JF Jet Fuel KER Kerosene RFO Residual Fuel Oil ( includes No. 5 and No. 6 Fuel Oils and Bunker C Fuel Oil)

WO Oil Other and Waste Oil ( Butane ( Liquid), Crude Oil,

Liquid Byproducts, Oil Waste,

Propane ( Liquid),

Re refined PC Petroleum Coke NG Natural Gas BFG Blast Furnace Gas OG Other Gas ( Butane, Coal Processes, Coke Oven, Refinery, and other processes)

PG Propane NUC Nuclear ( Uranium, Plutonium, Thorium)

AB Agriculture Crop Byproducts/ Straw/ Energy Crops BLQ Black Liquor GEO Geothermal LFG Landfill Gas MSW Municipal Solid Waste OBS Other Biomass Solid ( Animal Manure and Waste, Solid Byproducts, and other solid biomass not specified)

OBL Other Biomass Liquid ( Ethanol, Fish Oil, Liquid Acetonitrile Waste, Medical Waste, Tall Oil, Waste Alcohol, and other Biomass not specified)

OBG Other Biomass Gases ( Digester Gas, Methane, and other biomass gases)

OTH Other ( Batteries, Chemicals, Coke Breeze, Hydrogen, Pitch, Sulfur, Tar Coal, and miscellaneous technologies)

PUR Purchased Steam SLW Sludge Waste SUN Solar ( Photovoltaic, Thermal) TDF Tires WAT Water ( Conventional, Pumped Storage)

WDS Wood/ Wood Waste Solids ( Paper Pellets, Railroad Ties, Utility Poles, Wood Chips, and other wood solids)

WDL Wood Waste Liquids ( Red Liquor, Sludge Wood, Spent Sulfite Liquor, and other wood related liquids not WND Wind NA Not Available Unit Status OP = Operating ( in service and producing some electricity)

OS = Out of service ( units could not be used for the reporting year, but are expected to be returned to service)

SB = Stand By ( available for service but not normally used ( has little or no generation)) 336 AGRICULTURE, FORESTRY, AND FISHING 3345 111 Agriculture production  crops 112 Agriculture production, livestock and animal specialties 339 115 Agricultural services 113 Forestry 114 Fishing, hunting, and trapping 482 485 MINING 484 2122 Metal mining 491 2121 Coal mining 483 211 Oil and gas extraction 481 2123 Mining and quarrying of nonmetallic minerals except fuels 486 487 23 CONSTRUCTION 513 22 MANUFACTURING 2212 311 Food and kindred products 2213 3122 Tobacco products 22132 314 Textile and mill products 562212 315 Apparel and other finished products made 22131 from fabrics and similar materials 321 Lumber and wood products, except furniture 421 to 422 337 Furniture and fixtures 441 to 454 322 Paper and allied products ( other than 322122 or 32213)

322122 Paper mills, except building paper 521 to 533 32213 Paperboard mills 323 Printing and publishing 325 Chemicals and allied products ( other than 325188, 325211, 32512, or 325311) 721 325188 Industrial inorganic chemicals 812 325211 Plastic materials and resins 514 32512 Industrial organic chemicals 8111 325311 Nitrogenous fertilizers 811 324 Petroleum refining and related industries ( other than 32411) 512 32411 Petroleum refining 713 326 Rubber and miscellaneous plastic products 622 316 Leather and leather products 541 327 Stone, clay, glass, and concrete products ( other than 32731) 611 32731 Cement, hydraulic 624 331 Primary metal industries ( other than 331111 or 331312) 712 331111 Blast furnaces and steel mills 813 331312 Primary aluminum 561 332 Fabricated metal products, except machinery and 814 transportation equipment 514199 333 Industrial and commercial equipment and components except computer equipment 92 335 Electronic and other electrical equipment and components except computer equipment OTHER Transportation equipment Measuring, analyzing, and controlling instruments,

photographic, medical, and optical goods, watches and clocks Miscellaneous manufacturing industries TRANSPORTATION AND PUBLIC UTILITIES Railroad transportation Local and suburban transit and interurban highway passenger transport Motor freight transportation and warehousing United States Postal Service Water transportation Transportation by air Pipelines, except natural gas Transportation services Communications Electric, gas, and sanitary services Natural gas transmission Water supply Sewerage systems Refuse systems Irrigation systems WHOLESALE TRADE RETAIL TRADE FINANCE, INSURANCE, AND REAL ESTATE SERVICES Hotels Personal services Business services Automotive repair, services, and parking Miscellaneous repair services Motion pictures Amusement and recreation services Health services Legal services Education services Social services Museums, art galleries, and botanical and zoological gardens Membership organizations Engineering, accounting, research, management, and related services Private households Miscellaneous services PUBLIC ADMINISTRATION ( explain): _______________________________________________


[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Notices]
[Pages 17167-17168]
[FR Doc No: 2021-06709]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3023]

Determination of Regulatory Review Period for Purposes of Patent
Extension; BIOMIMICS 3D VASCULAR STENT SYSTEM

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for BIOMIMICS 3D VASCULAR STENT
SYSTEM and is publishing this notice of that determination as required
by law. FDA has made the determination because of the submission of an
application to the Director of the U.S. Patent and Trademark Office
(USPTO), Department of Commerce, for the extension of a patent which
claims that medical device.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by June 1, 2021.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by September 28, 2021. See
``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before June 1, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of June 1, 2021. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-N-3023 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; BIOMIMICS 3D VASCULAR STENT SYSTEM.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on

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

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For medical devices, the testing
phase begins with a clinical investigation of the device and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the device and continues until
permission to market the device is granted. Although only a portion of
a regulatory review period may count toward the actual amount of
extension that the Director of USPTO may award (half the testing phase
must be subtracted as well as any time that may have occurred before
the patent was issued), FDA's determination of the length of a
regulatory review period for a medical device will include all of the
testing phase and approval phase as specified in 35 U.S.C.
156(g)(3)(B).
    FDA has approved for marketing the medical device BIOMIMICS 3D
VASCULAR STENT SYSTEM. BIOMIMICS 3D VASCULAR STENT SYSTEM is indicated
to improve luminal diameter in the treatment of symptomatic de novo or
restenotic lesions in the native superficial femoral artery and/or
proximal popliteal arteries, with reference vessel diameters ranging
from 4.0 to 6.0 millimeters (mm) and lesion lengths up to 140 mm.
Subsequent to this approval, the USPTO received a patent term
restoration application for BIOMIMICS 3D VASCULAR STENT SYSTEM (U.S.
Patent No. 9,314,353) from Veryan Medical Limited, and the USPTO
requested FDA's assistance in determining this patent's eligibility for
patent term restoration. In a letter dated October 29, 2019, FDA
advised the USPTO that this medical device had undergone a regulatory
review period and that the approval of BIOMIMICS 3D VASCULAR STENT
SYSTEM represented the first permitted commercial marketing or use of
the product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
BIOMIMICS 3D VASCULAR STENT SYSTEM is 1,234 days. Of this time, 973
days occurred during the testing phase of the regulatory review period,
while 261 days occurred during the approval phase. These periods of
time were derived from the following dates:
    1. The date an exemption for this device, under section 520(g) of
the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C.
360j(g)), became effective: May 21, 2015. The applicant claims that the
investigational device exemption (IDE) required under section 520(g) of
the FD&C Act for human tests to begin became effective on February 18,
2010. However, FDA records indicate that the IDE was determined
substantially complete for clinical studies to have begun on May 21,
2015, which represents the IDE effective date.
    2. The date an application was initially submitted with respect to
the device under section 515 of the FD&C Act (21 U.S.C. 360e): January
17, 2018. FDA has verified the applicant's claim that the premarket
approval application (PMA) for BIOMIMICS 3D VASCULAR STENT SYSTEM (PMA
180003) was initially submitted January 17, 2018.
    3. The date the application was approved: October 4, 2018. FDA has
verified the applicant's claim that PMA 180003 was approved on October
4, 2018.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 580 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: March 26, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-06709 Filed 3-31-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Page 25508]
[FR Doc No: 2022-09290]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4637-DR; Docket ID FEMA-2022-0001]

Tennessee; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Homeland Security (DHS).

