[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Pages 56804-56805]
[FR Doc No: 2019-23098]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15006-000]

Owyhee Energy Storage, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

October 17, 2019.
    On September 4, 2019, Owyhee Energy Storage, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Owyhee Pumped Storage Project (Owyhee Project or project) to be located
on Lake Owyhee, near Adrian, Malheur County, Oregon. The sole purpose
of a preliminary permit, if issued, is to grant the permit holder
priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) A new 105-
foot-high, 1,260-foot-long zoned earth and rockfill or concrete-face
rockfill dam forming a lined upper reservoir with a surface area of 85
acres and a storage capacity of 3,410 acre-feet at a maximum surface
elevation of 4,330 feet mean sea level (msl); (2) an existing 470-foot-
high, 833-foot-long concrete arch dam forming the existing Lake Owyhee
(lower reservoir) with a surface area of 13,900 acres and a storage
capacity of 1,120,000 acre-feet at a maximum surface elevation of 2,650
feet msl; (3) a new 14,100-foot-long conduit connecting the upper and
lower reservoirs consisting of a 2,200-foot-long, 17-foot-diameter
concrete-lined low-pressure tunnel, a 7,100-foot-long, 17-foot-diameter
concrete and steel lined pressure shaft, and a 4,800-foot-long, 20-
foot-diameter concrete-lined tailrace; (4) a new 80-foot-long, 280-
foot-wide, 120-foot-high underground powerhouse containing three
reversible pump-turbine units rated at 200 megawatts (MW) each for a
total capacity of 600 MW; (5) either 2.6 or 8 miles of double circuit
230-kilovolt transmission line interconnecting with either the
Midpoint-Hemingway-Summer Line or the Boardman-Hemingway line,
depending on the design of infrastructure; and (6) appurtenant
facilities. The estimated annual generation of the Owyhee Project would
be 946,080 megawatt-hours.

    Applicant Contact: Mr. Luigi Resta, Owyhee Energy Storage, LLC, 201
S. Main St., Ste. 2000, Salt Lake City, Utah 84111; phone: (415) 602-
2569.
    FERC Contact: John Matkowski; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications 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
exception occurred on : 2019-23098.htm
exception occurred on : 2019-23098.htm
exception occurred on : 2019-23098.htm
FERCOnlin[email protected],<PHONE_NUMBER> (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-15006-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15006) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: October 17, 2019.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-23098 Filed 10-22-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3830-3832]
[FR Doc No: 2016-01289]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

MET Laboratories, Inc.: Application for Expansion of Recognition
and Modification to the List of Appropriate NRTL Program Test Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of MET
Laboratories, Inc. for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the Agency's
preliminary finding to grant the application. Additionally, OSHA
proposes to add three new test standards to the NRTL Program's list of
appropriate test standards.

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 February 8, 2016.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0028, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2006-0028). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://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.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. 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.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before February 8, 2016 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-3655, 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, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; 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, 200 Constitution Avenue NW., Room N-3655,
Washington, DC 20210; phone:<PHONE_NUMBER> or email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that MET Laboratories, Inc. (MET), is applying for expansion of
its current recognition as an NRTL. MET requests the addition of five
test standards to its NRTL scope of recognition.
    OSHA recognition of an 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 its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
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 an 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 its preliminary finding. In the second notice,
the Agency provides its 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 MET, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    MET currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters located at:
MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland
21230. A complete list of MET's scope of recognition is available at
https://www.osha.gov/dts/otpca/nrtl/met.html.

II. General Background on the Application

    MET submitted five applications, two dated April 6, 2015 (OSHA-
2006-0028-0020) and three dated May 29, 2015 (OSHA-2006-0028-0021), to
expand its recognition to include five additional test standards. OSHA
staff performed a detailed analysis of the application packet and
reviewed other pertinent information. OSHA did not perform any on-site
reviews in relation to this application.
    Table 1 below lists the appropriate test standards found in MET's
applications for expansion for testing and certification of products
under the NRTL Program. As discussed below, OSHA is proposing to add
three of these test standards to the appropriate test standard list by
this notice.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     MET's NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 2738...........................  Standard for Induction Power
                                     Transmitters and Receivers for Use
                                     with Low Energy Products.
UL 8750...........................  Standard for Light Emitting Diode
                                     (LED) Equipment for Use in Lighting
                                     Products.
UL 8752 *.........................  Organic Light Emitting Diode (LED)
                                     Panels.
UL 2735 *.........................  Standard for Electric Utility
                                     Meters.
UL 2594 *.........................  Standard for Electric Vehicle Supply
                                     Equipment.
------------------------------------------------------------------------
* Represents a new standard that OSHA is proposing to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standards to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
Agency evaluates the document to (1) verify it represents a product
category for which OSHA requires certification by an NRTL, (2) verify
the document represents an end product and not a component, and (3)
verify the document defines safety test specifications (not
installation or operational performance specifications).
    In this notice, OSHA proposes to add three new test standards to
the NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standards new to the NRTL Program. OSHA preliminarily
determined that these test standards are appropriate test standards and
proposes to include these test standards in the NRTL Program's list of
appropriate test standards. OSHA seeks public comment on this
preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 2735...........................  Standard for Electric Utility
                                     Meters.
UL 2594...........................  Standard for Electric Vehicle Supply
                                     Equipment.
UL 8752...........................  Organic Light Emitting Diode (LED)
                                     Panels.
------------------------------------------------------------------------

IV. Preliminary Findings on MET's Application

    MET submitted acceptable applications for expansion of its scope of
recognition. OSHA's review of the application files and pertinent
documentation indicate that MET can meet the requirements prescribed by
29 CFR 1910.7 for expanding its recognition to include the addition of
these five test standards for NRTL testing and certification listed
above.

