[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Notices]
[Page 71344-71347]
[DOCID:fr28no05-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52798; File No. SR-CBOE-2005-46]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving a Proposed Rule Change and Amendment No.
1 Thereto and Notice of Filing and Order Granting Accelerated Approval
to Amendments No. 2 and 4 Thereto Relating to the Removal of Agency
Responsibilities From Designated Primary Market-Makers and the
Establishment of PAR Officials

November 18, 2005.

I. Introduction

    On June 10, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend its rules relating to
Designated Primary Market-Makers (``DPMs'') to eliminate the DPM's
responsibility to act as agent in the options in which it is registered
as the DPM on the Exchange. Instead, the Exchange has proposed to
designate a CBOE employee or independent contractor (``PAR Official'')
to be responsible for assuming the responsibility for handling certain
orders currently undertaken by the DPMs in their allocated options
classes, including the operation of the PAR workstation. The Exchange
filed Amendment No. 1 with the Commission on July 1, 2005.\3\ The
amended proposal was published for comment in the Federal Register on
July 19, 2005.\4\ The Commission received one comment letter regarding
the proposal.\5\ The Exchange filed Amendment No. 2 with the Commission
on October 6, 2005.\6\ The Exchange filed Amendment No. 3 with the
Commission on November 17, 2005, and withdrew Amendment No. 3 on
November 18, 2005. The Exchange filed Amendment No. 4 with the
Commission on November 18, 2005.\7\ This order approves the proposed
rule change, as amended. In addition, the Commission seeks comment from
interested persons on Amendments No. 2 and 4.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superceded the original rule
filing in its entirety.
    \4\ See Securities Exchange Act Release No. 52017 (July 12,
2005), 70 FR 41453 (``Notice'').
    \5\ See e-mail from Margaret Wiermanski, Chief Operations and
Compliance Officer, CTC, LLC, dated July 29, 2005 (``CTC Letter'').
    \6\ See Partial Amendment, submitted by James Flynn, Assistant
Secretary, CBOE (``Amendment No. 2''). In Amendment No. 2, CBOE
proposed an additional change to CBOE Rule 6.8 to conform the text
of this rule with the proposal.
    \7\ See Partial Amendment, submitted by James Flynn, Assistant
Secretary, CBOE (``Amendment No. 4''). In Amendment No. 4, CBOE
proposed additional changes to CBOE Rules 6.45, 6.45A, 6.45B, 8.94,
and 17.50 to conform the text of these rules with the proposal.
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II. Description of Proposed Rule

    Under its current rules, a DPM is defined as a ``member
organization that is approved by the Exchange to function in allocated
securities as a Market-Maker * * *, as a Floor Broker * * *, and as an
Order Book Official * * *.\8\ CBOE Rule 8.85 further sets out the DPM's
obligations regarding agency transactions. According to the CBOE, its
uniform practice has been to require DPMs to act as Floor Brokers for
the classes of options assigned to them. Accordingly, all DPMs on CBOE
presently act as both agent and principal