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-4637-DR), dated January 14, 2022, and
related determinations.

DATES: This change occurred on April 1, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Robert A.
Haywood, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Myra M. Shird as Federal
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-09290 Filed 4-28-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Notices]
[Pages 32216-32218]
[FR Doc No: 2017-14556]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81084; File No. SR-BatsBZX-2017-35]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Order
Granting Approval of a Proposed Rule Change To Amend Rule 20.6,
Nullification and Adjustment of Options Transactions Including Obvious
Errors, and Rule 20.3, Trading Halts

July 6, 2017.

I. Introduction

    On May 5, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Exchange Rule 20.6 (``Rule 20.6''),
relating to the adjustment and nullification of transactions that occur
on the Exchange's equity options platform, and Exchange Rule 20.3
(``Rule 20.3''), relating to trading halts. The proposed rule change
was published for comment in the Federal Register on May 23, 2017.\3\
The Commission received no comments regarding the proposal. This order
approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80709 (May 17,
2017), 82 FR 23684 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to amend Rule 20.6, entitled ``Nullification
and Adjustment of Options Transactions including Obvious Errors,'' to:
(i) Adopt procedures to determine Theoretical Price in the event a
reliable national best bid or offer (``NBBO'') is not available; and
(ii) expand the category of invalid quotes. The Exchange also proposes
to amend Rule 20.3, entitled ``Trading Halts,'' to require the Exchange
to nullify any transaction that occurs during a regulatory halt on the
primary listing market for the underlying security.

A. Background

    The Exchange and other options exchanges previously adopted new,
harmonized rules related to the adjustment and nullification of
erroneous options transactions.\4\ The Exchange believes that the
changes the options exchanges implemented with the new, harmonized
rules have led to increased transparency and finality with respect to
the adjustment and nullification of erroneous options transactions.\5\
However, as part of the initial initiative, the Exchange and other
options exchanges deferred a few specific matters for further
discussion, including the calculation of Theoretical Price in the event
a reliable NBBO is not available and the handling of erroneous complex
orders and stock-option orders.\6\ The calculation of Theoretical Price
is used in determining whether an options transaction is potentially
erroneous and subject to a nullification or adjustment under Rule 20.6.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 74556 (March 20,
2015), 80 FR 16031 (March 26, 2015) (order approving SR-BATS-2014-
067); see also Securities and Exchange Act Release No. 73884
(December 18, 2014), 79 FR 77557 (December 24, 2014) (notice of
filing of SR-BATS-2014-067).
    \5\ See Notice, supra note 3, at 23684.
    \6\ Since adopting the initial harmonized rule, the exchanges
that offer complex orders and/or stock-option orders have addressed
the handling of erroneous options transactions that result from the
execution of complex orders and stock-option orders. See, e.g.,
Securities Exchange Act Release No. 80040 (February 14, 2017), 82 FR
11248 (February 21, 2017) (SR-CBOE-2016-088) (granting approval of a
proposal related to the nullification and adjustment of erroneous
complex order and stock-option order transactions).
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B. Calculation of Theoretical Price Using a Third Party Provider

    Pursuant to Rule 20.6, when reviewing a transaction as potentially
erroneous, the Exchange needs to first determine the ``Theoretical
Price'' of the option, i.e., the Exchange's estimate of the correct
market price for the option. If the applicable option series is traded
on at least one other options exchange, then the Theoretical Price of
an option series is generally the last national best bid (``NBB'') just
prior to the trade in question with respect to an erroneous sell
transaction or the last national best offer (``NBO'') just prior to the
trade in question with respect to an erroneous buy transaction.
However, there may be situations where the NBB or NBO is not available
or may not be reliable. Specifically, under sub-paragraphs (b)(1)-(3)
of Rule 20.6, these situations occur when there are no quotes or no
valid quotes for comparison purposes, when the NBBO is determined to be
too wide to be reliable, and at the open of each trading day. In each
of these circumstances, because the NBB or NBO is not available or is
deemed to be unreliable, the Exchange determines Theoretical Price.\7\
The Exchange notes that the process for determining Theoretical Price
in such situations could be subjective and lead to disparate results
for a transaction that spans multiple options exchanges.\8\
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    \7\ The Exchange states that when determining Theoretical Price
under the current Rule, Exchange personnel generally consult and
refer to data such as the prices of related series (especially the
closest strikes in the option in question), the price of the
underlying security, volatility characteristics of the option, and
historical pricing of the option and/or similar options. See Notice,
supra note 3, at 23685.
    \8\ See id.
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    Accordingly, the Exchange proposes to adopt Interpretation and
Policy .03 to Rule 20.6 to specify how the Exchange would determine
Theoretical Price when required by sub-paragraphs (b)(1)-(3) of Rule
20.6.\9\ In particular, the Exchange worked with other options
exchanges to identify and select a reliable third party vendor (``TP
Provider'') that would provide Theoretical Price to the Exchange
whenever one or more transactions is under review pursuant to Rule 20.6
and the NBBO is unavailable or deemed unreliable pursuant to Rule
20.6(b).\10\ The Exchange and other options exchanges selected CBOE
Livevol, LLC (``Livevol'') as the TP Provider.\11\ According to the
Exchange, Livevol will develop a new tool in connection with this
proposal based on its existing technology and services that would
supply Theoretical Price to the Exchange and other options exchanges
upon request.\12\ Accordingly, pursuant to proposed Interpretation and
Policy .03 of Rule 20.6, when the Exchange must determine Theoretical
Price pursuant to sub-paragraphs (b)(1)-(3) of

