[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Page 32114]
[FR Doc No: 2018-14814]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-508-000]

Columbia Gas Transmission, LLC; Notice of Application

    Take notice that on June 20, 2018, Columbia Gas Transmission, LLC
(Columbia), 700 Louisiana Street, Suite 700, Houston, Texas 77002-2700,
filed in Docket No. CP18-508-000, an application under section 7(c) of
the Natural Gas Act seeking authorization to install bi-directional
launchers, receivers, mainline valves and other appurtenant facilities,
all located in Madison and Fayette Counties, Kentucky, all as more
fully set forth in the application which is on file with the Commission
and open to public inspection. Columbia estimates the cost of the
facilities to be $8,253,665. This filing may be viewed on the web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this Application should be directed to
Sandra Mazan, Regulatory and Commercial Law, TransCanada Corporation,
700 Louisiana Street, Suite 700, Houston, Texas 77002-2700; by phone at
832-320-5939; or email at [email protected].
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426. See, 18 CFR 385.2001(a) (1) (iii) and the instructions on the
Commission's website under the ``e-Filing'' link.
    Comment Date: 5:00 p.m. Eastern Time on July 26, 2018.

    Dated: July 5, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-14814 Filed 7-10-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Notices]
[Pages 33720-33722]
[FR Doc No: 2016-12510]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77883; File No. SR-NYSEArca-2016-69]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the
Exchange's Schedule of Fees and Charges To Eliminate the Listing Fee in
Connection With Exchange Listing of Certain Exchange Traded Products

May 23, 2016.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 10, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Schedule of Fees and
Charges (``Fee Schedule'') to eliminate the Listing Fee in connection
with Exchange listing of certain Exchange Traded Products, effective
May 10, 2016. The proposed rule change is available on the Exchange's
Web site at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Currently, the Exchange's Schedule of Fees and Charges
(``Schedule'') provides that an issuer of a new Exchange Traded Product
\4\ (with the exception of Managed Fund Shares and Managed Trust
Securities) shall pay a ``Listing Fee'' of $7,500 and an issuer of
Managed Fund Shares and Managed Trust Securities shall pay a Listing
Fee of $10,000.
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    \4\ For the purposes of the Schedule, the term ``Exchange Traded
Products'' includes securities described in NYSE Arca Equities Rules
5.2(j)(3) (Investment Company Units); 8.100 (Portfolio Depositary
Receipts); 8.200 (Trust Issued Receipts); 8.201 (Commodity-Based
Trust Shares); 8.202 (Currency Trust Shares); 8.203 (Commodity Index
Trust Shares); 8.204 (Commodity Futures Trust Shares); 8.300
(Partnership Units); 8.500 (Trust Units); 8.600 (Managed Fund
Shares), and 8.700 (Managed Trust Securities).
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    The Exchange proposes to amend the Fee Schedule to eliminate the
Listing Fee in connection with Exchange listing of certain Exchange
Traded Products (``ETPs'') effective May 10, 2016, as described below.
Exchange rules applicable to listing of certain ETPs provide for
listing such products pursuant to Rule 19b-4(e) under the Act if they
satisfy all criteria--referred to as ``generic'' listing criteria--in
the