in their allocated options on the Exchange.
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    \8\ See CBOE Rule 8.80.
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    The CBOE has now determined to eliminate a DPM's agency duties,
including the responsibilities associated with operating the PAR
workstation. Specifically, CBOE has proposed to amend its rules to
remove a DPM's obligation to act as an agent or Floor Broker in its
allocated securities on the Exchange. In a DPM's place, the Exchange
has proposed to designate a PAR Official who will be responsible for
handling certain orders in the same manner as they were formerly
handled by the DPM. In particular, the PAR Official will operate the
PAR workstation, maintain the public customer limit order book for its
assigned non-Hybrid option classes, execute orders that are sent to the
PAR workstation or that are placed on the limit order book, display
eligible limit orders, and undertake the obligations related to
handling certain Linkage Orders.\9\
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    \9\ See infra note 10.
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    The Exchange has proposed to amend its definition of ``Principal
Acting as Agent (`P/A') Order'' to remove the requirement that a
Market-Maker act as an agent for the unexecuted customer order related
to the P/A Order.\10\ The CBOE proposed this change to conform to its
proposal to remove the DPM's agency responsibilities. The proposed rule
change also assigned certain obligations to the PAR Officials related
to the handling of Linkage Orders, including using a DPM's account to
route P/A Orders, Principal Orders on behalf of orders in the custody
of the PAR Official that are for the account of a broker-dealer, and
Satisfaction Orders to other participants in the Linkage Plan. In
addition, PAR Officials would have the obligation to handle all Linkage
Orders or portions of Linkage Orders received by the Exchange that are
not automatically executed, and to use the DPM's account to fill a
Satisfaction Order that results from a Trade-Through that is effected
on the Exchange by a PAR Official. The proposed rule change also
requires DPMs to provide prior written instructions to the PAR
Officials regarding routing Linkage Orders and handling responses to
Linkage Orders.
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    \10\ The proposed rule change would amend CBOE Rule 6.80(12) to
provide that ``Linkage Order'' means an Immediate or Cancel Order
routed through the Linkage as permitted under the Plan for the
Purpose of Creating and Operating an Intermarket Option Linkage
(``Linkage Plan''). Amended Rule 6.80(12) would change the
definition of ``Principal Acting as Agent (`P/A') Order'' to be ``an
order for the principal account of a Market-Maker (or equivalent
entity on another Participant Exchange that is authorized to
represent Customer orders) reflecting the terms of a related
unexecuted Customer order.''
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    The CBOE has proposed measures designed to ensure the independence
of PAR Officials from Exchange members. Specifically, the PAR Official
would be required to be an Exchange employee or independent contractor
whose compensation would be determined, and paid, solely by CBOE.
Further, the PAR Official would be prohibited from having an
affiliation with any CBOE member that acts as a Market-Maker on the
Exchange.
    Because the DPM would no longer be operating the PAR workstation,
CBOE proposed to amend its Rule 8.51, which defines when a DPM's firm
quote obligation attaches for orders received over PAR. Interpretation
and Policy .10 to CBOE Rule 8.51 currently provides that, in the case
of orders received at a PAR workstation in a DPM trading crowd, the
DPM's firm quote obligation attaches at the time the order is received
on the PAR workstation. CBOE has proposed to clarify that firm quote
obligations attach to all responsible brokers or dealers in the trading
crowd, which may include the DPM, at such time as when the PAR Official
announces the order to the crowd. The Exchange has proposed this
clarification in light of the fact that DPMs will no longer represent
orders as Floor Broker from the instant such orders are received on the
PAR workstation.
    In Amendment No. 2, the Exchange has proposed to amend subsection
(d)(vi) of Rule 6.8 (RAES Operations) to indicate that: (1) DPMs no
longer would be responsible for handling or representing orders that
are routed to a CBOE PAR workstation or to the Exchange's ``Live Ammo''
functionality, and (2) to the extent that a PAR Official would be
taking such responsibilities, the PAR Official will be required to use
his or her best efforts to attempt to ensure that members receive an
allocation of any incoming orders for up to their disseminated size.
    In Amendment No. 4, the Exchange has proposed to amend CBOE Rule
8.93 (e-DPM Obligations) to exclude from the e-DPM's obligations the
proposed obligation of DPMs to allow a PAR Official to use the DPM's
account to send and respond to linkage orders.\11\ The Exchange
represents that PAR Officials will use only DPM accounts, not e-DPM
accounts, to generate linkage orders and responses as required by
proposed CBOE Rule 7.12(e).\12\ The Exchange also has proposed
conforming changes to CBOE Rules 6.45 (Priority of Bids and Offers--
Allocation of Trades), 6.45A (Priority and Allocation of Equity Option
Trades on the CBOE Hybrid System), 6.45B (Priority and Allocation of
Trades in Index Options and Options on ETFs on the CBOE Hybrid System),
8.93, and 17.50 (Imposition of Fines for Minor Rule Violations) to
reflect (1) that customer orders currently represented by DPMs would be
represented by PAR Officials under the proposal and (2) the proposed
removal of DPMs' agency obligations under CBOE Rule 8.85(b).
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    \11\ See Proposed CBOE Rule 8.85(a)(xiv).
    \12\ Telephone conversation between James Flynn, Assistant
Secretary, CBOE, and Tim Fox, Special Counsel, and Nathan Saunders,
Special Counsel, Division of Market Regulation (``Division''),
Commission, on November 17, 2005.
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    The text of the changes proposed in Amendments No. 2 and 4 is
available on CBOE's Web site (http://www.cboe.org/legal/), at CBOE's

office of the secretary, and at the Commission's Public Reference Room.

