[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28472-28474]
[FR Doc No: 2018-13085]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83426; File No. SR-CboeBYX-2018-007]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees

June 13, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on
June 1, 2018, Cboe BYX Exchange, Inc. (``Exchange'' or ``BYX'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the Exchange. The Exchange has designated
the

proposed rule change as one establishing or changing a member due, fee,
or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii)
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposed rule change effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-Members of the Exchange pursuant to BYX Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule applicable to its
equities trading platform (``BYX Equities'') to (i) eliminate Add
Volume Tier 6 and (ii) modify criteria in certain Add and Remove Volume
Tiers, effective June 1, 2018.
    By way of background, for orders that yield fee codes B, V, and Y,
the Exchange assesses a standard transaction fee of $0.0019 per share
for orders that add liquidity for securities at or above $1.00. The
Exchange also currently offers six tiers under footnote 1 that offer
reduced fees for orders that add liquidity yielding fee codes B, V, and
Y. The Exchange first proposes to eliminate Add Volume Tier 6. Add
Volume Tier 6 currently provides Members a reduced fee of $0.0017 per
share where a MPID (i) has an ADAV \6\ of greater than or equal to
0.10% of the TCV \7\ and (ii) has a Step-Up ADAV \8\ of greater or
equal to 0.05% of the TCV from September 2017 baseline. The Exchange no
longer wishes to maintain this tier level. As such, the Exchange
proposes to eliminate Add Volume Tier 6 from the Fees Schedule and
renumber the subsequent Volume Tiers accordingly.
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    \6\ ``ADAV'' means average daily volume calculated as the number
of shares added per day. ADAV is calculated on a monthly basis. See
BYX Equities Exchange Fee Schedule.
    \7\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply. See BYX Equities Exchange Fee Schedule.
    \8\ ``Step-Up ADAV'' means ADAV in the relevant baseline month
subtracted from current ADAV. See BYX Equities Exchange Fee
Schedule.
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    The Exchange next proposes to modify the criteria for Add Volume
Tiers 2 and 3. Pursuant to Add Volume Tier 2, a Member will be assessed
a reduced fee of $0.0013 per share where a Member adds an ADAV greater
than or equal to 0.40% of the TCV. The Exchange proposes to increase
the ADAV requirement to greater than or equal to 0.45% of the TCV.
Pursuant to Add Volume Tier 3, a Member will be assessed a reduced fee
of $0.0012 per share where a Member adds an ADAV greater than or equal
to 0.80% of the TCV. The Exchange proposes to increase the ADAV
requirement to greater than or equal to 1.00% of the TCV.
    The Exchange next proposes to modify the criteria for Remove Volume
Tiers 8 and 9. Currently, for orders that yield fee codes N, W, and BB,
the Exchange provides a rebate of $0.0005 per share for orders that
remove liquidity for securities at or above $1.00. The Exchange
currently offers four tiers under footnote 1 that offer enhanced
rebates for orders that remove liquidity yielding fee codes BB, N, and
W. Pursuant to Remove Volume Tier 8 (proposed to be renumbered to
Remove Volume Tier 7), a Member will receive an enhanced rebate of
$0.0016 per share where a Member (i) has a Step-Up Remove \9\ TCV from
July 2017 greater than or equal to 0.05% and (ii) has a remove ADV \10\
greater than or equal to 0.20% of TCV. The Exchange proposes to modify
the second prong to increase the ADV requirement to greater than or
equal to 0.25% of the TCV.
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    \9\ ``Step-Up Remove TCV'' means remove ADV as a percentage of
TCV in the relevant baseline month subtracted from current remove
ADV as a percentage of TCV. See BYX Equities Exchange Fee Schedule.
    \10\ ``ADV'' means average daily volume calculated as the number
of shares added or removed, combined, per day. ADV is calculated on
a monthly basis. See BYX Equities Exchange Fee Schedule.
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    Pursuant to Remove Volume Tier 9 (proposed to be renumbered Remove
Volume Tier 8), a Member will receive an enhanced rebate of $0.0017 per
share where a Member (i) has a Step-Up Remove TCV from December 2017
greater than or equal to 0.075% and (ii) has an ADV greater than or
equal to 0.10% of TCV. The Exchange proposes to modify the first prong
to increase the Step-Up Remove TCV from 0.075% to 0.10% of TCV. The
Exchange notes that the modification to the first prong renders the
second prong unnecessary, as the second prong criteria will always be
met if the proposed first prong criteria is met. The Exchange therefore
proposes to eliminate the second prong of Remove Volume Tier 9.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\11\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\13\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Members and other persons using its facilities.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposal to eliminate Add Volume
Tier 6 is reasonable, fair, and equitable because the current tier is
not providing the desired result of incentivizing