Rule 20.6, the Exchange would request Theoretical Price from the same
TP Provider as other options exchanges that have adopted the new
harmonized provision in their rules.\13\
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    \9\ The Exchange has further proposed to modify paragraph (b) to
Rule 20.6 to state that the Exchange will rely on paragraph (b) and
Interpretation and Policy .03 when determining Theoretical Price.
    \10\ See Notice, supra note 3, at 23685.
    \11\ See id. The Exchange proposes to codify the selection of
Livevol in proposed paragraph (d) to Interpretation and Policy .03
of Rule 20.6. See id.
    \12\ See id. The Exchange states that the Theoretical Price tool
would leverage current market data and surrounding strikes to assist
in a relative value pricing approach to generating a Theoretical
Price. See id. When relative value methods are incapable of
generating a valid Theoretical Price, the Theoretical Price tool
will utilize historical trade and quote data to calculate
Theoretical Price. See id.
    \13\ See id.
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    In addition, the Exchange proposes that if an Official \14\ of the
Exchange believes that the Theoretical Price provided by the TP
Provider is fundamentally incorrect and cannot be used consistent with
the maintenance of a fair and orderly market, the Official shall
contact the TP Provider to notify the TP Provider of the reason the
Official believes such Theoretical Price is inaccurate and to request a
review and correction of the calculated Theoretical Price.\15\ The
Exchange notes that it does not anticipate needing to rely on this
provision frequently, if at all, but believes the provision would allow
the Exchange to prepare for all potential circumstances.\16\ The
Exchange has also proposed to promptly provide electronic notice to
other options exchanges if the TP Provider has been contacted to review
and correct the calculated Theoretical Price at issue and to include a
brief explanation of the reason for the request.\17\
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    \14\ For purposes of Rule 20.6, an Official is an Officer of the
Exchange or such other employee designee of the Exchange that is
trained in the application of Rule 20.6.
    \15\ See proposed paragraph (b) to Interpretation and Policy .03
of Rule 20.6. If the TP Provider reviews the Theoretical Price, but
disagrees that there has been any error, then the Exchange would be
bound to use the Theoretical Price provided by the TP Provider. See
Notice, supra note 3, at 23686 n.10.
    \16\ See Notice, supra note 3, at 23686.
    \17\ See proposed paragraph (b) to Interpretation and Policy .03
of Rule 20.6. According to the Exchange, it expects that all other
options exchanges, once in receipt of this notification, would await
the determination of the TP Provider and would use the corrected
price as soon as it becomes available. See Notice, supra note 3, at
23686. The Exchange further notes that it expects the TP Provider to
cooperate with, but to be independent of, the Exchange and other
options exchanges. See id.
---------------------------------------------------------------------------

    The Exchange also proposes that if the TP Provider experiences a
systems issue that renders its services unavailable to accurately
calculate Theoretical Price and such issue cannot be corrected in a
timely manner, an Official of the Exchange may determine the
Theoretical Price.\18\ The Exchange expects that it would await the TP
Provider's services becoming available again if the Exchange was able
to obtain information regarding the issue and the TP Provider had a
reasonable expectation of being able to resume normal operations within
the next several hours based on communications with the TP
Provider.\19\ The Exchange also notes that if a wide-scale event
occurred, even if such event did not qualify as a ``Significant Market
Event'' pursuant to Rule 20.6(e), and the TP Provider was unavailable
or otherwise experiencing difficulty, the Exchange believes that it and
other options exchanges would seek to coordinate to the extent
possible.\20\ In particular, the Exchange and other options exchanges
have a process, administered by the Options Clearing Corporation, to
invoke a discussion amongst all options exchanges in the event of any
widespread or significant market events.\21\ The Exchange believes that
this process could be used in the event necessary if there were an
issue with the TP Provider.\22\
---------------------------------------------------------------------------

    \18\ See proposed paragraph (c) to Interpretation and Policy .03
of Rule 20.6. The Exchange states that it does not anticipate
needing to rely on this provision frequently, if at all, but
believes the provision would allow the Exchange to prepare for all
potential circumstances. See Notice, supra note 3, at 23686.
    \19\ See Notice, supra note 3, at 23686. The Exchange states
that Livevol has business continuity and disaster recovery
procedures that would help to ensure that the Theoretical Price tool
remains available or, in the event of an outage, that service is
restored in a timely manner. See id.
    \20\ See id.
    \21\ See id.
    \22\ See id.
---------------------------------------------------------------------------

    The Exchange also proposes to adopt language in paragraph (d) of
Interpretation and Policy .03 to Rule 20.6 to state that neither the
Exchange, the TP Provider, nor any affiliate of the TP Provider, makes
any warranty, express or implied, as to the results to be obtained by
any person or entity from the use of the TP Provider pursuant to
Interpretation and Policy .03 to Rule 20.6. The proposed rule would
further state that the TP Provider does not guarantee the accuracy or
completeness of the calculated Theoretical Price and that the TP
Provider disclaims all warranties of merchantability or fitness for a
particular purpose or use with respect to such Theoretical Price.
Finally, proposed paragraph (d) of Interpretation and Policy .03 to
Rule 20.6 would state that neither the Exchange nor the TP Provider
shall have any liability for any damages, claims, losses (including any
indirect or consequential losses), expenses, or delays, whether direct
or indirect, foreseen or unforeseen, suffered by any person arising out
of any circumstance or occurrence relating to the use of such
Theoretical Price or arising out of any errors or delays in calculating
such Theoretical Price.\23\
---------------------------------------------------------------------------

    \23\ The Exchange states that proposed paragraph (d) of
Interpretation and Policy .03 to Rule 20.6 is modeled after existing
language in Exchange Rules regarding ``reporting authorities'' that
calculate indices. See id. at 23687. See also, e.g., BZX Rule 29.13,
which relates to index options potentially listed and traded on the
Exchange and disclaims liability for a reporting authority and their
affiliates.
---------------------------------------------------------------------------

C. No Valid Quotes--Market Participant Quoting on Multiple Exchanges

    As described above, one of the times where the NBB or NBO is deemed
to be unreliable for purposes of calculating the Theoretical Price is
when there are no quotes or no valid quotes for the affected series. In
addition to when there are no quotes, the Exchange does not consider
the following to be valid quotes: (i) All quotes in the applicable
option series published at a time where the last NBB is higher than the
last NBO in such series; (ii) quotes published by the Exchange that
were submitted by either party to the transaction in question; and
(iii) quotes published by another options exchange against which the
Exchange has declared self-help.\24\
---------------------------------------------------------------------------

    \24\ See Rule 20.6(b).
---------------------------------------------------------------------------

    The Exchange proposes to add an additional category of invalid
quotes in order to avoid a situation where a market participant has
established the market at an erroneous price on multiple exchanges.\25\
In particular, the Exchange proposes to also consider as invalid the
quotes in a series published by another options exchange if either
party to the transaction in question submitted the quotes in the series
representing such options exchange's best bid or offer.\26\ The
Exchange, however, has proposed to only consider quotes invalid on
other options exchanges in up to twenty-five total options series
(i.e., whether such series all relate to the same underlying security
or multiple underlying securities), which the Exchange states would
allow it to apply the proposed rule in a timely and organized
fashion.\27\ The Exchange believes its proposal to limit the proposed
rule to twenty-five total options series is necessary because the
application of the proposal will take considerable coordination with
other options exchanges to confirm that the quotations in question on
an away options exchange were indeed submitted by a party to a
transaction on the Exchange.\28\ The Exchange also proposes to require
the party that believes it established the best bid or offer on one or
more other options exchanges to identify to the Exchange, in up to
twenty-five total options series, the quotes which were submitted by
such party and published by the other

options exchanges.\29\ In turn, the Exchange would verify with such
other options exchanges that such quotations were indeed submitted by
such party.\30\
---------------------------------------------------------------------------

    \25\ See Notice, supra note 3, at 23687.
    \26\ See proposed Rule 20.6(b)(2)(C). The Exchange also proposes
to renumber current Rule 20.6(b)(2)(C) as Rule 20.6(b)(2)(D).
    \27\ See Notice, supra note 3, at 23687.
    \28\ See id.
    \29\ See id. at 23688.
    \30\ See id.
---------------------------------------------------------------------------