applicable Exchange ETP rule. If an ETP does not satisfy all applicable
generic criteria, the Commission must approve or issue a notice of
effectiveness with respect to a proposed rule change filed by the
Exchange pursuant to Section 19(b) of the Act prior to Exchange listing
of such ETP.
    The Exchange has determined to eliminate the Listing Fee for the
following ETPs listed on the Exchange pursuant to Rule 19b-4(e) under
the Act, and for which a proposed rule change pursuant to Section 19(b)
of the Act is not required to be filed with the Commission: Investment
Company Units; Portfolio Depositary Receipts; and Currency Trust Shares
(collectively, ``Generically-Listed Exchange Traded Products''). Thus,
no Listing Fee will be payable by an issuer of a Generically-Listed
Exchange Traded Product, as defined above.
    Other ETPs--specifically, Trust Issued Receipts,\5\ Commodity-Based
Trust Shares, Commodity Index Trust Shares, Commodity Futures Trust
Shares, Partnership Units, Trust Units, and non-generically-listed
Investment Company Units, Portfolio Depositary Receipts and Currency
Trust Shares--would continue to be subject to a Listing Fee of
$7,500.\6\ Managed Fund Shares and Managed Trust Securities would
continue to be subject to a Listing Fee of $10,000.
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    \5\ Commentary .01 to NYSE Arca Equities Rule 8.200 provides
generic standards for listing Trust Issued Receipts pursuant to Rule
19b-4(e) under the Act. However, the Exchange does not currently
intend to list Trust Issued Receipts under Commentary .01, but
instead lists Trust Issued Receipts under Commentary .02 to NYSE
Arca Equities Rule 8.200, which does not provide generic standards
for listing pursuant to Rule 19b-4(e) under the Act. Before listing
any Trust Issued Receipts pursuant to Commentary .01 to NYSE Arca
Equities Rule 8.200, the Exchange will first file a proposed rule
change with respect to the Listing Fee applicable to any such
generically-listed securities.
    \6\ Exchange rules applicable to Trust Issued Receipts
(Commentary .02 to NYSE Arca Equities Rule 8.200); Commodity-Based
Trust Shares (NYSE Arca Equities Rule 8.201), Commodity Index Trust
Shares (NYSE Arca Equities Rule 8.203), Commodity Futures Trust
Shares (NYSE Arca Equities Rule 8.204), Partnership Units (NYSE Arca
Equities Rule 8.300), and Trust Units (NYSE Arca Equities Rule
8.500) do not provide for listing pursuant to Rule 19b-4(e) under
the Act.
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    Elimination of the Listing Fee for Generically-Listed Exchange
Traded Products would provide [sic] would help correlate the Listing
Fee applicable to an issue of ETPs to the resources required to list
such ETPs on the Exchange. The Exchange believes it is appropriate to
continue to charge a Listing Fee for ETPs for which a proposed rule
change pursuant to Section 19(b) of the Act is required to be filed
because of the additional time and resources required by Exchange staff
to prepare and review such filings and to communicate with issuers and
the Commission regarding such filings. Application of a Listing Fee for
Managed Fund Shares and Managed Trust Securities is appropriate because
the Exchange generally incurs increased costs in connection with the
rule-making process, listing administration process, issuer services,
and consultative legal services where a proposed rule change pursuant
to Section 19(b) of the Act is required to be filed with the
Commission.
    Annual Fees set forth in the Fee Schedule applicable to ETPs would
remain unchanged.
    Notwithstanding the elimination of the Listing Fee applicable to
certain ETPs, as described above, the Exchange will continue to be able
to fund its regulatory obligations.
2. Statutory Basis
    NYSE Arca believes that the proposal is consistent with section
6(b) \7\ of the Act, in general, and section 6(b)(4) \8\ of the Act in
particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its issuers and other
persons using its facilities. In addition, the Exchange believes the
proposal is consistent with the requirement under section 6(b)(5) \9\
that an exchange have rules that are 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, in general, to protect investors and the
public interest; and are not designed to permit unfair discrimination
between customers, issuers, brokers, or dealers. The proposed
elimination of the Listing Fee for Generically-Listed ETPs, as
described above, is equitable and does not unfairly discriminate
between issuers because it would apply uniformly to all Investment
Company Units; Portfolio Depositary Receipts; and Currency Trust Shares
that are listed generically under Exchange rules. The Exchange believes
eliminating the Listing Fee for Generically-Listed ETPs, as described
above, and continuing to impose Listing Fees for ETPs that are not
generically listed is reasonable given the additional resources
required by the Exchange in connection with ETPs requiring a proposed
rule change pursuant to section 19(b). The Exchange believes it is
appropriate to continue to charge a Listing Fee for ETPs for which a
proposed rule change pursuant to section 19(b) of the Act is required
to be filed because of the significant additional extensive time, legal
and business resources required by Exchange staff to prepare and review
such filings and to communicate with issuers and the Commission
regarding such filings.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange believes the
proposed rule change would promote competition because it will
eliminate the Listing Fee for certain ETPs and will therefore encourage
issuers to develop and list additional ETP issues on the Exchange.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
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    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2016-69 on the subject line.