This preliminary finding does not constitute an interim or temporary
approval of MET's application.
    OSHA welcomes public comment as to whether MET meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL.
    Comments submitted in response to this notice 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. Commenters must submit the written request for an
extension by the due date for comments. OSHA will limit any extension
to 10 days unless the requester justifies a longer period. OSHA may
deny a request for an extension if the request 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, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0028.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant MET's application for expansion of
its scope of recognition and to add the new test standards to the NRTL
Program's List of Appropriate Test Standards. 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 its final decision in the
Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, 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 January 19, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-01289 Filed 1-21-16; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Pages 38869-38871]
[FR Doc No: 2012-15939]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67251; File No. SR-ISE-2012-56]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Exchange's Obvious Error Rule

June 25, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 14, 2012, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') 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 Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend ISE Rule 720 regarding Obvious
Errors. The text of the proposed rule change is available on the
Exchange's Web site www.ise.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 self-regulatory organization 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 purpose of this proposed rule change is to amend ISE Rule 720
regarding Obvious Errors.\3\ Under the current rule, buyers of options
with a zero bid may request that their execution be busted if at least
the two strikes below (for calls) or above (for puts) in the same
options class were quoted with a zero bid at the time of the
execution.\4\ A zero bid option refers to an option where the bid price
is $0.00. Series of options quoted zero bid are usually deep out-of-
the-money series that are perceived as having little if any chance of
expiring in-the-money. For this reason, relatively few transactions
occur in these series and those that do are usually the result of a
momentary pricing error.
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    \3\ The changes proposed to ISE Rule 720 are based on Chicago
Board Option Exchange (``CBOE'') Rule 6.25.
    \4\ See ISE Rule 720, Supplementary Material .05.
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    This proposed rule change will add additional criteria and
clarifying language to the current rule. Specifically, under the
revised rule, trades in series quoted no bid on the Exchange would be
subject to nullification provided: (i) The bid in that series
immediately preceding the execution was, and for five (5) seconds prior
to the execution remained, zero and (ii) at least one strike below (for
calls) or above (for puts) in the same option class was quoted no bid
at the time of execution. Thus, for example, if a trade occurs in the
ABC 45 call option series when the series was quoted $0.00-$0.10, the
trade may be nullified if (i) the bid was $0.00 for at least five (5)
seconds prior to the execution and (ii) at least one call option series
in ABC with a strike below 45 (e.g., the ABC 30, 35 or 40 call option
series) had a bid of $0.00 at the time of execution.
    The revised no bid provision would also provide that each group of
series in an options class with a non-standard deliverable will be
treated as a separate options class. Thus, for example, if due to a
reorganization certain of the series in the ABC option class have a
deliverable of 150 shares per options contract (as compared to the
standard 100 shares per option contract), all ABC option series that
are subject to the 150 contract delivery requirements would be
considered separately from the ABC

option series that are subject to the 100 contract delivery
requirements for purposes of applying the no bid provision. The revised
rule would also provide that, when determining the Exchange's quotes in
the relevant series, bids and offers of the parties to the subject
trade that are in any of the series in the same options class and are
believed to be erroneous shall not be considered. Thus, for example, if
a member had a system error that caused it to quote a $0.05 bid in all
the series of an options class and a trade(s) resulted in some of those
series, the erroneous $0.05 bids would not be considered when
determining the quoted market in the strike prices below (for calls) or
above (for puts) each of the series for the subject trade(s). Finally,
the revised rule would clarify that the no bid provision is intended to
apply to series quoted no bid on the Exchange (as opposed to series for
which the national best bid is quoted no bid). As is currently
required, buyers must notify ISE's market operations group within the
designated timeframe to seek relief.
    The Exchange believes that the proposed rule change is reasonable
and objective, and would serve to better identify instances where the
no bid provision in intended to apply. The purpose of this proposed
rule change is to align the Exchange's rule with rules currently in
place at other exchanges.\5\ The proposed rule change will provide
members with similar opportunities for trade nullification that are
available on CBOE which has an identical rule in place to address
obvious errors.
---------------------------------------------------------------------------

    \5\ See, for example, CBOE Rule 6.25(a)(2).
---------------------------------------------------------------------------

2. Basis
    The basis under the Securities Exchange Act of 1934 (``Exchange
Act'') for this proposed rule change is the requirement under Section
6(b)(5) that an exchange have rules that are designed to promote just
and equitable principles of trade, and to remove impediments to and
perfect the mechanism for a free and open market and a national market
system, and in general, to protect investors and the public interest.
    The Exchange understands that, in approving proposals of other
exchanges related to adjusting and nullifying option trades involving
obvious errors, the Commission has focused on the need for specificity
and objectivity with respect to exchange determinations and processes
for reviewing such determinations.\6\ In this regard, the Exchange
believes that the proposed rule change would clarify the application of
the Exchange's obvious error rule, while also simplifying the
administration of the rule in order to more efficiently render such
determinations. The Exchange further believes that the proposed rule
change would benefit investors and be in the public's interest because
it would provide increased clarity and specificity concerning the
objective standards used by the Exchange when making trade
nullification determinations.
---------------------------------------------------------------------------