D. Trading Halts

    Rule 20.3 describes the Exchange's authority to declare trading
halts in one or more options traded on the Exchange. Currently, Rule
20.3 states that the Exchange shall nullify any transaction that occurs
during a trading halt in the affected option on the Exchange or, with
respect to equity options, during a trading halt on the primary listing
market for the underlying security. The Exchange proposes to nullify
any equity options transaction that occurs during a regulatory halt as
declared by the primary listing market for the underlying security.\31\
The Exchange believes this change is necessary to distinguish a
declared regulatory halt, where the underlying security should not be
actively trading on any venue, from an operational issue on the primary
listing exchange where the security continues to safely trade on other
trading venues.\32\
---------------------------------------------------------------------------

    \31\ See proposed paragraph (b) of Interpretation and Policy .01
to Rule 20.3.
    \32\ See Notice, supra note 3, at 23688.
---------------------------------------------------------------------------

E. Implementation Date

    In order to ensure that other options exchanges are able to adopt
rules consistent with this proposal and to coordinate the effectiveness
of such harmonized rules, the Exchange proposes to delay the
effectiveness of this proposal to a date within ninety days following
this approval.\33\
---------------------------------------------------------------------------

    \33\ See id. The Exchange will announce the operative date in a
Regulatory Circular made available to its Members. See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\34\ In
particular, the Commission finds that the proposed rule change is
consistent with the requirements of Section 6(b) of the Act \35\ and
with Section 6(b)(5) of the Act,\36\ which requires, among other
things, that the Exchange's rules 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.
---------------------------------------------------------------------------

    \34\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \35\ 15 U.S.C. 78f(b).
    \36\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the proposal to amend Rule 20.6 will
help assure greater objectivity, transparency, and clarity with respect
to the adjustment and nullification of erroneous options transactions.
The Commission notes that the proposal is designed to achieve more
consistent results for participants across U.S. options exchanges than
under the initial harmonized rules, while maintaining a fair and
orderly market, protecting investors, and protecting the public
interest. In particular, the proposal is designed to increase the
consistency and transparency in the handling of erroneous options
transactions in situations where the NBBO is unavailable or deemed
unreliable pursuant to Rule 20.6(b).
    The Commission also believes that the Exchange's proposed change to
its no valid quotes provision, as described in greater detail above, is
consistent with the Act and would further the goal of providing
increased transparency and uniformity in the handling of erroneous
options transactions in a timely and organized fashion. Finally, the
Commission believes that the Exchange's proposed change to Rule 20.3
would provide increased transparency to its trading halt rule.
    Based on the foregoing, the Commission believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act \37\ in that
proposed Rules 20.3 and 20.6 will foster cooperation and coordination
with persons engaged in regulating and facilitating transactions.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that the proposed rule change will become
operative within ninety days following its approval, on a date to be
announced in a Regulatory Circular made available by the Exchange to
its Members. This delayed implementation is to ensure that other
options exchanges will have sufficient time to adopt rules consistent
with this proposal and to coordinate the date of implementation of such
harmonized rules.\38\
---------------------------------------------------------------------------

    \38\ See Notice, supra note 3, at 23688.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\39\ that the proposed rule change (SR-BatsBZX-2017-35) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-14556 Filed 7-11-17; 8:45 am]
BILLING CODE 8011-01-P


                                  Memorandum

To: Tom Mockler & Tom Ransdell, OSHA
From: Eastern Research Group, Inc.
Date: 11/20/2015
Subject: Supporting Information for Standards Improvement Project IV

 Underground Diesel Engines

ERG conferred with the Application Engineer & Local Compliance Leader at Cummins Northeast and the Senior Product Service Engineer at Caterpillar Emissions Solutions. We also talked to the Association of Equipment Manufacturers.

Through those conversations, ERG developed a deeper understanding of the provisions replacing 30 CFR part 32, namely §§57.5067 Engines, 75.1909 Nonpermissible diesel-powered equipment; design and performance requirements, 75.1910 Nonpermissible diesel-powered equipment; electrical system design and performance requirements, and 75.1911 Fire suppression systems for diesel-powered equipment and fuel transportation units.

Three elements of these provisions are particularly opaque:
 The relationship between the EPA emissions table reproduced at 30 CFR §57.5067 "Engines" and the underground emissions standards imposed by MSHA.
 The MSHA certification process itself, which seems to include specifications for manufacturers and site-specific guidance for equipment users.
 The term "nonpermissible."

Taking each of these in turn:
 All diesel engines are built to EPA standards, but engines used underground have to meet an additional set of performance benchmarks to receive an MSHA plate. These mining-specific standards (maximum fuel-air ratio, gaseous ventilation rate, particulate index, and so forth) are listed at 30 CFR Part 7 subpart E and 30 CFR Part 36. For approval, manufacturers can send engine prototypes to the MSHA testing facility in Triadelphia, WV.
 The MSHA certification process for the underground use of diesel-powered equipment takes place in two main steps. First, an engine design must be approved according to the standards outlined above. Once a model is approved, those engines can be produced with an MSHA plate, but  -  second  -  MSHA inspectors must also ensure that the engine is being used on-site in a compliant fashion. Industry notes MSHA language surrounding on-site specifications is purposefully vague in order to give inspectors as much latitude as possible.
 ERG understands the "nonpermissible" modifier as specifying engines that not only need to be built to EPA and MSHA standards, but are "nonpermissible" underground until those engines have received site-specific MSHA permits. Once an engine design is approved for use in mining applications, it is of course theoretically permissible, but this category is used to specify models requiring an extra level of certification to be permissible on-site. Another (very similar) interpretation is that these engines are referred to as "nonpermissible" because even though they meet EPA standards (the permissibility benchmark for diesel engines in general), they are not permissible for use in mining applications until meeting the supplemental MSHA standards (and, from there, the site-specific evaluation).
    Table 1 of §1039.101 -- Tier 4 Exhaust Emission Standards After the 2014 Model Year, g/kW-hr1
                             Maximum engine power
                                  Application
                                      PM
                                      NOX
                                     NMHC
                                   NOX+NMHC
                                      CO
kW <19
All
                                                                        [2]0.40

                                                                            7.5
                                                                         [3]6.6
19 <=kW <56
All
                                                                           0.03

                                                                            4.7
                                                                         [4]5.0
56 <=kW <130
All
                                                                           0.02
                                                                           0.40
                                                                           0.19

                                                                            5.0
130 <=kW <=560
All
                                                                           0.02
                                                                           0.40
                                                                           0.19

                                                                            3.5

Generator sets
                                                                           0.03
                                                                           0.67
                                                                           0.19

                                                                            3.5
kW >560
All except generator sets
                                                                           0.04
                                                                            3.5
                                                                           0.19

                                                                            3.5
    [1]Note that some of these standards also apply for 2014 and earlier model years. This table presents the full set of emission standards that apply after all the transition and phase-in provisions of §1039.102 expire.
    [2]See paragraph (c) of this section for provisions related to an optional PM standard for certain engines below 8 kW.
    [3]The CO standard is 8.0 g/kW-hr for engines below 8 kW.
    [4]The CO standard is 5.5 g/kW-hr for engines below 37 kW.

 Chest X-Ray Requirements under Current OSHA Standards in SIPS IV

ERG supported OSHA in analyzing a selection of regulations that contain requirements for chest x-rays as a component of the medical surveillance provision. ERG evaluated each regulation for consistency and compiled cost data to estimate the cost of a posterior-anterior chest x-ray in the United States. ERG also reviewed recent Information Collection Request Paperwork Burden Analyses of each regulation to estimate the current number of medical examinations (and, thus, chest x-rays) that employers provide on an annual basis. ERG reviewed the methodology used to estimate the number of medical examinations in the selected regulatory analyses for consistency.