Paper Comments

     Send paper comments in triplicate to, Secretary,
Securities and Exchange Commission, 100 F Street NE., Washington, DC
20549-1090.
All submissions should refer to File Number SR-NYSEArca-2016-69. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-69 and should
be submitted on or before June 17, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-12510 Filed 5-26-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46985-46987]
[FR Doc No: 2018-20191]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84093; File No. SR-PEARL-2018-18]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 404A, Select Provisions of Options Listing Procedures Plan, and
Rule 406, Long-Term Option Contracts

September 12, 2018
    Pursuant to the provisions of 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 30, 2018, MIAX PEARL, LLC (``MIAX
PEARL'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change '') a proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Rule 404A, Select
Provisions of Options Listing Procedures Plan, and Rule 406, Long-Term
Option Contracts.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend MIAX PEARL Rule 404A, Select
Provisions of Options Listing Procedures Plan, and Rule 406, Long-Term
Option Contracts, to conform its rules to the recently approved changes
to the Options Listing Procedures Plan (``OLPP''), as well as to the
rules of other exchanges.\3\ The Exchange, which is one of the
Participant Exchanges to the OLPP, currently has rules that are
designed to incorporate the requirements of the OLPP.\4\ All
Participant Exchanges have similar (essentially uniform) rules to
ensure consistency and compliance with the OLPP. The Exchange proposes
to modify its rules to reflect the recent updates described below, as
well as to conform to the rules of the other exchanges.
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    \3\ See Securities Exchange Act Release Nos. 82235 (December 7,
2017), 82 FR 58688 (December 13, 2017) (order approving the Fourth
Amendment to the OLPP); 81893 (October 18, 2017), 82 FR 49249
(``OLPP Notice'').
    \4\ In addition to the Exchange, the ``Participant Exchanges''
are: Cboe Exchange, Inc.; Cboe BZX Exchange, Inc.; BOX Options
Exchange, LLC; Cboe C2 Exchange, Inc.; Cboe EDGX Exchange, Inc.;
Miami International Securities Exchange, LLC; Nasdaq BX, Inc.;
Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; Nasdaq Options
Market, LLC; Nasdaq PHLX, LLC; NYSE Arca, Inc.; and NYSE American,
LLC.
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Addition of Long-Term Equity Options (``LEAPS'')
    First, the OLPP has been amended to change the earliest date on
which new January LEAPS on equity options, options on Exchange Traded
Funds (``ETF''), or options on Trust Issued Receipts (``TIR'') may be
added to a single date (from three separate months). As noted in the
OLPP Notice, in the past, there were operational concerns related to
adding new January LEAPs series for all options classes on which LEAPs
were listed on a single trading day.\5\ And, the addition of new series
in a pre-electronic environment was a manual process. To accommodate
this, the addition of new January LEAPs series was spread across three
months (September, October, and November). Today, however, these
operational concerns related to January LEAPs have been alleviated as
new series can be added in bulk electronically. The Plan Participants,
including the Exchange, believe that moving the addition of new January
LEAPs series to no earlier than the Monday prior to the September
expiration would reduce marketplace confusion about available January
LEAPs series. Where previously January LEAPs series for options classes
on the February or March expiration cycles would not have been
available as early as January LEAPs series for options classes on the
January expiration cycle, under the proposed change, all January LEAPs
series will be available concurrently. Accordingly, to conform to this
change, the Exchange proposes to modify current Rule 406(b) to reflect
that new January LEAPS series on equity options classes, options on
ETFs, or options on TIRs, may not be added on a currently listed and
traded option class earlier than the Monday prior to the September
expiration (which is 28 months before the expiration).\6\
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    \5\ See OLPP Notice at 49249.
    \6\ See proposed Rule 406(b).
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Addition of Equity, ETF, and TIR Option Series After Regular Trading
Hours
    Second, the OLPP has been amended to allow equity, ETF, and TIR
option series to be added based on trading after regular trading hours
(i.e., after-market). As noted in the OLPP Notice, the prior version of
the OLPP did not allow for option series to be added based on trading
following regular trading hours.\7\ As such, the Exchange Participants
were unable to add new option series that may result from trading
following regular trading hours until the next morning, depending on
the range of prices in pre-market trading, which is significant because
events that occur after regular trading hours, such as earnings
releases, often have an important impact on the price of an underlying
security. In addition, there are operational difficulties for market
participants throughout the industry adding series after system
startup. To avoid the potential burden that would result from the
inability to add series as a result of trading following regular
trading hours, the OLPP was amended to allow an additional category by
which the price of an underlying security may be measured.
Specifically, to conform to the amended OLPP, the Exchange proposes to
add subparagraph (b)(1)(iv) to Rule 404A to provide that ``for options
series to be added based on trading following regular trading hours,''
the price of the underlying security is measured by ``the most recent
share price reported by all national securities exchanges between 4:15
p.m. and 6:00 p.m. Eastern Time.'' \8\
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    \7\ See OLPP Notice at 49250.
    \8\ See proposed Rule 404A(b)(1)(iv). The Exchange proposes to
relocate ``and'' from subparagraph (ii) to (iii) to conform to the
change. See proposed Rule 404A(b)(1)(ii) and (iii).