Members to increase their participation in BYX Equities. Therefore,
eliminating the tier will have a negligible effect on order flow and
market behavior. The Exchange believes the proposed change is not
unfairly discriminatory because it will apply equally to all Members.
    The Exchange next notes that volume-based discounts such as those
currently maintained on the Exchange have been widely adopted by
exchanges and are equitable and non-discriminatory because they are
open to all Members on an equal basis and provide additional benefits
or discounts that are reasonably related to the value of an exchange's
market quality associated with higher levels of market activity, such
as higher levels of liquidity provision and/or growth patterns, and
introduction of higher volumes of orders into the price and volume
discovery processes. While the proposed modification to Add/Remove
Volume Tiers 2, 3, 8 and 9 makes such tiers slightly more difficult to
attain, it is intended to incentivize Members to send additional volume
to the Exchange in an effort to qualify or continue to qualify for the
reduced fees and enhanced rebates, as applicable, made available by the
tiers. As such, the Exchange also believes that the proposed changes
are reasonable. The Exchange notes that increased volume on the
Exchange provides greater trading opportunities for all market
participants.

(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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that any of the proposed change to the Exchange's tiered pricing
structure burden competition, but instead, that they enhance
competition as they are intended to increase the competitiveness of BYX
by modifying pricing incentives in order to attract order flow and
incentivize participants to increase their participation on the
Exchange. The Exchange notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee structures to be unreasonable or
excessive. The Exchange does not believe the proposed amendments would
burden intramarket competition as they would be available to all
Members uniformly.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4
thereunder.\15\ 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.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBYX-2018-007 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-CboeBYX-2018-007. 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-CboeBYX-2018-007 and should be submitted
on or before July 10, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13085 Filed 6-18-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65848-65850]
[FR Doc No: 2015-27195]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2015-0007-N-27]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the renewal Information Collection Request (ICR)
abstracted below is being forwarded to the Office of Management and
Budget (OMB) for review and comment. The ICR describes the nature of
the information collection and its expected burden. The Federal
Register notice with a 60-day comment period soliciting comments on the
following collections of information was published on August 5, 2015.

DATES: Comments must be submitted on or before November 27, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Safety Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202)
493-6292), or Ms. Kimberly Toone, Office of Information Technology,
RAD-20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail
Stop 35, Washington, DC 20590 (Telephone:<PHONE_NUMBER>). (These
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, sec. 2, 109

Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501-3520), and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. 44 U.S.C. 3506,
3507; 5 CFR 1320.5, 1320.8(d)(1), and 1320.12. On August 5, 2015, FRA
published a 60-day notice in the Federal Register soliciting comment on
ICR that the agency is seeking OMB approval. See 80 FR 35712. FRA
received one comment in response to this notice.
    The Association of American Railroads submitted a comment on
October 5 on behalf of its member railroads and itself. In its letter,
AAR recommended four changes to the PTC Implementation Status Update
Questionnaire. First, AAR recommended that FRA adjust its estimate of
the amount of time required to fill out each questionnaire/form (Form
FRA F 6180.162).
    Second, AAR/its members recommended that FRA ``clarify the second
survey question,'' which relates to the ``current number of full
mission capable PTC equipped locomotives completely implemented under
the regulation.'' In particular, ``the railroads recommend that FRA
specify that this question pertains to the locomotives which have been
fully equipped with PTC hardware.''
    Third, AAR/its members recommended that ``FRA clarify the fourth
survey question,'' which relates to the ``. . . current number of fully
mission capable PTC equipped track segments completely implemented
under the regulations. The railroads recommend that FRA refer to track
miles instead of the unclear reference to `track segment.' ''
    Last, AAR stated ``the railroads request that FRA ensures that the
comment box for the fourteenth question be large enough to accept
substantial comments regarding the status of each individual railroad's
PTC implementation status.''
    Regarding AAR's first recommendation, FRA based its estimate on the
average amount of time that it would take all railroads--Class Is,
Class IIs, Class IIIs, and passenger railroads--to complete the
questionnaire each month on an ongoing basis. FRA realizes that it
might take some railroads longer than the estimated average amount of
time to complete the questionnaire. However, FRA does not agree with
AAR's comment that it will take all affected railroads an average of
three hours each month to complete the questionnaire. FRA believes that
30 minutes is a more accurate estimate of the average amount of time
that it will take railroads to complete the questionnaire on a
recurring monthly basis. Accordingly, FRA is modifying its estimate to
reflect this higher number.
    Regarding AAR's second recommendation relating to the second survey
question, FRA is modifying footnote number 2 of the questionnaire to
make clear that this question pertains to locomotives fully equipped
with PTC hardware and software.
    Regarding AAR's third recommendation, FRA is taking a flexible
approach and is modifying footnote number 3 of the questionnaire to
state that railroads use a uniform unit of measurement that is
consistent for the fourth survey question. Thus, track miles would be
fine as a uniform unit of measurement.
    Last, regarding AAR's recommendation about enlarging the comment
box for the fourteenth question, FRA is expanding the comment box to
the maximum number of characters permitted on the electronic version of
the questionnaire/form.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the information
collection request (ICR) and the expected burden. The revised request
is being submitted for clearance by OMB as required by the PRA.
    Title: PTC Implementation Status Update Questionnaire.
    OMB Control Number: 2130-0612.
    Abstract: The statutory and regulatory deadline for Positive Train
Control (PTC) system implementation is December 31, 2015. Congress and
FRA are concerned that the railroads will not make the mandated
deadline. To date, the vast majority of railroads have not submitted,
in accordance with 49 CFR 236.1009 and 236.1015, a PTC Safety Plan
(PTCSP) and have not submitted, in accordance with 49 CFR 236.1035, a
request for testing approval to support a PTCSP, which is necessary to
achieve PTC System Certification and operate in revenue service. So
that Congress and FRA may better understand the status of each
railroad's implementation efforts and be able to monitor affected
railroads progress on a continuing basis until full implementation is
achieved, FRA is seeking accurate and up-to-date information under its
investigative authority pursuant to 49 U.S.C. 20103, 20107, and 20902,
and 49 CFR 236.1009(h). The railroads' responses will also be used for
compliance purposes.
    On July 24, 2015, OMB granted Emergency Processing approval for the
PTC Implementation Status Update Questionnaire information collection
for a period of 180 days. This approval currently expires on January
31, 2016. FRA is now seeking a three-year approval under Regular
Clearance Procedures from the Office of Management and Budget (OMB).
    Type of Request: Extension with Change of an Approved Information
Collection previously approved under Emergency Processing Procedures.
    Affected Public: Businesses (Railroads).
    Form(s): FRA F 6180.162.
    Total Annual Estimated Responses: 456.
    Total Annual Estimated Burden: 228 hours.
    Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street NW., Washington, DC 20503,
Attention: FRA Desk Officer. Comments may also be sent via email to OMB
at the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimates of
the burden of the proposed information collections; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collections of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it

within 30 days of publication of this notice in the Federal Register.

    Authority:  44 U.S.C. 3501-3520.

    Issued in Washington, DC, on October 20, 2015.
Corey Hill,
Acting Executive Director.
[FR Doc. 2015-27195 Filed 10-26-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: February 10, 2006 (Volume 71, Number 28)]
[Notices]
[Page 7027-7028]
[DOCID:fr10fe06-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

February 3, 2006.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER00-1828-004.
    Applicants: ANP Marketing Company.
    Description: ANP Marketing Co. submits an amendment to its FERC
Electric Rate Schedule No. 1.
    Filed Date: 01/27/2006.
    Accession Number: 20060201-0124.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER00-2117-004.
    Applicants: ANP Bellingham Energy Company, LLC.
    Description: ANP Bellingham Energy Co., LLC submits an amendment to
its FERC Electric Rate Schedule No.1.
    Filed Date: 01/27/2006.
    Accession Number: 20060202-0113.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER00-2118-004.
    Applicants: ANP Blackstone Energy Company, LLC.
    Description: ANP Blackstone Energy Co., LLC submits an amendment to
its FERC Electric Rate Schedule No. 1.
    Filed Date: 01/27/2006.
    Accession Number: 20060202-0114.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER00-3751-004.
    Applicants: ANP Funding I, L.L.C.
    Description: ANP Funding I, LLC submits an amendment to its FERC
Electric Rate Schedule No. 1.
    Filed Date: 01/27/2006.
    Accession Number: 20060202-0006.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER03-879-003; ER03-880-003; ER03-882-003.
    Applicants: D.E. Shaw Plasma Trading, L.L.C.; D.E. Shaw & Co.
Energy, L.L.C.; D.E. Shaw Plasma Power, L.L.C.
    Description: DE Shaw Plasma Power, LLC et al. submit a notice of a
change in status.
    Filed Date: 01/25/2006.
    Accession Number: 20060201-0125.
    Comment Date: 5 p.m. eastern time on Wednesday, February 15, 2006.