    \6\ See supra note 1. [sic] See also Securities Exchange Act
Release No. 63692 (January 11, 2011), 76 FR 2940 (January 18, 2011)
(SR-Phlx-2010-163).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change would
benefit investors and market participants that are members of multiple
exchanges by more closely aligning the Exchange's rules with respect to
obvious errors with those of other exchanges. In this respect, the
proposed rule change helps foster certainty for market participants
trading on multiple exchanges. Accordingly, the Exchange believes that
the increased specificity resulting from the proposed rule change,
combined with the continued objective nature of the Exchange's process
for rendering and reviewing trade nullification determinations, is
consistent with prior guidance from the Commission, is consistent with
the Exchange Act and is consistent with the maintenance of a fair and
orderly market and the protection of investors and the public interest.

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

    The proposed rule change does not impose any 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

    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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) \7\ of the Act and Rule 19b-
4(f)(6) \8\ thereunder. The Exchange provided the Commission with
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 the proposed rule
change.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2012-56 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2012-56. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public

Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2012-56, and should be submitted on or before July
20, 2012.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-15939 Filed 6-28-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48222-48223]
[FR Doc No: 2022-16956]

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DEPARTMENT OF TRANSPORTATION

[DOT-OST-2022-0088]

Notice of Solicitation of Membership for the DOT Advisory
Committee on Human Trafficking (ACHT)

AGENCY: Office of the Secretary of Transportation (OST), U.S.
Department of Transportation (DOT).

ACTION: Notice of solicitation of membership.

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SUMMARY: Pursuant to Section 23020, Report on human trafficking
violations involving commercial motor vehicles, of the Bipartisan
Infrastructure Law (BIL), enacted as the Infrastructure Investment and
Jobs Act, the Secretary of Transportation (Secretary) requests
nominations for membership on the Department of Transportation Advisory
Committee on Human Trafficking (Committee). The Committee was
reestablished on July 29, 2022, to fulfill the BIL requirement.

DATES: Nominations for Committee members must be received on or before
5:00 p.m. ET on October 7, 2022. The Department encourages nominations
submitted any time before the deadline. After that date, the Department
will continue to accept nominations under this notice to fill any
vacancies that may arise.

ADDRESSES: Interested candidates may submit a completed application by
one of the following methods:
     Email: [email protected]. Subject Line: Nominations for
the Advisory Committee on Human Trafficking.
     Mail: Attention: Nominations for the Advisory Committee on
Human Trafficking, Maha Alkhateeb, International Relations Specialist,
Office of International Transportation and Trade, Room W86-416, U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC
20590. Please include name, mailing address, email, and telephone
number.

FOR FURTHER INFORMATION CONTACT: Maha Alkhateeb, International
Relations Specialist, Office of International Transportation and Trade,
at [email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Who should be considered for nomination as Committee members?

    The Department of Transportation seeks nominations for members of
the Advisory Committee on Human Trafficking. The Secretary of
Transportation will appoint up to 15 external stakeholder Committee
members including representatives from--(A) trafficking advocacy
organizations; (B) law enforcement; and (C) trucking, bus, rail,
aviation, maritime, and port sectors, including industry and labor.
Committee members will be selected with a view towards achieving
diverse experience and background. To the extent practicable, Committee
members will include survivors of human trafficking and other persons
with lived experience and knowledge of the needs of underrepresented
groups. Diverse experience and background will enable Committee members
to provide balanced points of view with regard to carrying out the
duties of the Committee. Committee members will serve for the life of
the Committee.
    The Committee will provide a triennial report (``report'') to the
Secretary of Transportation. The report will: (1) relate to human
trafficking violations involving commercial motor vehicles, (2) include
recommendations for countering human trafficking, and (3) include an
assessment of previous best practices by transportation stakeholders.
    Registered lobbyists are prohibited from serving on Federal
advisory committees in their individual capacities. The prohibition
does not apply if registered lobbyists are specifically appointed to
represent the interests of a nongovernmental entity, a recognizable
group of persons or nongovernmental entities (an industry sector, labor
unions, environmental

groups, etc.) or State or local governments. Registered lobbyists are
lobbyists required to comply with provisions contained in the Lobbying
Disclosure Act of 1995 (Pub. L. 110-81).

II. Do advisory committee on human trafficking members receive
compensation and/or per diem?

    While attending meetings or when otherwise engaged in Committee
business, Committee members may be reimbursed for travel and per diem
expenses as permitted under applicable Federal travel regulations.
Reimbursement is subject to funding availability. Committee members
shall serve without compensation, except for those SGEs appointed for
their lived experience as survivors of human trafficking, who may
receive compensation subject to applicable laws and funding
availability.

III. What is the process for submitting nominations?

    Individuals can self-apply or be nominated by any individual or
organization. To be considered for the Committee, nominators should
submit the following information:

(1) Contact Information

    Contact information for the nominee, consisting of:

a. Name
b. Title
c. Organization or Affiliation
d. Mailing Address
e. Telephone Number
f. Email Address
g. Website Address

(2) Region

    The region in which an individual nominee or organization is based:
National, Midwest, Northeast, South, or West.