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Technical Changes
    The Exchange proposes to modify Rule 406(b) to delete now obsolete
operational language, which dates back to when LEAPs were first
adopted. The language in question provides that:

    After a new long-term option contract series is listed, such
series will be opened for trading either when there is buying or
selling interest, or forty (40) minutes prior to the close,
whichever occurs first. No quotations will be posted for such
options series until they are opened for trading.

    The Exchange proposes to delete this language because when this
language was adopted LEAPs were not opened for trading until late in
the trading day unless there was buying or selling interest. Today,
however, technological improvements allow the Exchange to open all LEAP
series at the same time as all other series in an option class.
Conforming Changes
    The Exchange proposes to make certain changes to conform its rules
to the rules of other exchanges and to codify a certain provision in
the OLPP that is not currently included in its rules. First, the
Exchange proposes to add additional clarifying language to Rule 406(b).
Specifically, the Exchange proposes to add a paragraph to note that,
pursuant to the OLPP, ``exchanges that list and trade the same equity
option class, ETF option class, or TIR option class are authorized to
jointly determine and coordinate with the Options Clearing Corporation
on the date of introduction of new LEAP series for that option class
consistent with this paragraph (b).'' This clarifying language is
identical to language contained in other exchanges' rules.\9\
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    \9\ For example, see Cboe Rule 5.8(b); see also NYSE Arca Rule
6.4-O(d)(ii).
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    Second, Amendment 2 to the OLPP \10\ provided for a uniform minimum
volume threshold per underlying class to qualify for the introduction
of a new expiration year of LEAPS on equity, ETF and TIR classes. The
Exchange proposes to codify this change made to the OLPP by Amendment 2
as new subparagraph (c) to Rule 406 of the Exchange's rules.
Specifically, this provision will provide: ``The Exchange shall not
list new LEAP series on equity option classes, options on ETFs, or
options on TIRs in a new expiration year if the national average daily
contract volume, excluding LEAP and FLEX series, for that option class
during the preceding three (3) calendar months is less than 1,000
contracts, unless the new LEAP series has an expiration year that has
already been listed on another exchange for that option class. The
preceding volume threshold does not apply to the first six (6) months
an equity option class, option on an ETF or option on a TIR is listed
on any exchange.'' The Exchange notes that this conforming change is
necessary to align the rules of the Exchange with the OLPP and with
other exchanges.\11\
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    \10\ See Securities Exchange Act Release No. 58630 (September
24, 2008), 73 FR 57166 (October 1, 2008) (Order granting permanent
approval to Amendment No. 2 to the Plan for the Purpose of
Developing and Implementing Procedures Designed to Facilitate the
Listing and Trading of Standardized Options).
    \11\ For example, see Cboe Rule 5.8(c); see also NYSE Arca Rule
6.4-O(d)(iii).
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2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \13\ 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 facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \14\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
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    In particular, the proposed rule change, which conforms to the
recently adopted provisions of the OLPP, as amended, allows the
Exchange to continue to list extended far term option series that have
been viewed as beneficial to traders, investors and public customers.
Accordingly, the Exchange believes that the proposal is consistent with