 Consistency of Chest X-Ray Requirements among the Selected Regulations
ERG examined the text of the regulations in question. Table 1 displays the relevant language in each regulation. Based on these descriptions, ERG judged that the required x-ray procedures are consistent across the selected regulations and that it is reasonable to use one unit cost for a posterior-anterior chest x-ray to estimate costs for all these regulations.

Table 1. Regulatory Requirements for X-Rays, by Standard
Chemical/Exposure Hazard
Standard
Description of X-ray quoted from regulatory text
Coke Oven Emissions
                                                                       1910.103
A standard posterior-anterior chest x-ray
Acrylonitrile
                                                                       1910.105
A 14- by 17-inch posteroanterior chest X-ray
Inorganic Arsenic
                                                                       1910.102
A standard posterior-anterior chest x-ray

 Unit Costs for Chest X-Rays in the United States
Using Current Procedural Terminology (CPT) code 71020, which is the code for a posterior-anterior chest x-ray, ERG queried the Centers for Medicare and Medicaid Services' (CMS) Physician Fee Schedule Lookup database. ERG found a national price of $68.42. This is the Medicare Reimbursement rate and is expected to be lower than rates typically paid by private insurance providers or uninsured patients.
ERG queried CMS' database further for a selection of localities to show a range of costs. Charges for similar medical procedures vary widely by location. The results are displayed in Table 2 below.

Table 2. Posterior Chest X-ray Cost for Selected Localities
                                   Locality
                                   Locality
                           Estimated Cost to Patient
New York, NY
1320202
$82.46
Los Angeles, CA
0118218
$77.77
Metro Boston, MA
1421201
$77.34
Colorado
0411201
$68.87
Virginia
1130200
$66.92
Nebraska
0540200
$61.92
Cedar Rapids, IA
0510200
$61.29
Source: CMS.gov, 2014.

 The Number of Medical Examinations and Chest X-Rays Provided by Employers Annually Under the Selected Regulations
ERG also estimated the number of medical examinations offered under each of the regulations. These estimates are shown in Table 3.

Table 3. Annual Number of Medical Exams and Employees Receiving Medical Exams under Select OSHA Standards

                                  Regulation
                              Total Medical Exams
                             Initial Medical Exams
                            Recurring Medical Exams
                           Additional Medical Exams
1910.1029 Coke Oven Emissions (General Industry)
                                     4,043
                                     1,143
                                     2,324
                                      576
1910.1045 Acrylonitrile (General Industry)
                                      708
                                      140
                                      467
                                      101
1910.1018 Inorganic Arsenic (Total)
                                     1,133
                                      238
                                      792
                                      103
1910.1018 Inorganic Arsenic Coal-Fired Power Plants (General Industry)
                                      977
                                      205
                                      683
                                      89
1910.1018 Inorganic Arsenic (Other General Industry)
                                      156
                                      33
                                      109
                                      14
Total
                                     5,884
                                     1,521
                                     3,583
                                      780

 MUTCD-Related Traffic Sign Costs

Based on prices quoted in standard vendor catalogs for traffic warning signs, ERG estimated average prices for shoulder drop-off warning signs and warning flags of $32.74 and $7.96 (Grainger, 2014; Zoro, 2014; Traffic Safety Store, 2014; hallSigns, 2014; LowenSign, 2014). The shoulder drop-off warning sign estimate was based on a sample of 11 signs of differing durability and reflectivity. These signs ranged in prices from a low of $21.20 per sign to a high of $58.50. The warning flag estimate was based on a sample of 7 flags of differing materials and colors, ranging in price from $4.83 to $16.66 per flag.

References

American Medical Association (AMA), 2008. CPT Codes. Available at https://commerce.ama-assn.org/store/catalog/subCategoryDetail.jsp?category_id=cat1150008&navAction=push. (Accessed, March 4, 2014).

Bureau of Labor Statistics (BLS), 2012. Occupational Employment Statistics Survey. Available at http://www.bls.gov/oes/.

Bureau of Labor Statistics (BLS), 2013. Job Openings and Labor Turnover Survey, Total Separations Rate for the Manufacturing Industry. Available at http://www.bls.gov/jlt/data.htm
(Accessed April 3, 2015).

Center for Medicare & Medicaid Services (CMS), 2014. http://www.cms.gov/apps/physician-fee-schedule/search/search-criteria.aspx. (Accessed April 1, 2014).

Department of Labor (DOL), 2011. Supporting Statement for the Information Collection Requirements of the Acrylonitrile Standard (29 CFR 1910.1045) (OMB CONTROL NO. 1218-0126(May 2011)). Occupational Safety and Health Administration (OSHA).

Department of Labor (DOL), 2014. Supporting Statement for the Information Collection Requirements of the Acrylonitrile Standard (29 CFR 1910.1045) OMB CONTROL NO. 1218-0126 (March 2014). Occupational Safety and Health Administration (OSHA).

Department of Labor (DOL), 2015a. Supporting Statement for the Information Collection Requirements of the Coke Oven Emissions Standard (29 CFR 1910.1029) (OMB CONTROL NO. 1218-0128 (January 2015). Occupational Safety and Health Administration (OSHA).

Department of Labor (DOL), 2015b. Supporting Statement for the Information Collection Requirements in the Inorganic Arsenic Standard (29 CFR 1910.1018) OMB CONTROL NO. 1218-0104 (July 2015). Occupational Safety and Health Administration (OSHA).

Devanney, Michael T., 2014. Chemical Economics Handbook. Acrylonitrile (607.5000).. IHS Chemical. Available at www.ihs.com/chemical.

Energy Information Administration (EIA), 2013. U.S. Department of Energy, Energy Information Administration. Form EIA-860 Detailed Data. Available at http://www.eia.gov/electricity/data/eia860/. (Accessed March, 26, 2015).

Grainger, 2014. Grainger Product Catalog. 2014. (http://www.grainger.com/content/general-catalog. Accessed July 27, 2014)

hallSigns, 2014. Store.hallSigns.com Product Catalog, 2014 (http://store.hallsigns.com. Accessed July 27, 2014).

LowenSign, 2014. Lowen Sign Company Product Catalog, 2014. (http://www.lowentrafficsigns.com. Accessed July 27, 2014)

Ormonde et. al, 2013. Chemical Economics Handbook. Nitrile Elastomers (525.2800). IHS Chemical. Available at www.ihs.com/chemical.

Sesto et. al, 2013. Chemical Economics Handbook. Acrylic and Modacrylic Fibers (541.5000). IHS Chemical. Available at www.ihs.com/chemical.

Sriram et. al, 2014. Chemical Economics Handbook. Acrylonitrile-Butadiene-Styrene Resins (580.0180). IHS Chemical. Available at www.ihs.com/chemical.

Traffic Safety Store, 2014. Traffic Safety Store Product Catalog, 2014. (https://www.trafficsafetystore.com. Accessed July 27, 2014)

U.S. Economic Census, 2011. County Business Patterns (CBP). Available at http://www.census.gov/econ/cbp/download/ (Accessed June 12, 2014).

United States Geological Survey (USGS), 2014. Mineral Commodity Summaries. Available at http://minerals.usgs.gov/minerals/pubs/mcs/2014/mcs2014.pdf.