(3) Sector

    The sector the nominee represents: aviation, bus, maritime, port,
rail, transit, trucking, industry/labor, trafficking advocacy
organization, trafficking survivor, law enforcement, etc.

(4) Statement of Nomination

    A statement of nomination limited to 250 words on why the nominee
wants to serve or why the nominator is nominating the nominee to serve
on the Advisory Committee on Human Trafficking, and the unique anti-
human trafficking perspectives and experiences the nominee would bring
to the Committee.

(5) R[eacute]sum[eacute]

    A r[eacute]sum[eacute] limited to 3 pages describing professional
and academic expertise, experience, and knowledge, including any anti-
human trafficking-related expertise and accomplishments, and any
relevant experience serving on advisory committees, past and present.

(6) Organizational Background

    A short description about the organization that the nominee
represents, if applicable, including any anti-human trafficking-related
initiatives and accomplishments.

(7) Eligibility Statement

    An affirmative statement that the nominee meets all Committee
eligibility requirements.

(8) Representation

    An affirmative statement that the nominee is not a federally
registered lobbyist seeking to serve on the Committee in their
individual capacity.
    Please do not send company, trade association, organizational
brochures, or any other promotional information. Materials submitted
should total five pages or less, must be in a 12-point font, and must
be formatted as a Microsoft Word document or PDF. Should more
information be needed, Department of Transportation staff will contact
the nominee, obtain information from the nominee's past affiliations,
or obtain information from publicly available sources. If you are
interested in applying to become a member of the Committee, send a
completed application package by email to [email protected] or by
mail to Attention: Nominations for the Advisory Committee on Human
Trafficking, Maha Alkhateeb, International Relations Specialist, Office
of International Transportation and Trade, Room W86-416, U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC
20590.
    Applications must be received on or before 5:00 p.m. ET October 7,
2022; however, candidates are encouraged to submit an application any
time before the deadline.

IV. How will DOT select Advisory Committee on Human Trafficking
members?

    A selection team comprising representatives from the Office of
Aviation and International Affairs will review the application
packages. The selection team will make recommendations regarding
membership to the Secretary based on the following criteria: (1)
Counter-trafficking expertise, experience, and knowledge, including
personal (survivors), professional, or academic expertise; (2)
stakeholder representation; (3) availability and willingness to serve;
and (4) relevant experience working in committees and advisory panels.
To the extent practicable, the membership of the committee shall
include persons with lived experience and knowledge of the needs of
underrepresented groups. Nominees selected for appointment to the
Committee will be notified by return email and by a letter of
appointment.

(Authority: Pub. L. 117-58 (Nov 15, 2021) and Pub. L. 115-99 (Jan 3,
2018)).

    Issued on: August 3, 2022.
Carol Annette Petsonk,
Assistant Secretary for Aviation and International Affairs, U.S.
Department of Transportation.
[FR Doc. 2022-16956 Filed 8-5-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73681-73684]
[FR Doc No: 2014-29004]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73753; File No. SR-BOX-2014-26]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Adjust the Fees and Credits for Complex Orders Executed Against Orders
on the BOX Book

December 5, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 4, 2014, BOX Options Exchange LLC (the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule to
adjust the fees and credits for Complex Orders Executed Against Orders
on the BOX Book on the BOX Market LLC (``BOX'') options facility. The
text of the proposed rule change is available from the principal office
of the Exchange, at the Commission's Public Reference Room and also on
the Exchange's Internet Web site at http://boxexchange.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 proposes to amend the Fee Schedule for trading on BOX
to adjust the fees and credits outlined in Section III.A. (Complex
Orders Executed Against Orders on the BOX Book).
    Specifically, for Complex Orders executing against orders on the
BOX Book the Exchange proposes to assess different fees and credits for
Complex Orders in Penny Pilot Classes than Complex Orders in Non-Penny
Pilot Classes. Currently all Complex Order transactions that execute
against orders on the BOX Book are assessed a $0.35 per contract per
leg credit when executed by Public Customers, a $0.45 per contract per
leg fee when executed by Professional Customers and Broker Dealers, and
a $0.40 per contract per leg fee when executed by Market Makers.
    The proposed fees and credits for Complex Orders executing against
orders on the BOX Book are as follows:

------------------------------------------------------------------------
                                            Penny pilot      Non-Penny
              Account type                    classes      pilot classes
------------------------------------------------------------------------
Public Customer.........................         ($0.35)         ($0.70)
Professional Customer and Broker Dealer.           $0.40           $0.80
Market Maker............................           $0.40           $0.80
------------------------------------------------------------------------