the Act because it will allow the Exchange to list all January 2021
expiration series on the Monday prior to the September 2018 expiration.
Moreover, this change would simplify the process for adding new January
LEAP options series and reduce potential for investor confusion because
all new January LEAP options would be made available beginning at the
same time, consistent with the amended OLPP. The Exchange notes that
this proposal does not propose any new provisions that have not already
been approved by the Commission in the amended OLPP, but instead
maintains series listing rules that conform to the amended OLPP.
    The proposal to permit series to be added based on after-market
trading is designed to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
facilitating transactions in securities, and to remove impediments to
and perfect the mechanisms of a free and open market and a national
market system, by allowing the Exchange to make series available for
trading with reduced operational difficulties. The Exchange notes that
this proposed change, which is consistent with the amended OLPP should
provide market participants with earlier notice regarding what options
series will be available for trading the following day, and should help
to enhance investors' ability to plan their options trading. The
Exchange also believes that the proposed technical changes, including
deleting obsolete language and reorganizing and consolidating the rule,
promote just and equitable principles of trade, foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and remove impediments to and perfect the mechanism of a
free and open market and a national market system. Furthermore, the
Exchange believes that the proposed conforming changes, adding language
to Rule 406, promote just and equitable principles of trade, foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and remove impediments to and perfect the
mechanism of a free and open market and a national market system by
providing clarity and consistency to the rules, and creating uniformity
amongst exchanges with respect to rules related to the OLPP.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that by conforming Exchange rules to the amended OLPP, the
Exchange would promote regulatory clarity and consistency, thereby
reducing burdens on the marketplace and facilitating investor
protection. The Exchange believes that adopting rules, which it
anticipates will likewise be adopted by Participant Exchanges, would
allow for continued competition between Exchange market participants
trading

similar products as their counterparts on other exchanges, while at the
same time allowing the Exchange to continue to compete for order flow
with other exchanges in option issues.

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 and Rule 19b-
4(f)(6)(iii) thereunder.\17\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\19\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission notes that
the Exchange's proposal would conform the Exchange's rules to the
amended OLPP, which the Commission previously approved.\20\
Accordingly, the Commission believes that the proposal raises no new or
novel regulatory issues and waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Commission therefore waives the 30-day operative delay and
designates the proposed rule change to be operative upon filing.\21\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ See OLPP Notice, supra note 3.
    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2018-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2018-18. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2018-18 and should be submitted on
or before October 9, 2018.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20191 Filed 9-14-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47470-47471]
[FR Doc No: 2012-19365]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67588; File No. SR-FINRA-2009-028]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Withdrawal of Proposed Rule Change To Adopt
FINRA Rule 2231 (Customer Account Statements) in the Consolidated FINRA
Rulebook