Zoro, 2014. Zoro Product Catalog, 2014 (http://www.zoro.com. Accessed July 27, 2014)


[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Pages 15235-15236]
[FR Doc No: 2022-05641]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-8-000]

Commission Information Collection Activities (Ferc-1000); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Three-year renewal of information collection and request for
comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-1000 (Request for a Medical Exception to
the COVID-19 Vaccination Requirement).

DATES: Comments on the collection of information are due May 16, 2022.

ADDRESSES: You may submit copies of your comments (identified by Docket
No. IC22-8-000) by one of the following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT:  Ellen Brown may be reached by email
at [email protected], or telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

    Title: FERC-1000, Request for a Medical Exception to the COVID-19
Vaccination Requirement.
    OMB Control No.: 1902-0320.
    Abstract: The purpose of this three-year renewal of the information
collection is to allow the Federal Energy Regulatory Commission to
collect information from FERC employees (and their medical providers)
applying for a medical exception to the COVID-19 Vaccination
Requirement as specified in Part 2 of FERC Form No. 1000.\1\
---------------------------------------------------------------------------

    \1\ The vaccination requirement issued pursuant to E.O. 14043,
is currently the subject of a nationwide injunction. While that
injunction remains in place, the Federal Energy Regulatory
Commission (FERC) will not process requests for a medical exception
from the COVID-19 vaccination requirement pursuant to E.O. 14043.
FERC will also not request the submission of any medical information
related to a request for an exception from the vaccination
requirement pursuant to E.O. 14043 while the injunction remains in
place. But FERC may nevertheless receive information regarding a
medical exception. That is because, if FERC were to receive a
request for an exception from the COVID-19 vaccination requirement
pursuant to E.O. 14043 during the pendency of the injunction, FERC
will accept the request, hold it in abeyance, and notify the
employee who submitted the request that implementation and
enforcement of the COVID-19 vaccination requirement pursuant to E.O.
14043 is currently enjoined and that an exception therefore is not
necessary so long as the injunction is in place. In other words,
during the pendency of the injunction, any information collection
related to requests for medical exception from the COVID-19
vaccination requirement pursuant to E.O. 14043 is not undertaken to
implement or enforce the COVID-19 vaccination requirement.
---------------------------------------------------------------------------

    Consistent with guidance from the Centers for Disease Control and
Prevention (CDC), guidance from the Safer Federal Workforce Task Force
established pursuant to Executive Order 13991 of January 20, 2021,
Protecting the Federal Workforce and Requiring Mask-Wearing, and
Executive Order 14043 of September 9, 2021, Requiring Coronavirus
Disease 2019 Vaccination for Federal Employees, the request for this
information collection is essential to implement the Commission's
health and safety measures regarding the federal employee medical
exceptions to the COVID-19 mandatory vaccinations. In addition, the
Rehabilitation Act of 1973, as amended, requires Federal Agencies to
provide reasonable accommodations to qualified employees with
disabilities unless that reasonable accommodation would impose an undue
hardship on the employee's Agency. See 29 U.S.C. 791 and 29 CFR part
1614; see also 20 CFR part 1630 and Executive Order 13164 of July 26,
2000, Requiring Federal Agencies to Establish Procedures to Facilitate
the Provision of Reasonable Accommodation. Section 2 of E.O. 14043
mandates that each agency, ``implement, to the extent consistent with
applicable law, a program to require COVID-19 vaccination for all of
its Federal employees, with exceptions only as required by law.'' This
medical exception form (FERC Form No. 1000) is necessary for the
Commission to determine whether to grant medical exceptions to the
vaccine requirement under the Rehabilitation Act.
    The information being requested helps promote the safety of the
Federal workforce, Federal buildings, and others on site at FERC
facilities. This collection is consistent with the COVID-19 Workplace
Safety Agency Model Safety Principles established by the White House
Safer Federal Workforce Task Force and guidance from the Centers for
Disease Control and Prevention.
    Type of Respondent: Medical Providers.
    Estimate of Annual Burden: \2\ The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \2\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 Code of Federal Regulations 1320.3.

                                                       FERC-1000: Request for a Medical Exception to the COVID-19 Vaccination Requirement
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Annual  number
                                              Number of     of  responses   Total  number
                                             respondents         per        of  responses     Average  burden &  cost per  response \3\       Total annual  burden hours &  total annual cost
                                                             respondent
                                                      (1)             (2)     (1) * (2) =  (4)...........................................  (3) * (4) = (5)
                                                                                (3)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Medical Provider.........................              24               1              24  30 minutes (\1/2\ hour); $72..................  720 minutes (12 hours); $1,728.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
---------------------------------------------------------------------------

    \3\ Cost estimates are based on industry costs for general
internal medicine physicians (29-1216) defined by the Bureau of
Labor Statistics. The cost figure for the general internal medicine
physicians in 2021 was an average annual salary plus benefits of
$300,076/year or $144/hour.

    Dated: March 11, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-05641 Filed 3-16-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Rules and Regulations]
[Page 16345-16346]
[DOCID:fr01ap10-11]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 10

[Docket No. FDA-1999-N-3539] (formerly Docket No. 1999N-4783)

Administrative Practices and Procedures; Good Guidance Practices;
Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA) is amending its
administrative regulations. This action is being taken to ensure
accuracy and clarity in agency regulations.

DATES: The rule is effective April 1, 2010.

FOR FURTHER INFORMATION CONTACT: Joyce Strong, Office of Policy (HF-
27), Food and Drug Administration, 5600

Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is amending its administrative
regulations in 21 CFR part 10. We are taking this action to ensure
accuracy and clarity in the agency's regulations.
    Publication of this document constitutes final action under the
Administrative Procedure Act (5 U.S.C. 553). FDA has determined that
notice and public comment are unnecessary because the amendments to the
regulations provide only technical changes to correct inaccurate
citations and to update terminology, and are nonsubstantive.

List of Subjects in 21 CFR Part 10

    Administrative practice and procedure, News media.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
10 is amended as follows:

PART 10--ADMINISTRATIVE PRACTICES AND PROCEDURES

0
1. The authority citation for 21 CFR part 10 continues to read as
follows:

    Authority: 5 U.S.C. 551-558, 701-706; 15 U.S.C. 1451-1461; 21
U.S.C. 141-149, 321-397, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264.

0
2. In Sec.  10.90, revise paragraphs (a) and (c) to read as follows:

Sec.  10.90  Food and Drug Administration regulations, recommendations,
and agreements.

    (a) Regulations. FDA regulations are issued in the Federal Register
under Sec.  10.40 or Sec.  10.50 and codified in the Code of Federal
Regulations. Regulations may contain provisions that will be enforced
as legal requirements, or which are intended only as guidance documents
and recommendations, or both. The dissemination of draft notices and
regulations is subject to Sec.  10.80.
* * * * *
    (c) Recommendations. In addition to the guidance documents subject
to Sec.  10.115, FDA often formulates and disseminates recommendations
about matters which are authorized by, but do not involve direct
regulatory action under, the laws administered by the Commissioner,
e.g., model State and local ordinances, or personnel practices for
reducing radiation exposure, issued under 42 U.S.C. 243 and 21 U.S.C.
360ii. These recommendations may, in the discretion of the
Commissioner, be handled under the procedures established in Sec.
10.115, except that the recommendations will be included in a separate
public file of recommendations established by the Division of Dockets
Management and will be separated from the guidance documents in the
notice of availability published in the Federal Register, or be
published in the Federal Register as regulations under paragraph (a) of
this section.
* * * * *

    Dated: March 29, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-7286 Filed 3-31-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Page 60936]
[FR Doc No: 2023-19167]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing may be viewed
on the Commission's website at http://www.ferc.gov using the eLibrary
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

------------------------------------------------------------------------
          Docket Nos.               File date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    NONE.......................
Exempt:
    1. P-14513-003.............       8-28-2023  FERC Staff.\1\
------------------------------------------------------------------------
\1\ Programmatic agreement signature page of Tricia Canaday of Idaho
  State Historic Preservation Office.