III. Summary of Comments

    The Commission received one comment letter on the proposed rule
change.\13\ The commenter, a member firm of the Exchange, endorsed the
proposed rule filing and agreed with its purpose and intent. However,
the commenter suggested that the proposal be initially approved on a
three-month pilot basis to provide the Exchange, its members, and its
participants with ``some working experience'' before the rule is
permanently approved. The commenter wrote that certain ``basic
operational considerations'' related to the implementation of the
proposed rule change are still unknown--for example, the mechanics of
how Linkage Orders will be booked into the DPM's account by the PAR
Official, and how the new procedures would affect CBOE's membership
rules and compliance by CBOE with the consolidated options audit trail
system (``COATS'') regulations. The commenter suggested that a pilot
period would make any required modification to the rules
administratively easier to accomplish.
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    \13\ See CTC Letter, supra note 5.
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    The CBOE responded to the commenter's concerns related to the
implementation and operation of the PAR Official program.\14\ The CBOE
emphasized the long-term goals of the PAR Official program were
promoted by this filing because it would ``eliminat[e] the risks
associated with a DPM acting as both principal and agent * * *.'' The
CBOE suggested that a pilot program could ``frustrate these efforts''
and create ``uncertainty'' regarding the status of the DPM program. The
Exchange also

represented that it believed a better mechanism to resolve the
complications that arise as a result of the proposed rule change would
be for the CBOE to address the problems promptly, either through
additional rule filing(s), systems enhancements, or operation
modifications. In addition, the CBOE pointed out that the proposal
already provides a three-month period following approval for the CBOE
and its members to fully implement the PAR Official program in all DPM
trading stations, which the CBOE believes should allow it to address
any implementation issues that may arise as a result of the proposed
rule change.
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    \14\ See E-mail from James Flynn, Attorney II, CBOE to Jonathan
G. Katz, Secretary, Commission, dated September 1, 2005.
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IV. Discussion