    For example, if a Professional Customer's Penny Pilot Complex Order
A+B executes against orders on the BOX Book, the Professional Customer
will be charged $0.80 ($0.40 for A, plus $0.40 for B). If instead the
Professional Customer's Complex Order is in a Non-Penny Pilot class,
the Professional Customer will be charged $1.60 ($0.80 for A, plus
$0.80 for B). A Public Customer executing a Penny Pilot Complex Order
A+B will receive a credit of $0.70 ($0.35 for A, plus $0.35 for B).
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act, in general, and Section
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between customers, issuers, brokers
or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fees and credits are
reasonable, equitable and non-discriminatory. In particular, the
proposed fees and credits will allow the Exchange to apply separate
fees and credits for transactions in penny pilot issues and those in
non-penny pilot issues, a distinction that is made in many other
sections of the BOX Fee Schedule, including Section III.B of the Fee
Schedule (Complex Orders Executed Against Other Complex Orders). The
Exchange notes that submitting Complex Orders to BOX is entirely
voluntary and that several other competing exchanges possess similar
Complex Order functionalities. Participants can therefore choose what
type of order to submit to BOX, or direct their Complex Order flow to
any other exchange if they determine the proposed Complex Order fee
structure to be unreasonable.
    The Exchange believes it is equitable, reasonable and not unfairly
discriminatory to assess fees and credits according to whether the
Complex Order executes against orders on the BOX Book or against
another Complex Order and according to the account types of the
Participant submitting the Complex Order. This fee structure was
adopted by the Exchange over a year ago \6\ and has been accepted by
both the Commission and the industry. The result of this structure is
that a Participant does not know the fee it will be charged when
submitting a Complex Order. Therefore, the Participant must recognize
that it could be charged the highest applicable fee on the Exchange's
schedule, which may, instead, be lowered or changed to a credit
depending upon how its Complex Order interacts.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 71312 (January 15,
2014), 79 FR 3649 (January 22, 2014) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To
Establish Fees for Complex Order Price Improvement Period
(``COPIP'') Transactions).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable and equitable to provide
credits for Public Customer Complex Orders and to charge fees to
Professional Customers, Broker Dealers and Market Makers when their
Complex Orders execute on the BOX Book. Specifically the Exchange
believes that the proposed $0.35 credit for Public Customers and $0.40
fee for Professional Customers, Broker Dealers and Market Makers in
Penny Pilot Classes, and the proposed $0.70 credit for Public Customers
and $0.80 fee for Professional Customers, Broker Dealers and Market
Makers in Non-Penny Pilot Classes are reasonable and strike an
appropriate balance between the fees charged for standard orders and
the Complex Order Fees and Credits applied when a Complex Order
executes against another Complex Orders [sic]. The proposed credits for
Public Customer Complex Orders that execute on the BOX Book are equal
to the credits

already in place for Public Customers' [sic] that execute against non-
Public Customers in Section III.B. (Complex Orders Executed Against
Other Complex Orders). Further, the proposed fees for Professional
Customers, Broker Dealers and Market Makers in both Penny Pilot Classes
and Non-Penny Pilot Classes are in line with the fees assessed for when
these Participants' Complex Orders execute against other Complex
Orders. The Exchange believes the proposed fees and credits will
continue to encourage Participants to execute Complex Orders by
ensuring that they receive similar incentives and fees regardless of
where their Complex Order executes. The Exchange believes this will
help attract Complex Order flow to the Exchange and create increased
liquidity, which will ultimately benefit all Participants trading on
BOX. The proposed fees and credits are also competitive with the fees
and credits offered for similar transactions on at least one other
exchange.\7\
---------------------------------------------------------------------------

    \7\ For Complex Orders that interact with the regular order
book, NYSE Arca, Inc. charges Public Customers $0.47 or $0.85
(depending on issue), Broker Dealers $0.49 or $0.89 (depending on
issue), and Market Makers $0.49 or $0.87 (depending on issue).
---------------------------------------------------------------------------

    For Complex Orders that execute on the BOX Book, the Exchange
believes it is reasonable to charge Professional Customers, Broker
Dealers, and Market Makers less for executions in penny pilot issues
than non-penny issues because these classes are typically the more
actively traded and assessing lower fees will further incentivize
Complex Order transaction [sic] in penny pilot issues on the Exchange,
ultimately benefiting all Participants trading on BOX. The Complex
Order fees are competitive with the fees and credits offered for
similar transactions on at least one other exchange.\8\ Additionally,
the Exchange believes it is reasonable to give a greater credit to
Public Customers in Complex Order transactions involving non-penny
pilot issues than penny pilot issues. These classes have wider spreads
and are less actively traded; and giving a larger credit will further
incentivize Public Customers to trade in these classes. The proposed
Public Customer credits are competitive with the credits offered for
similar transactions on at least one other exchange.\9\
---------------------------------------------------------------------------

    \8\ The International Securities Exchange, LLC (``ISE'')
assesses Professional Customers and Broker Dealers $0.44 for Complex
Order transactions in Penny Names and $.87 for Complex Order
transactions in non-Penny Names. Market Makers are assessed $0.43
for Complex Order transactions in Penny Names and $0.85 for Complex
Order transactions in non-Penny Names.
    \9\ At the lowest volume tier level, the ISE gives Public
Customers a $0.30 credit for Complex Order transactions in Penny
Names, and a $0.63 credit for Complex Order transactions in non-
Penny Names.
---------------------------------------------------------------------------