    Dated: August 30, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-19167 Filed 9-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Page 42097]
[FR Doc No: 2015-17423]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM15-20-000]

Five-Year Review of the Oil Pipeline Index; Notice Regarding
Conference

    On June 30, 2015, the Commission issued a notice of inquiry (NOI)
in the above-captioned proceeding initiating its five-year review of
the oil pipeline index. The Commission stated that it planned to hold a
conference on July 30, 2015, regarding the issues raised by the NOI.\1\
---------------------------------------------------------------------------

    \1\ Five-Year Review of the Oil Pipeline Index, 151 FERC ]
61,278 (2015).
---------------------------------------------------------------------------

    The conference will be held on July 30, 2015, from 2:00 p.m. to
3:30 p.m. (EST), at the offices of the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426. The conference
will be led by Commission Staff and may be attended by one or more
Commissioners.
    The purpose of the conference is to gain an understanding of the
positions of the parties in advance of the filed comments in this
proceeding. At the conference, interested persons will be permitted to
give brief presentations regarding the index level proposed in the
notice of inquiry and any alternative methodologies for calculating the
index level. Each presenter will be allowed up to 15 minutes as time
permits based on the number of presentations.
    The technical conference will not be transcribed. However, there
will be a free webcast of the conference. The webcast will allow
persons to listen to the technical conference, but not participate.
Anyone with Internet access who wants to listen to the conference can
do so my navigating to the Calendar of Events at www.ferc.gov and
locating the technical conference in the Calendar. The Calendar will
contain a link to the webcast. The Capitol Connection provides
technical support for the webcast and offers the option of listening to
the meeting via a phone-bridge for a fee. If you have any questions,
visit www.CapitolConnection.org or call<PHONE_NUMBER>.\2\
---------------------------------------------------------------------------

    \2\ The webcast will continue to be available on the Calendar of
Events on the Commission's Web site at www.ferc.gov for three months
after the conference.
---------------------------------------------------------------------------

    Those interested in providing presentations are asked to submit a
brief request to speak in this docket on or before July 15, 2015, by
completing the form available at: (https://www.ferc.gov/whats-new/registration/07-30-15-RM-15-20-000-speaker-form.asp). Once the speaking
requests have been submitted, a further notice will be issued with the
speaking schedule for the conference.
    This conference is open to the public. Pre-registration for
attending is not required, but is recommended. Registrations can be
made at: (https://www.ferc.gov/whats-new/registration/07-30-15-form.asp).
    Commission conferences are accessible under section 208 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY); or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For further information about these conferences, please contact:
Sarah McKinley, Office of External Affairs,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    Dated: July 10, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-17423 Filed 7-15-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Page 36801]
[FR Doc No: 2014-15222]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13570-002]

Warm Springs Irrigation District; Notice of Technical Meeting

    a. Project Name and Number: Warm Springs Dam Hydroelectric Project
No. 13570.
    b. Date: July 10, 2014; 1:30 p.m. Eastern Time (11:30 a.m. Mountain
Time).
    c. Place: Telephone conference with the U.S. Bureau of Reclamation
(Reclamation) and the Warm Springs Irrigation District.
    d. FERC Contact: Ken Wilcox<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    e. Purpose of Meeting: To discuss Reclamation's authority over the
operation, maintenance, and management of the Warm Springs Dam and
reservoir, relative to the proposed hydroelectric project.
    f. A summary of the meeting will be prepared and filed for the
project's record.
    g. All local, state, and federal agencies, Indian tribes, and other
interested parties are invited to participate by phone. Please contact
Ken Wilcox at<EMAIL_ADDRESS>or<PHONE_NUMBER> by close of
business Tuesday, July 8, 2014, to RSVP and to receive specific
instructions on how to participate.

    Dated: June 24, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-15222 Filed 6-27-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Page 59373]
[FR Doc No: 2018-25464]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR19-7-000]

CITGO Petroleum Corporation v. Colonial Pipeline Company; Notice
of Complaint

    Take notice that on November 15, 2018, pursuant to sections 13(1),
15(1) and 15(7) of the Interstate Commerce Act (ICA),\1\ Rules 211 and
214 of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure,\2\ and sections 343.2, 343.3, and 385.206 of
the Commission's Procedural Rules Applicable to Oil Pipeline
proceedings,\3\ CITGO Petroleum Corporation (Complainant) filed a
formal complaint against Colonial Pipeline Company (Respondent)
alleging that the Respondent's untarriffed increase of a product loss
allocation rate is unlawful under sections 6, 13, and 15 of the ICA, as
more fully explained in the complaint.
---------------------------------------------------------------------------

    \1\ 49 App. U.S.C. 15(1) and 15(7) (1988).
    \2\ 18 CFR 385.211 and 385.214.
    \3\ 18 CFR 343.3.
---------------------------------------------------------------------------

    The Complainant states that a copy of the complaint was served on
the contacts for the Respondent listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the website that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 5, 2018.

    Dated: November 15, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-25464 Filed 11-21-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74710-74712]
[FR Doc No: 2012-30324]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68407; File No. SR-NYSEMKT-2012-74]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Proposing To Amend the
NYSE Amex Options Fee Schedule for Professional Customers and Broker-
Dealers To Modify Existing Volume-Based Tiers and the Associated Rate
per Contract for Certain Electronic Executions

December 11, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 29, 2012, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') 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 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\ 15 U.S.C. 78a.
    \3\ 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 amend the NYSE Amex Options Fee Schedule
(``Fee Schedule'') for Professional Customers and Broker-Dealers to
modify existing volume-based tiers and the associated rate per contract
for certain electronic executions. 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 amend the Fee Schedule for Professional
Customers and Broker-Dealers to modify existing volume-based tiers and
the associated rate per contract for certain electronic executions.
    Presently, electronic executions for Professional Customers and
Broker-Dealers that take liquidity are charged according to the
following schedule:

------------------------------------------------------------------------
  Average daily volume (``ADV'') tiers for professional      Rate per
     customers and broker- dealers taking liquidity          contract
------------------------------------------------------------------------
0 to 50,000.............................................            $.28
50,001 to 100,000.......................................             .26
Over 100,000............................................             .23
------------------------------------------------------------------------

    A Professional Customer or Broker-Dealer is treated as a ``taker''
of liquidity any time they send a marketable order to the Exchange and
it immediately trades against a posted bid or offer in the Exchange's
Consolidated Order Book. When a Professional Customer or Broker Dealer
is resting a bid or offer in the Exchange's Consolidated Order Book, it
is treated as a ``maker'' of liquidity and any volumes arising from
making liquidity do not count toward these volume tiers for the
month.\4\
---------------------------------------------------------------------------

    \4\ See endnote 16 of the Fee Schedule. Volumes arising from
making liquidity are eligible for the lower per contract rate(s) if
sufficient taking liquidity ADV is executed. ADV is calculated by
using the total of taking liquidity volume divided by the number of
days in the month when the Exchange was open for business. Volumes
arising from the execution of either Complex Orders or Qualified
Contingent Cross (``QCC'') orders do not count towards the
calculation of ADV for purposes of these volume tiers. Complex Order
volumes from electronic executions are eligible for the reduced
rates that a participant may achieve based on their take volumes.
QCC orders continue to be billed at the $.20 per contract rate
applicable to Non-Customers. Id.