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\15\ In particular, the Commission believes that
the proposal is consistent with the requirements of Section 6(b)(5) of
the Act,\16\ which requires, among other things, that the rules of a
national securities exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, 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.
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    \15\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \16\ 15 U.S.C. 78f(b)(5).
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    With this proposal, CBOE seeks to eliminate the conflicts of
interest that currently exist for their DPMs. Specifically, DPMs today
trade for their own accounts as Market-Makers and act as agents for
certain orders in their allocated options. CBOE has proposed to
eliminate the DPM's obligation and permission to act as agent.\17\ The
Commission believes that eliminating a DPM's obligation and permission
to act as agent will promote just and equitable principles of trade and
protect investors and the public interest.\18\
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    \17\ The Commission notes that CBOE Rule 8.85(b), as amended,
will no longer permit a DPM to act as an agent for customer orders.
However, to the extent that a DPM nevertheless undertakes to
represent a customer's order in violation of CBOE Rule 8.85(b), the
DPM will assume all the duties and liabilities of an agent to a
principal during the course of such representation. See Section 1 of
the Restatement, 2d of Agency.
    \18\ In addition, CBOE Rule 4.18, Prevention of the Misuse of
Material, Nonpublic Information, will have the effect of mitigating
conflicts of interest that might arise when an affiliate of the DPM
acts as agent for a customer order in one of the DPM's assigned
options classes. CBOE Rule 4.18 requires that every member ``shall
establish, maintain and enforce written policies and procedures
reasonably designed * * * to prevent the misuse * * * of material,
nonpublic information by persons associated with such member.'' The
Exchange represented that this requirement will have the effect of
restricting the sharing of material, nonpublic information between
the DPM and any affiliate of the DPM who acts as agent for a
customer order. Telephone conversation between James Flynn,
Assistant Secretary, CBOE, and Kelly Riley, Assistant Director, and
Nathan Saunders, Special Counsel, Division, Commission, on October
21, 2005.
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    CBOE has proposed that orders that currently are represented by
DPMs as agent be handled by Exchange employees known as PAR Officials
and would require that their compensation be determined and paid
exclusively by the Exchange. CBOE has also proposed to prohibit
affiliations between PAR Officials and CBOE Market-Makers to ensure the
PAR Officials are independent from Exchange Market-Makers' interests.
The restrictions will mitigate potential conflicts of interest.
    Pursuant to the proposed rule change, PAR Officials will undertake
comparable responsibilities currently held by DPMs with respect to
customer orders. For example, the PAR Official must use due diligence
to execute the orders placed in his or her custody at the best prices
available to him or her under the CBOE rules. In addition, PAR
Officials will assume the obligations related to displaying public
customer orders that improve CBOE's disseminated quote by maintaining
Autobook, the Exchange's automated limit order display facility, and
keeping it active. Accordingly, the Commission believes that the CBOE's
proposal should ensure that customers' orders continue to be
represented and handled in a timely fashion on the Exchange.
    The PAR Officials would assume responsibilities related to Linkage
Orders. Specifically, a PAR Official would use a DPM's account to route
P/A Orders, Principal Orders on behalf of orders in the custody of the
PAR Official that are for the account of a broker-dealer, and
Satisfaction Orders to other participants in the Linkage Plan based on
prior written instructions provided by the DPM to the PAR Official.\19\
The written instructions provided by the DPM will also include
direction as to how the PAR Official should handle responses to Linkage
Orders routed to other Linkage Participants that are not responded to
in a timely manner.\20\ The PAR Official will also use the DPM's
account to fill any Satisfaction Order that results from a Trade-
Through that is effected on the Exchange by PAR Officials. Finally, the
PAR Official will handle all Linkage Orders or portions of Linkage
Orders received by the Exchange that are not automatically executed.
The Commission believes that the proposed rules governing the handling
of Linkage Orders by the PAR Official and the use of the DPMs' accounts
for routing Linkage Orders is consistent with the promotion of a
national market system because, among other things, it will allow P/A
Orders that reflect the terms of CBOE customer orders to be generated
by CBOE and routed to other Linkage Participant markets, which will
allow a CBOE customer order to receive possible execution at a price
better than the price disseminated by CBOE.
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    \19\ The Commission today is also granting the CBOE a
conditional exemption from the requirement in Rule 608(c) of
Regulation NMS promulgated under the Act that the CBOE comply with
and enforce compliance by its members with certain provisions of the
Linkage Plan to facilitate the establishment of PAR Officials and
their handling of Linkage Orders. See Letter from Robert L.D. Colby,
Acting Director, Division of Market Regulation to Joanne Moffic-
Silver, General Counsel, CBOE, dated November 18, 2005.
    \20\ CBOE Rule 6.81(d)(1) specifically addresses the situations
in which a CBOE member does not receive a response to a P Order or
P/A Order within 20 seconds of sending the order.
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    Pursuant to Section 19(b)(2) of the Act,\21\ the Commission finds
good cause for approving Amendments No. 2 and 4 prior to the thirtieth
day after their publication in the Federal Register. In Amendment No.
2, CBOE has proposed an additional change to CBOE Rule 6.8(d)(vi). The
additional change provides that DPMs no longer would be responsible for
handling or representing RAES orders that are routed to the PAR
workstation or to the Exchange's ``Live Ammo'' functionality when
CBOE's disseminated quote is a manual quote (and thus is not eligible
for automatic execution against the RAES order). This responsibility
will belong to the PAR Official following implementation of the
proposed rule change. In Amendment No. 4, CBOE has proposed additional
conforming changes to CBOE Rules 6.45, 6.45A, 6.45B, 8.93, and 17.50 in
order to render these rules consistent with the proposal as set forth
in the Notice published in the Federal Register on July 19, 2005.
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    \21\ 15 U.S.C. 78s(b)(2).
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    The Commission finds good cause to accelerate approval of the
amended proposal because the changes proposed in Amendments No. 2 and 4
are consistent with the Exchange's broader proposal to remove a DPM's
responsibility to act as agent for orders received on the PAR
workstation and instead to assign this responsibility to the PAR
Official.

V. Solicitation of Comments Concerning Amendments No. 2 and 4

    Interested persons are invited to submit written data, views, and
arguments concerning Amendments No. 2 and 4, including whether they are
consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2005-46 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-CBOE-2005-46. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2005-46 and should be submitted on or before
December 19, 2005.