    The Exchange believes that the proposed fees and credits are
reasonable because a Public Customer submitting Complex Orders on BOX
will recognize that it will never pay a fee for these transactions.
Depending on where and with whom the Complex Order executes, the Public
Customer may receive an additional benefit for submitting the order.
Likewise, a Professional Customer or Broker Dealer submitting Complex
Orders will recognize that it will not be charged more than $0.45 in
penny pilot issues and $0.80 in non-penny pilot issues. (When the
Professional Customer or Broker Dealer's Complex Order executes against
a Public Customer's Complex Order). The same is true for Market Makers,
who will recognize that their maximum charge when submitting a Complex
Order will be $0.40 in penny pilot issues and $0.80 in non-penny pilot
issues.
    The Exchange believes providing a credit to Public Customers for
Complex Orders that execute against orders on the BOX Book is equitable
and non-discriminatory. The securities markets generally, and BOX in
particular, have historically aimed to improve markets for investors
and develop various features within the market structure for customer
benefit. Accordingly, the Exchange believes that providing a credit for
Public Customer Complex Order transactions is appropriate and not
unfairly discriminatory. Public Customers are less sophisticated than
other Participants and the credit will help to attract a higher level
of Public Customer order flow to the Complex Order Book and create
liquidity, which the Exchange believes will ultimately benefit all
Participants trading on BOX.

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 believes that the
proposed fees and credits will neither impose burdens on competition
among various Exchange Participants nor impose any burden on
competition among exchanges in the listed options marketplace, not
necessary or appropriate in furtherance of the purposes of the Act. BOX
currently assesses distinct fees and credits for transactions in Penny
Pilot and Non-Penny Pilot issues and the proposed change is simply
adopting this type of structure for Complex Order that execute on the
BOX Book.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \10\ and Rule 19b-4(f)(2)
thereunder,\11\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2014-26 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-BOX-2014-26. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
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-BOX-2014-26, and should be submitted on or before
January 2, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29004 Filed 12-10-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Notices]
[Page 30613]
[DOCID:fr28my08-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL03-230-004]

Entergy Services, Inc.; Notice of Filing

May 20, 2008.
    Take notice that on May 15, 2008, Entergy Services, Inc., filed a
response to the Commission's April 15, 2008, Data Request.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 5, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-11834 Filed 5-27-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10198-10200]
[FR Doc No: 2015-03817]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74309; File No. SR-NYSEMKT-2015-10]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Period Applicable to Rule 953.1NY(c), Obvious and Catastrophic Errors,
Until October 23, 2015

February 19, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 18, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to extend the pilot period applicable to Rule
953.1NY(c), which addresses how the Exchange treats Obvious and
Catastrophic Errors during periods of extreme market volatility, until
October 23, 2015. The pilot period is currently set to expire on
February 20, 2015. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received

on the proposed rule change. The text of those statements may be
examined at the places specified in Item IV below. The Exchange has
prepared summaries, set forth in sections A, B, and C below, of the
most significant parts of such statements.

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

1. Purpose
    The Exchange proposes to extend the pilot period applicable to Rule
953.1NY(c), which addresses how the Exchange treats Obvious and
Catastrophic Errors during periods of extreme market volatility, until
October 23, 2015. The pilot period is currently set to expire on
February 20, 2015.
    In April 2013, in connection with the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS (the
``Plan''),\3\ the Exchange adopted Rule 953.1NY(c) to provide that
options executions would not be adjusted or nullified if the execution
occurs during periods of extreme market volatility.\4\ Specifically,
Rule 953.1NY(c) provides that, during the pilot period, electronic
transactions in options that overlay an NMS Stock that occur during a
Limit State or a Straddle State (as defined by the Plan) are not
subject to review under Rule 975NY(a) for Obvious Errors or Rule
975NY(d) for Catastrophic Errors. Nothing in Rule 953.1NY(c) prevents
electronic transactions in options that overlay an NMS Stock that occur
during a Limit State or a Straddle State from being reviewed on
Exchange motion pursuant to 975NY(b)(3).
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving,
on a Pilot Basis, the Plan). The Plan is designed to prevent trades
in individual NMS Stocks from occurring outside of specified Price
Bands, which are described in more detail in the Plan.
    \4\ See Securities and Exchange Act Release No. 69339 (April 8,
2013), 78 FR 22011 (April 12, 2013) (SR-NYSEMKT-2013-10) (``Approval
Order'').
---------------------------------------------------------------------------

    The Plan has been amended several times since inception and was not
implemented until February 24, 2014. The Participants to the Plan
recently filed to extend the Plan's pilot period until October 23, 2015
(the ``Eighth Amendment'').\5\ The purpose of this proposed extension
is to provide time for the Participants to prepare a supplemental
assessment and recommendation regarding the Plan and for the public to
comment on such assessment for the purpose of determining whether there
should be any modifications to the Plan.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 74110 (January 21,
2015), 80 FR 4321 (January 27, 2015) (File No. 4-631) (notice of
proposed Eighth Amendment to the Plan).
---------------------------------------------------------------------------

    In order to align the pilot period for Rule 953.1NY(c) with the
proposed pilot period for the Plan, the Exchange similarly proposes to
extend the pilot period until October 23, 2015. The Exchange believes
the benefits afforded to market participants under Rule 953.1NY(c)
should continue on a pilot basis during the same period as the Plan
pilot. The Exchange continues to believe that adding certainty to the
execution of orders in Limit or Straddle States would encourage market
participants to continue to provide liquidity to the Exchange, and
thus, promote a fair and orderly market during those periods. Thus, the
Exchange believes that the protections of current Rule 953.1NY(c)
should continue while the industry gains further experience operating
the Plan. In addition, the Exchange believes that extending the pilot
period for Rule 953.1NY(c) would allow the Exchange to continue to
collect and evaluate data, as well as to conduct further data analyses,
related to this provision.
    Specifically, in connection with the adoption of Rule 953.1NY(c),
the Exchange committed to review the operation of this provision and to
analyze the impact of Limit and Straddle States accordingly.\6\ The
Exchange agreed to and has been providing to the Commission and the
public data for each Straddle State and Limit State in NMS Stocks
underlying options traded on the Exchange beginning in April 2013,
limited to those option classes that have at least one (1) trade on the
Exchange during a Straddle State or Limit State.\7\ For each of those
option classes affected, each data record contains the following
information:
---------------------------------------------------------------------------