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

    The Exchange proposes to change the tiers and the associated rate
per contract as shown below:

------------------------------------------------------------------------
    ADV tiers for professional
   customers and broker-dealers      Proposed rate     Former rate per
         taking liquidity            per contract         contract
------------------------------------------------------------------------
0 to 16,999.......................            $.32  $.28.
17,000 to 49,999..................            $.28  $.28.
Over 49,999.......................            $.23  $.28 for 50,000
                                                     Contracts.
                                                    $.26 for 50,001 to
                                                     100,000 Contracts.
                                                    $.23 for over
                                                     100,000 Contracts.
------------------------------------------------------------------------

    Thus, only Professional Customers and Broker-Dealers that have an
average daily volume of 16,999 contracts or less (the lowest proposed
tier) will pay a higher rate per contract under the proposed change;
Professional Customers and Broker-Dealers with a higher ADV will pay
either the same rate or a lower rate than they do today.
    Since adopting tiered pricing for Professional Customer and Broker-
Dealer electronic transactions, the Exchange has not garnered as much
electronic Professional Customer and Broker-Dealer electronic take
volume as expected. To attract more of this business, the Exchange
proposes to reduce the levels of take volumes necessary to achieve
certain lower per contract rates on all Professional Customer and
Broker-Dealer electronic volumes but to raise fees for Professional
Customers and Broker-Dealers that execute relatively lower volumes on
the Exchange. By reducing the tiers and reducing the rate at relatively
higher levels of volume, the Exchange expects to attract more
Professional Customer and Broker-Dealer taking volume to the Exchange.
The Exchange further notes that the proposed fees fall within the range
of fees charged in the industry for Professional Customer and Broker
Dealer electronic transaction charges.\5\
---------------------------------------------------------------------------

    \5\ See ISE fee schedule as of November 6, 2012, under which
that exchange charges Professional Customer and Broker-Dealer
``take'' fees of $.33 per contract in Select Symbols, and the Nasdaq
Options Market fee schedule as of November 1, 2012, under which that
exchange charges Professional Customers and Broker-Dealers $.49
[sic] to take liquidity in Penny Pilot symbols and $.89 per contract
to take liquidity in non-Penny Pilot symbols.
---------------------------------------------------------------------------

    The proposed change will be operative on December 1, 2012.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) \6\ of the Securities Exchange Act
of 1934 (the ``Act''), in general, and Section 6(b)(4) \7\ of the Act,
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities and is not unfairly
discriminatory.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to the volume-based
tiers and the associated rates per contract for electronically executed
orders of Professional Customers and Broker-Dealers that take liquidity
are reasonable, equitable and not unfairly discriminatory. The Exchange
believes the fees are reasonable because they are within the range of
comparable fees on at least two other exchanges.\8\ Moreover, the fee
increase at the proposed lowest volume tier is reasonable because these
Professional Customers and Broker-Dealers are bringing less volume to
the Exchange and the higher fees will offset the loss in revenue
associated with reducing fees at lower volume thresholds. The Exchange
notes that with only a modest increase in trading activity,
Professional Customers and Broker-Dealers will be able to maintain the
same rate as they are currently paying. A more significant increase in
trading activity will result in such participants paying a lower
transaction rate than they pay today. The Exchange believes that it is
reasonable to adjust the tier thresholds in this manner to encourage
greater participation and thereby foster more transparency and price
discovery for the benefit of all market participants.
---------------------------------------------------------------------------

    \8\ See supra note 5.
---------------------------------------------------------------------------

    The Exchange notes that while other participants may pay less for
electronic transactions that take liquidity, such participants also pay
substantially more for the ability to trade on the Exchange. For
example, Market Makers have much higher fixed monthly costs as compared
to Professional Customers and Broker-Dealers. A Market Maker seeking to
stream quotes in the entire universe of names traded on the Exchange
would have to pay $33,000 per month in Amex Trading Permit (``ATP'')
fees and Premium Product Fees. In addition, a Market Maker acting as a
Specialist, e-Specialist, or Directed Order Market Maker will incur
monthly Rights Fees that range from $75 per option to $1,500 per
option. Professional Customers and Broker-Dealers, which access the
Exchange via an order routing firm, pay only $500 per month in ATP fees
(assuming the cost is passed back to them), and for that low monthly
cost are able to send orders in all issues traded on the Exchange.
Broker-Dealers that are ATP Holders and access the Exchange directly
incur the monthly ATP fee of $500 and in turn have the ability to send
orders in all issues traded on the Exchange. Given these facts, coupled
with the aforementioned range in Professional Customer fees on other
exchanges, the Exchange believes that the proposed change is
reasonable, equitable, and not unfairly discriminatory.
    The Exchange believes the proposed change to increase fees to $.32
per contract for the lowest volume Professional Customer and Broker-
Dealer participants is equitable and not unfairly discriminatory
because the change will apply to all Professional Customers and Broker-
Dealers equally and the increase will offset the costs to the Exchange
associated with offering more favorable rates at lower trading
thresholds. Furthermore, Professional Customers and Broker-Dealers are
free to change the manner in which they access the Exchange. A
Professional Customer may, by sending fewer than 390 orders per day
across the industry, begin participating as a Customer and avoid
incurring any transaction fees. Broker-Dealers and Professional
Customers may apply to become Market Makers to transact on a
proprietary basis as Market Makers or become ATP Holders to transact on
the Exchange as a Firm. In light of the ability to access the Exchange
in a variety of ways, each of which is priced differently, Professional
Customers, Broker-Dealers, and other participants may access the
Exchange in a manner that makes the most economic sense for them.
    The Exchange believes that the proposed change to modify the
existing

volume-based tiers for Professional Customers and Broker-Dealers that
transact electronically is equitable and not unfairly discriminatory
because the change will apply to all participants in those categories
equally and such participants are free to change the manner in which
they access the Exchange. The proposed change also will reward
Professional Customers and Broker-Dealers that bring relatively higher
volumes of trading activity to the Exchange. Moreover, as noted
previously, these participants have lower aggregate fees when compared
to, for example, the ATP fees incurred by a NYSE Amex Market Maker to
quote the entire universe of names traded on the Exchange. Further, the
establishment of the tiers will enable Professional Customers and
Broker-Dealers that transact in sufficient volumes to obtain a lower
per contract rate on all of their electronic volumes in a given month.
This is equitable and not unfairly discriminatory given that a higher
volume of marketable orders, which these volume tiers will encourage,
is beneficial to other Exchange participants due to the increased
opportunity to trade.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
determine that such venues offer more favorable trading conditions and
rates.

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.

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

    No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE MKT.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

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-2012-74 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-NYSEMKT-2012-74. 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 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 NYSE's
principal office and on its Internet Web site at www.nyse.com. 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-2012-74, and should
be submitted on or before January 7, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30324 Filed 12-14-12; 8:45 am]
BILLING CODE 8011-01-P