VI. Conclusion

    For the foregoing reasons, the Commission finds that the proposed
rule change, as amended, is consistent with the requirements of the Act
and the rules and regulations thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\22\ that the proposed rule change (File No. SR-CBOE-2005-46), as
amended, is approved, and that Amendments No. 2 and 4 thereto are
approved on an accelerated basis.
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    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\23\
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    \23\ CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6559 Filed 11-25-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70405-70406]
[FR Doc No: 2016-24601]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 553-228]

Seattle City Light; Notice of Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application to Dredge Cobble Bar in Project
Tailrace.
    b. Project No: 553-228.
    c. Date Filed: May 27, 2016.
    d. Applicant: Seattle City Light.
    e. Name of Project: Skagit River Hydroelectric Project.
    f. Location: The project is located on the Skagit River in
Snohomish, Skagit, and Whatcom counties, Washington. The project
occupies Federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Colleen McShane, Manager, Natural Resources
and Environmental Permitting, Seattle City Light, 700 5th Ave., Suite
3200, P.O. Box 34023, Seattle, WA 98124-4023,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. FERC Contact: Kurt Powers,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: November 4, 2016.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at

http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-553-228.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The Skagit River Hydroelectric Project
consists of Gorge, Diablo, and Ross Dams and their associated
reservoirs, structures, and facilities. Seattle City Light proposes to
remove approximately 18,000 cubic yards of a 2.2-acre cobble bar
located at the upper end of Gorge Lake, at the confluence of the Skagit
River and Stetattle Creek in Whatcom County, Washington, to restore
power generating capacity to the Diablo Powerhouse and to provide
maintenance access to the turbine scroll cases. Seattle City Light
estimates that an additional 8,700 megawatt-hours per year could be
generated if the cobble bar was removed. The proposed excavation site
is located within the Ross Lake National Recreation Area which is
administered by the National Park Service. The Recreation Area is
surrounded by lands of the North Cascades National Park and the Mount
Baker-Snoqualmie, Okanogan, and Wenatchee National Forests.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site 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. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: October 5, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-24601 Filed 10-11-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Notices]
[Page 10793-10795]
[DOCID:fr09mr07-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55378; File No. SR-Amex-2007-17]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Revising the AEMI and AEMI-One Rules
Relating to Portfolio Depositary Receipts and Index Fund Shares

March 1, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 5, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Amex. The
Exchange filed the proposal as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. On February 22, 2007, the Exchange filed Amendment No.
1 to the proposed rule change. The Commission is publishing this notice
to solicit comments on the proposed rule change, as amended, 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).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise two of its AEMI rules and two of
its AEMI-One rules, relating in each case to portfolio depositary
receipts (``PDRs'') and index fund shares (``IFSs'') that trade on the
Amex, in order to conform these rules to changes previously approved by
the Commission to the corresponding legacy rules for these securities.
Among other things, these proposed changes include generic listing
standards for series of PDRs and IFSs that are based on international
or global indexes or on indexes previously approved by the Commission
for the trading of PDRs, IFSs, options or other specified index-based
securities. The proposed conforming rule changes would not make any
changes to the manner in which PDRs and IFSs trade on the AEMI
platform, but are concerned primarily with eligibility criteria for
index components, index methodology and calculation, and intraday
dissemination of information on estimated share value. The text of the
proposed rule change is available at Amex, the Commission's Public
Reference Room, and http://www.amex.com.

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 has recently adopted two sets of rules in connection
with the operation of its new hybrid market trading platform for equity
products and exchange traded funds, designated as AEMI \SM\ (the
``Auction and Electronic Market Integration'' platform). The initial
version of AEMI is referred to as ``AEMI-One'' and is currently
operational on a pilot basis \5\ through the day prior to the final
date set by the Commission for full operation of all automated trading
centers that intend to qualify their quotations for trade-through
protection under Rule 611 of Regulation NMS \6\ (the latter date being
referred to as the ``Trading Phase Date'').\7\ On the Trading Phase
Date, the regular AEMI rules will become effective \8\ and the AEMI-One
rules will cease to be operative. As each security is migrated from the
legacy platform to the AEMI platform during the AEMI-One pilot, any
legacy rule for which there is a corresponding AEMI-One rule will cease
to be applicable and the AEMI-One rule will then become the applicable
rule for that security (e.g., Rule 1000 will cease to apply and Rule
1000-AEMI-One will become applicable). Other legacy rules with respect
to PDRs and IFSs without corresponding AEMI-One or AEMI counterpart
rules (e.g., Rule 1001 or Rule 1001A) will continue to be applicable to
AEMI and the AEMI-One pilot.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54709 (Nov. 3,
2006), 71 FR 65847 (Nov. 9, 2006) (SR-Amex-2006-72) (Order Approving
a Proposed Rule Change and Amendment No 1 Thereto, and Notice of
Filing and Order Granting Accelerated Approval to Amendment No. 3,
To Adopt New Rules To Implement on a Pilot Basis an Initial Version
of AEMI, Its Proposed New Hybrid Market Trading Platform For Equity
Products and Exchange Traded Funds).
    \6\ 17 CFR 242.611. The Order Protection Rule requires trading
centers to establish, maintain and enforce written policies and
procedures reasonably designed to prevent the execution of trades at
prices inferior to protected quotations displayed by other trading
centers, subject to certain exceptions.
    \7\ The Trading Phase Date is currently established as March 5,
2007.
    \8\ See Securities Exchange Act Release No. 54552 (Sept. 29,
2006), 71 FR 59546 (Oct. 10, 2006) (SR-Amex-2005-104) (Order
Approving a Proposed Rule Change and Amendments No. 1, 2, 3, 4, and
5 Thereto, and Notice of Filing and Order Granting Accelerated
Approval to Amendment No. 6, To Establish a New Hybrid Trading
System Known as AEMI).
---------------------------------------------------------------------------