    \6\ Specifically, the Exchange committed to: ``(1) Evaluate the
options market quality during Limit States and Straddle States; (2)
assess the character of incoming order flow and transactions during
Limit States and Straddle States; and (3) review any complaints from
members and their customers concerning executions during Limit
States and Straddle States.'' See Approval Order, 78 FR at 22015.
    \7\ See Securities Exchange Act Release No. 71870 (April 4,
2014), 79 FR 19692 (April 9, 2014) (SR-NYSEMKT-2014-31).
---------------------------------------------------------------------------

     Stock symbol, option symbol, time at the start of the
Straddle or Limit State, an indicator for whether it is a Straddle or
Limit State.
     For activity on the Exchange:
     executed volume, time-weighted quoted bid-ask spread,
time-weighted average quoted depth at the bid, time-weighted average
quoted depth at the offer;
     high execution price, low execution price;
     number of trades for which a request for review for error
was received during Straddle and Limit States;
     an indicator variable for whether those options outlined
above have a price change exceeding 30% during the underlying stock's
Limit or Straddle state compared to the last available option price as
reported by OPRA before the start of the Limit or Straddle State (1 if
observe 30% and 0 otherwise). Another indicator variable for whether
the option price within five minutes of the underlying stock leaving
the Limit or Straddle state (or halt if applicable) is 30% away from
the price before the start of the Limit or Straddle state.
    In addition, the Exchange has committed to provide to the
Commission by May 29, 2015 assessments relating to the impact of the
operation of the Obvious Error rules during Limit and Straddle States
as follows: (1) Evaluate the statistical and economic impact of Limit
and Straddle States on liquidity and market quality in the options
markets; and (2) Assess whether the lack of Obvious Error rules in
effect during the Straddle and Limit States are problematic. The
Exchange notes that, to date, there have not been any requests for
review of Obvious Error of options trades that occur during a Limit or
Straddle State in the underlying security.
    The Exchange believes that the extension of the pilot period of
Rule 953.1NY(c) would allow the Exchange to continue to observe the
operation of the pilot and conduct its assessments relating to the
impact of the operation of the Rule during Limit and Straddle States,
which information will continue to be shared with the Commission and
the public as set forth above.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \8\ in general, and furthers the objectives of
Section 6(b)(5),\9\ in particular, in that it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f (b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the proposal to extend the pilot program of Rule
953.1NY(c) until October 23, 2015 would align that pilot program with
the Pilot Period for the Plan, as proposed in the Eighth Amendment to
the Plan. The Exchange

believes that aligning the pilot periods would ensure that trading in
options that overlay NMS Stocks continues to be appropriately modified
to reflect market conditions that occur during a Limit State or a
Straddle State in a manner that promotes just and equitable principles
of trade and removes impediments to, and perfects the mechanism of, a
free and open market and a national market system. The Exchange
believes that the extension of Rule 953.1NY(c) would help encourage
market participants to continue to provide liquidity during
extraordinary market volatility.
    Moreover, the Exchange believes that extending the pilot period for
Rule 953.1NY(c) would remove impediments to, and perfect the mechanisms
of, a free and open market because it would enable the Exchange to
continue to continue to conduct its assessments relating to the impact
of the operation of the Obvious Error rules during Limit and Straddle
States as set forth above, which, in turn, provides the Exchange with
more information from which to assess the impact of Rule 953.1NY(c).

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes will
not impose any burden on competition and will instead provide certainty
regarding the treatment and execution of options orders, specifically
the treatment of Obvious and Catastrophic Errors during periods of
extraordinary volatility in the underlying NMS Stock, and will
facilitate appropriate liquidity during a Limit State or Straddle
State.

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 proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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 asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will allow the obvious error pilot program to continue
uninterrupted while the industry gains further experience operating
under the Plan, and avoid any investor confusion that could result from
a temporary interruption in the pilot program. For this reason, the
Commission designates the proposed rule change to be operative upon
filing.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-10. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-NYSEMKT-2015-10, and should
be submitted on or before March 18, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-03817 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46264-46266]
[DOCID:fr08se09-138]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60606; File No. SR-Phlx-2009-76]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. Relating
to a Retroactive Waiver of the Cancellation Fee

September 1, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 27, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to retroactively waive the Cancellation Fee
for the month of July 2009 and issue a rebate to member organizations
for Cancellation Fees that were assessed in July 2009.
    The text of the proposed rule change is available on the Exchange's
Website at http://nasdaqomxphlx. cchwallstreet.com/NASDAQOMXPHLX/

