage, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Iron Horse Battery Storage, LLC.
    Filed Date: 1/30/17.
    Accession Number: 20170130-5253.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: EG17-54-000.
    Applicants: Redbed Plains Wind Farm LLC,
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Redbed Plains Wind Farm LLC.
    Filed Date: 1/30/17.
    Accession Number: 20170130-5384.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: EG17-55-000.
    Applicants: Meadow Lake Wind Farm V LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Meadow Lake Wind Farm V LLC.
    Filed Date: 1/31/17.
    Accession Number: 20170131-5068.
    Comments Due: 5 p.m. ET 2/21/17.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-893-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-01-30_ETEC Deep East;
Jasper-Newton; Sam Houston Att O RTO Adder Request to be effective 4/1/
2017.
    Filed Date: 1/30/17.
    Accession Number: 20170130-5303.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: ER17-894-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3299 WAPA, Members 1st &
Tongue River Electric Inter Agr to be effective 1/1/2017.
    Filed Date: 1/31/17.
    Accession Number: 20170131-5033.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: ER17-895-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1534R7 Kansas Municipal
Energy Agency NITSA NOA to be effective 1/1/2017.
    Filed Date: 1/31/17.
    Accession Number: 20170131-5077.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: ER17-896-000.

    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA SA No.
4469, Queue No. AA1-106 to be effective 5/3/2016.
    Filed Date: 1/31/17.
    Accession Number: 20170131-5089.
    Comments Due: 5 p.m. ET 2/21/17.

    Docket Numbers: ER17-897-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Request for Limited Waiver of Entergy Louisiana, LLC
under ER17-897.
    Filed Date: 1/30/17.
    Accession Number: 20170130-5394.
    Comments Due: 5 p.m. ET 2/21/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 31, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-02389 Filed 2-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36627-36628]
[FR Doc No: 2016-13315]

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

[Release No. 34-77958; File No. SR-BatsBZX-2016-01]

Self-Regulatory Organizations; BatsBZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To List and Trade Under BZX Rule 14.11(c)(4) Shares of the
Following Series of Market Vectors ETF Trust: Market Vectors 6-8 Year
Municipal Index ETF; Market Vectors 8-12 Year Municipal Index ETF; and
Market Vectors 12-17 Year Municipal Index ETF

June 1, 2016.
    On March 29, 2016, Bats BZX Exchange, Inc. (``BZX'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
under BZX Rule 14.11(c)(4) the shares of the Market Vectors 6-8 Year
Municipal Index ETF; Market Vectors 8-12 Year Municipal Index ETF; and
Market Vectors 12-17 Year Municipal Index ETF. The proposed rule change
was published for comment in the Federal Register on April 18, 2016.\3\
The Commission received one comment on the proposed rule change.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77596 (April 18,
2016), 81 FR 22681 (``Notice'').
    \4\ See Letter from Anonymous dated May 3, 2016, available at:
http://www.sec.gov/comments/sr-batsbzx-2016-01/batsbzx201601-1.htm.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be

disapproved. The 45th day after publication of the notice for this
proposed rule change is June 2, 2016. The Commission is extending this
45-day time period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change. Accordingly, the
Commission, pursuant to section 19(b)(2) of the Act,\6\ designates July
15, 2016, as the date by which the Commission shall either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-BatsBZX-2016-01).
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-13315 Filed 6-6-16; 8:45 am]
BILLING CODE 8011-01-P