    The Exchange proposes to revise Rules 1000-AEMI-One and 1000-AEMI
(relating to PDRs) and Rules 1000A-AEMI-One 1000A-AEMI (relating to
IFSs) in order to conform these rules to changes previously approved by
the Commission to the corresponding legacy rules for these securities.
In particular, the Exchange is proposing to make the same changes to
these AEMI-One and AEMI rules that were approved by the Commission for
legacy Rules 1000 and 1000A in Securities Exchange Act Release Nos.
54739 and 55018.\9\ Among other things, these proposed changes include
generic listing standards for series of PDRs and IFSs that are based on
international or global indexes or on indexes previously approved by
the Commission for the trading of PDRs, IFSs, options or other
specified index-based securities. The proposed conforming rule changes
would not make any changes to the manner in which PDRs and IFSs trade
on the AEMI platform, but are concerned primarily with eligibility
criteria for index components, index methodology and calculation, and
intraday dissemination of information on estimated share value. The
Exchange states that the proposed rule text is substantially identical
to the

text of the existing legacy rules mentioned above.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 54739 (Nov. 9,
2006), 71 FR 66993 (Nov. 17, 2006) (SR-Amex-2006-78) (Order Granting
Accelerated Approval to Proposed Rule Change and Amendment No. 1
Thereto and Notice of Filing and Order Granting Accelerated Approval
to Amendment No. 2 Thereto Relating to Generic Listing Standards for
Series of Portfolio Depositary Receipts and Index Fund Shares Based
on International or Global Indexes); see also Securities Exchange
Act Release No. 55018 (Dec. 28, 2006), 72 FR 1040 (Jan. 9, 2007)
(SR-Amex-2006-109) (Notice of Filing and Order Granting Accelerated
Approval of a Proposed Rule Change and Amendment No. 1 Thereto
Relating to Listing Standards for Series of Portfolio Depositary
Receipts and Index Fund Shares).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\10\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\11\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change will impose no burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.

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

    Because the forgoing rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
after the date of this filing (or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest), it has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    Normally, a proposed rule change filed under 19b-4(f)(6) may not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \14\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to 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 requested that the Commission waive the five-day pre-
filing requirement and the 30-day operative delay because all of the
securities trading on the Exchange are trading on the AEMI platform
under the AEMI-One pilot and subject to the AEMI-One rules (rather than
the legacy rules), which will be replaced by the AEMI rules on the
Trading Phase Date.\15\ In addition, recently, the Exchange submitted
another proposed rule change that would revise legacy Rules 1000 and
1000A.\16\ The Exchange states that, upon approval, those rules will
require another rule filing to provide for changes to the corresponding
AEMI-One and AEMI rules, and believes that there is likely to be less
confusion regarding the latter filing if the changes proposed in the
instant rule filing are approved and become operative first.
---------------------------------------------------------------------------

    \14\ Id.
    \15\ The Exchange notes that, in contrast to the Exchange's
AEMI-One rules, its AEMI rules (and any changes thereto) will not
actually become effective and operative (as provided in Rule 1A-
AEMI) until the Trading Phase Date, currently scheduled for March 5,
2007. That date is within the 30-day delay period, so a waiver is
needed.
    \16\ See Securities Exchange Act Release No. 55240 (Feb. 5,
2007), 72 FR 6624 (SR-Amex-2007-07) (Notice of Filing of Proposed
Rule Change and Amendment No. 1 Thereto Amending Existing Rules for
Portfolio Depositary Receipts and Index Fund Shares).
---------------------------------------------------------------------------