Filings/, 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 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 purpose of the proposed rule change is to rebate monies
previously assessed for the Cancellation Fee in July 2009 to all member
organizations. During the month of July 2009, member organizations were
assessed $2.10 per order for each cancelled electronically-delivered
\3\ order in excess of the number of orders executed on the Exchange by
a member organization in a given month.\4\ The Exchange calculates the
Cancellation Fee by aggregating all orders and cancels received by the
Exchange and totaling those orders by member organization. The Exchange
aggregates and counts as one executed customer \5\ option order all
customer orders from the same member organization that are executed in
the same series on the same side of the market at the same price within
a 300 second period.\6\ The following order activity is exempt from the
Cancellation Fee: (i) Pre-market cancellations \7\ (ii) Complex Orders
\8\ that are submitted electronically; (iii) unfilled Immediate-or-
Cancel \9\ customer orders; and (iv) cancelled customer orders that
improved the Exchange's prevailing bid or offer (PBBO) market at the
time the customer orders were received by the Exchange.
---------------------------------------------------------------------------

    \3\ See Exchange Rule 1080.
    \4\ See Securities Exchange Act Release No. 60046 (June 4,
2009), 74 FR 28083 (June 12, 2009) (SR-Phlx-2009-44) (assessing
$2.10 per order for each cancelled electronically-delivered order
and limit the applicability of the Cancellation Fee to cancelled
electronically delivered customer orders.)
    \5\ See e.g. Exchange Rule 1080(b)(i)(A) which defines customer
order as ``* * * is any order entered on behalf of a public
customer, and does not include any order entered for the account of
a broker-dealer, or any account in which a broker-dealer or an
associated person of a broker-dealer has any direct or indirect
interest.''
    \6\ See Securities Exchange Act Release No. 60188 (June 29,
2009), 74 FR 32986 (July 9, 2009) (SR-Phlx-2009-48) (aggregating
options orders within a specified time period for the purpose of
assessing the Cancellation Fee). At least 500 cancellations must be
made in a given month by a member organization in order for a member
organization to be assessed the Cancellation Fee. The Cancellation
Fee is not assessed in a month in which fewer than 500
electronically-delivered orders are cancelled. Simple cancels and
cancel-replacement orders are the types of orders that are counted
when calculating the number of electronically-delivered orders. (A
cancel-replacement order is a contingency order consisting of two or
more parts which require the immediate cancellation of a previously
received order prior to the replacement of a new order with new
terms and conditions. If the previously placed order is already
filled partially or in its entirety the replacement order is
automatically canceled or reduced by such number.) See Exchange Rule
1066(c)(7). Also, pre-market cancellations are not included in the
calculation of the Cancellation Fee as well as Complex Orders that
are submitted electronically. See Securities Exchange Act Release
Nos. 53226 (February 3, 2006), 71 FR 7602 (February 13, 2006) (SR-
Phlx-2005-92); and 53670 (April 18, 2006), 71 FR 21087 (April 24,
2006) (SR-Phlx-2006-21).
    \7\ See Securities Exchange Act Release Nos. 53226 (February 3,
2006), 71 FR 7602 (February 13, 2006) (SR-Phlx-2005-92); and 53670
(April 18, 2006), 71 FR 21087 (April 24, 2006) (SR-Phlx-2006-21).
See also Securities Exchange Act Release No. 60046 (June 4, 2009),
74 FR 28083 (June 12, 2009) (SR-Phlx-2009-44).
    \8\ A Complex Order is composed of two or more option components
and is priced as a single order (a ``Complex Order Strategy'') on a
net debit or net credit basis.
    \9\ An Immediate-or-Cancel (IOC) order is a limit order that is
to be executed in whole or in part upon receipt. Any portion not so
executed shall be cancelled.
---------------------------------------------------------------------------

    The Exchange assessed the applicable Cancellation Fee of $2.10 per
order on member organizations, as specified above, during the month of
July 2009. The Exchange believes that recent changes to the
Cancellation Fee may have created confusion among its members as to the
applicability of the fee and/or its calculation. The Exchange has
explained the current fee applicability to its member organizations
\10\ and as a result would propose to retroactively waive the
Cancellation Fee for the month of July 2009 and issue a rebate to all
member organizations for Cancellation fees assessed in July 2009. The
Exchange believes that member organizations have been adequately
educated as to the Exchange's current Cancellation Fee and its
applicability for future assessments.
---------------------------------------------------------------------------

    \10\ NASDAQ OMX PHLX staff contacted all member organizations
who were assessed a Cancellation Fee in July 2009 concerning the
applicability and calculation of this fee prior to August 1, 2009.
Additionally, the Exchange produces a daily cancellation fee
reconciliation report as a tool for member organizations to monitor
their cancel volume and potential charges.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \11\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \12\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. The Exchange believes that
the proposal to retroactively waive the Cancellation Fee for the month
of July 2009 and issue a rebate to all member organizations for fees
previously assessed in July 2009 is fair and equitable in that the
waiver will apply to all member organizations. The Exchange believes
that it has educated its members as to the applicability of the current
Cancellation Fee and any confusion has been remedied for future
assessment of this fee.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \13\ and paragraph (f)(2) of Rule 19b-4 \14\
thereunder. At any time within 60 days of the filing of the 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-Phlx-2009-76 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2009-76. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-Phlx-2009-76 and
should be submitted on or before September 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21611 Filed 9-4-09; 8:45 am]

BILLING CODE 8010-01-P


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