    Docket Numbers: ER06-318-002.
    Applicants: North American Energy Credit and Clearing.
    Description: North American Energy Credit and Clearing--Contract
Merchant, LLC submits corrections to FERC Electric Tariff, Original
Volume No. 1 filed 1/10/06.
    Filed Date: 01/27/2006.
    Accession Number: 20060203-0414.
    Comment Date: 5 p.m. eastern time on Friday, February 10, 2006.

    Docket Numbers: ER06-429-001.
    Applicants: Florida Power Corporation.
    Description: Florida Power Corp. submits Substitute First Revised
Sheet No. 436 et al. to FERC Electric Tariff, Second Revised Volume No.
6.
    Filed Date: 01/27/2006.
    Accession Number: 20060202-0158.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER06-430-001.
    Applicants: Progress Energy Services Company, LLC.
    Description: Progress Energy Services Company, LLC, on behalf of
Florida Power Corp. submits Substitute First Revised Sheet 436 et al.
to FERC Electric Tariff, Second Revised Volume No. 3.
    Filed Date: 01/27/2006.
    Accession Number: 20060202-0159.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER06-502-001.
    Applicants: Aquila, Inc.
    Description: Aquilla Inc. submits an errata to its 1/18/06
compliance filing.
    Filed Date: 01/25/2006.
    Accession Number: 20060201-0121.
    Comment Date: 5 p.m. eastern time on Wednesday, February 15, 2006.

    Docket Numbers: ER06-556-000.
    Applicants: New England Power Company.
    Description: New England Power Co. submits a Fifth Revised Service
Agreement No. 20 with Massachusetts Electric Co. et al. under FERC
Electric Tariff, Original Volume No. 1.
    Filed Date: 01/27/2006.
    Accession Number: 20060201-0150.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER06-557-000.
    Applicants: EL Paso Electric Company.
    Description: El Paso Electric Co. submits a Power Purchase and Sale
Agreement with Phelps Dodge Energy Services, LLC and Certificate of
Concurrence filed 01/31/06.
    Filed Date: 01/27/2006.
    Accession Number: 20060131-0030.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER93-493-016.
    Applicants: Milford Power Limited Partnership.
    Description: Milford Power Limited Partners submits amendment to
its FERC Electric Tariff No.1.
    Filed Date: 01/27/2006.
    Accession Number: 20060201-0120.
    Comment Date: 5 p.m. eastern time on Friday, February 17, 2006.

    Docket Numbers: ER99-4503-004.
    Applicants: PP&L Great Works LLC.
    Description: PPL Great Works, LLC submits second triennial market
power update.
    Filed Date: 01/24/2006.
    Accession Number: 20060201-0123.
    Comment Date: 5 p.m. eastern time on Tuesday, February 14, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be

listed as a contact for an intervenor must create and validate an
eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-1849 Filed 2-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34952-34953]
[FR Doc No: 2019-15384]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

TUV SUD America, Inc.: Application for Expansion of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of TUV SUD
America, Inc., for expansion of the scope of recognition as a
Nationally Recognized Testing Laboratory (NRTL) and presents the
agency's preliminary finding to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 5, 2019.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0043,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2007-0043). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at https://www.regulations.gov. Therefore, the agency cautions commenters about
submitting statements they do not want made available to the public, or
submitting comments that contain personal information (either about
themselves or others) such as Social Security numbers, birth dates, and
medical data.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before August 5, 2019 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that TUV SUD America, Inc. (TUVAM), is applying for expansion of
current recognition as a NRTL. TUVAM requests the addition of one
recognized testing and certification site to its NRTL scope of
recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including TUVAM, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM currently has six facilities (sites) recognized by OSHA for
product testing and certification, with headquarters located at: TUV
SUD America, Inc., 10 Technology Drive, Peabody, Massachusetts 01960. A
complete list of TUVAM sites recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuvam.html.