    The Commission has determined to waive the five-day pre-filing
notice requirement. In addition, the Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver would permit a
smoother transition to the AEMI-One and AEMI rules. The Commission
notes that the proposed rule text is substantially identical to the
text of CBOE's existing legacy rules.\17\ For this reason, the
Commission designates the proposed rule change to be effective and
operative upon filing with the Commission.\18\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release Nos. 54739 and 55018,
supra note 9. The same standards previously approved by the
Commission (eligibility criteria for index components, index
methodology and calculation, and intraday dissemination of
information on estimated share values) that are already in place
with respect to securities trading on the legacy platform will, as a
result of this proposed rule change, merely continue to apply to
those same securities once they are migrated to the AEMI platform.
    \18\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate 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.\19\
---------------------------------------------------------------------------

    \19\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change, the
Commission considers the period to commence on February 22, 2007,
the date on which the Exchange filed Amendment No. 1.
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2007-17 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Amex-2007-17. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. 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-Amex-2007-17 and should be submitted on or before March 30,
2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-4190 Filed 3-8-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18331-18333]
[FR Doc No: 2013-06833]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF13-6-000]

East Tennessee Natural Gas, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Planned Kingsport Expansion Project
and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Kingsport Expansion Project
involving construction and operation of facilities by East Tennessee
Natural Gas, LLC (ETNG) in Sullivan County, Tennessee and Washington
and Smyth Counties, Virginia. The Commission will use this EA in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on April 19, 2013.
    You may submit comments in written form or verbally. Further
details on how to submit written comments are in the Public
Participation section of this notice.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically-asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    ETNG plans to construct and operate approximately 9.8 miles of new
16-inch-diameter pipeline along with related appurtenant facilities;
replace approximately 5.8 miles of 8-inch-diameter pipeline with 24-
inch-diameter pipe; and make modifications at the Glade Spring
Compressor Station and Fordtown Compressor Station. The Kingsport
Expansion Project would provide about 61,000 dekatherms per day of
natural gas to the existing Eastman Chemical Company (Eastman) in
Kingsport, Tennessee. According to ETNG, Eastman plans to convert
multiple coal-fired boilers at its existing chemical plant to natural
gas service.
    The Kingsport Expansion Project would consist of the following
facilities:

Sullivan County, Tennessee

     construction of approximately 6.4 miles of new 16-inch-
diameter natural gas pipeline mainline extension, a tee and tap, and
related appurtenant facilities along existing ETNG pipeline easements
and new right-of-way;
     installation of a new meter facility; and
     modifications at the Fordtown Compressor Station.

Washington County, Virginia

     construction of approximately 3.4 miles of 16-inch-
diameter loop \1\ of the existing Nora Line along existing ETNG
pipeline easements; and
---------------------------------------------------------------------------

    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
---------------------------------------------------------------------------

     modifications at the Glade Spring Compressor Station.

Washington and Smyth Counties, Virginia

     replacement of 8-inch-diameter pipeline with 24-inch-
diameter pipeline beginning at the existing Glade Spring Compressor
Station in Washington County, Virginia and extending approximately 5.8
miles to Saltville in Smyth County, Virginia.
    The general location of the project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the planned facilities would disturb about 224.62
acres of land for the aboveground facilities and the pipeline.
Following construction, ETNG would maintain about 28.80 acres for
permanent operation of the project's facilities; the remaining acreage
would be restored and revert to former uses. About 30 percent of the
planned pipeline route parallels existing pipeline, utility, or road
rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all

filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     water resources, fisheries, and wetlands;
     vegetation and wildlife;
     endangered and threatened species;
     cultural resources;
     geology and soils;
     land use;
     air quality and noise; and
     public safety.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EA.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before we make our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the EA.\4\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

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

    \5\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before April
19, 2013. This is not your only public input opportunity; please refer
to the Environmental Review Process flowchart in appendix 2.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (PF13-6-000) with your submission. The Commission
encourages electronic filing of comments and has expert staff available
to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. This is an easy method for interested
persons to submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature located on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

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

Becoming an Intervenor

    Once ETNG files its application with the Commission, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an

intervenor are in the User's Guide under the ``e-filing'' link on the
Commission's Web site. Please note that the Commission will not accept
requests for intervenor status at this time. You must wait until the
Commission receives a formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF13-
6). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: March 20, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-06833 Filed 3-25-13; 8:45 am]
BILLING CODE 6717-01-P