August 2, 2012.
    On April 22, 2009, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') (f/k/a National Association of Securities Dealers,
Inc. (``NASD'')) filed with the Securities and Exchange Commission
(``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Exchange Act'' or ``Act'') \1\ and
Rule 19b-4 thereunder,\2\ a proposed rule change that would have
adopted NASD Rule 2340 (``Customer Account Statements'') with certain
changes as FINRA Rule 2231 in the consolidated FINRA rulebook
(``Consolidated FINRA Rulebook'').\3\ The proposed rule change would
also have deleted NYSE Rule 409 (``Statements of Accounts of
Customers''), except for paragraph (f) and certain of its related
interpretations. The proposed rule change was published for comment in
the Federal Register on May 21, 2009.\4\ The Commission received 12
comments on the proposal.\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The FINRA rulebook consists of (1) FINRA Rules; (2) NASD
Rules; and (3) rules incorporated from NYSE (``Incorporated NYSE
Rules'') (together, the NASD Rules and Incorporated NYSE Rules are
referred to as the ``Transitional Rulebook''). While the NASD Rules
generally apply to all FINRA members, the Incorporated NYSE Rules
apply only to those members of FINRA that are also members of the
NYSE (``Dual Members''). The FINRA Rules apply to all FINRA members,
unless such rules have a more limited application by their terms.
For more information about the rulebook consolidation process, see
FINRA Information Notice, March 12, 2008 (Rulebook Consolidation
Process). For convenience, the proposed rule change refers to
Incorporated NYSE Rules as NYSE Rules.
    \4\ See Securities Exchange Act Release No. 59921 (May 14,
2009), 74 FR 23912 (May 21, 2009).
    \5\ http://www.sec.gov/comments/sr-finra-2009-028/finra2009028.shtml (last visited July 30, 2012).
---------------------------------------------------------------------------

    On July 12, 2011, FINRA filed Amendment No. 1 to the proposed rule
change that was published in Federal Register on August 2, 2011.\6\ On
October 7, 2011, the Commission published a notice to correct the
timing of required Commission action.\7\ The Commission

received 9 comments on the proposal as amended by Amendment No. 1.\8\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 64969 (July 26,
2011), 76 FR 46340 (August 2, 2011).
    \7\ See Exchange Act Release No. 64969A (Oct. 7, 2011), 76 FR
63969 (Oct. 14, 2011).
    \8\ See supra note 5.
---------------------------------------------------------------------------

    On July 30, 2012, FINRA withdrew the proposed change (SR-FINRA-
2009-028).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

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

Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-19365 Filed 8-7-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49301-49302]
[FR Doc No: 2014-19663]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-90-000]

Seminole Electric Cooperative, Inc. Florida Municipal Power
Agency v. Duke Energy Florida; Notice of Complaint

    Take notice that on August 12, 2014, pursuant to Rule 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.206, and sections 206, 306, and 309 of the
Federal Power Act, 16 U.S.C. 824(e), 825(e), and 825(h), Seminole
Electric Cooperative, Inc. and Florida Municipal Power Agency
(Complainants) filed a formal complaint against Duke Energy

Florida (Respondent) alleging that the return on equity (ROE) in the
Respondent's transmission formula rate is unjust and unreasonable and
should be replaced with a just and reasonable ROE.
    Complainants certify that copies of the complaint were served on
the contacts for Respondent as listed on the Commission's list of
Corporate Officials. In addition, as a courtesy, the Florida Public
Service Commission was also served with a copy of the complaint.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 2, 2014.

    Dated: August 13, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-19663 Filed 8-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33408-33409]
[FR Doc No: 2013-13155]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-5369-002]

Brelinsky, Mary Anne; Notice of Filing

    Take notice that on May 28, 2013, Mary Anne Brelinsky submitted for
filing, an application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d (b)
and Part 45 of Title 18 of the Code of Federal Regulations, 18 CFR Part
45.
    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. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email

<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 18, 2013.

    Dated: May 29, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-13155 Filed 6-3-13; 8:45 am]
BILLING CODE 6717-01-P