II. General Background on the Application

    TUVAM submitted an application, dated June 29, 2018 (OSHA-2007-
0043-0027) to expand recognition to include the addition of one
recognized testing and certification site located at: TUV SUD
Certification and Testing (China) Co. Ltd. Shanghai Branch 3-13, No.
151 Heng Tong Road, Shanghai 200070, P.R. China. OSHA staff performed
an on-site review of TUVAM's testing facilities on April 19-20, 2018 at
TUV SUD Shanghai in which the assessors found some nonconformances with
the requirements of 29 CFR 1910.7. TUVAM addressed these
nonconformances satisfactorily, and OSHA has made a preliminary
decision to approve the application.

III. Preliminary Finding on the Application

    TUVAM submitted an acceptable application for expansion of its
scope of recognition. OSHA's review of the application files and
detailed on-site assessments indicate that TUVAM can meet the
requirements prescribed by 29 CFR 1910.7 for expanding recognition to
include the addition of one recognized testing and certification site.
This preliminary finding does not constitute an interim or temporary
approval of TUVAM's application.
    OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified. To obtain or review copies
of the exhibits identified in this notice, as well as comments
submitted to the docket, contact the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor, listed in
ADDRESSES. These materials also are available online at https://www.regulations.gov under Docket No. OSHA-2007-0043.
    OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary for
Occupational Safety and Health on whether to grant TUVAM's application
for expansion of its scope of recognition. The Assistant Secretary will
make the final decision on granting the application. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

IV. Authority and Signature

    Loren Sweatt, Acting Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 5, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-15384 Filed 7-18-19; 8:45 am]
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[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Rules and Regulations]
[Page 25506]
[DOCID:fr07my08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0059; Airspace Docket No. 08-ANE-90]

Establishment of Class E Airspace; Fort Kent, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, confirmation of effective date.

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SUMMARY: This action confirms the effective date of a direct final rule
published in the Federal Register (73 FR 9451) that establishes Class E
Airspace at Fort Kent, ME to support a new Area Navigation (RNAV)
Global Positioning System (GPS) Special Instrument Approach Procedure
(IAP) that has been developed for medical flight operations into the
Northern Maine Medical Center.

DATES: Effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date

    The FAA published this direct final rule with a request for
comments in the Federal Register on February 21, 2008 (73 FR 9451),
Docket No. FAA-2008-0059; Airspace Docket No. 08-ANE-90. The FAA uses
the direct final rulemaking procedure for a non-controversial rule
where the FAA believes that there will be no adverse public comment.
This direct final rule advised the public that no adverse comments were
anticipated, and that unless a written adverse comment, or a written
notice of intent to submit such an adverse comment, were received
within the comment period, the regulation would become effective on
June 5, 2008. No adverse comments were received, and thus this notice
confirms that effective date.

    Issued in College Park, Georgia, on April 18, 2008.
John D. Haley,
Acting Manager, System Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-9831 Filed 5-6-08; 8:45 am]

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[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7411-7412]
[DOCID:fr17fe09-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13322-000]

City of Cortez, CO; Notice of Conduit Exemption Application
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

February 6, 2009.
    On November 5, 2008, City of Cortez, Colorado (Cortez), filed an
application pursuant to 16 U.S.C. 791a-825r of the Federal Power Act,
for conduit exemption of the Cortez Micro Hydroelectric Project, to be
located on the raw water supply conduit from the Dolores Canal to the
Cortez's water treatment plant in Montezuma County, Colorado.
    The proposed Cortez Micro Hydroelectric Project consists of: (1) A
proposed powerhouse containing one generating unit having an installed
capacity of 240 kilowatts, and (2) appurtenant facilities. The City of

Cortez, Colorado, estimates the project would have an average annual
generation of 1,400 megawatt-hours that would be sold to a local
utility.
    Applicant Contact: Mr. Jack Nickerson, Public Works Director, City
of Cortez, Colorado, Service Center, 110 W. Progress Circle, Cortez, CO
81321, phone<PHONE_NUMBER>.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 45 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http: //www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http: //
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13322) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3226 Filed 2-13-09; 8:45 am]

BILLING CODE 6717-01-P