[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32997-33001]
[FR Doc No: 2015-14133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75106; File No. SR-C2-2015-014]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Solicitation Auction Mechanism

June 4, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 27, 2015, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend Rules 6.52 relating to the
Solicitation Auction Mechanism (``SAM''). The text of the proposed rule
change is provided below. (additions are italicized; deletions are
[bracketed])
* * * * *
C2 Options Exchange, Incorporated
Rules
* * * * *
Rule 6.52. Solicitation Auction Mechanism
    A Participant that represents agency orders may electronically
execute orders it represents as agent (``Agency Order'') against
solicited orders provided it submits the Agency Order for electronic
execution into the solicitation auction mechanism (the ``Auction'')
pursuant to this Rule.
    (a) Auction Eligibility Requirements. A Participant (the
``Initiating Participant'') may initiate an Auction provided all of the
following are met:
    (1) The Agency Order is in a class designated as eligible for
Auctions as determined by the Exchange and within the designated
Auction order eligibility size parameters as such size parameters are
determined by the Exchange (however, the eligible order size may not be
less than 500 standard option contracts or 5,000 mini-option
contracts);
    (2) Each order entered into the Auction shall be designated as all-
or-none and must be stopped with a solicited order priced at or within
the NBBO as of the time of the initiation of the Auction (i.e. the time
that the Agency Order is received in the System (the ``initial auction
NBBO''); and
    (3) The minimum price increment for an Initiating Participant's
single price submission shall be determined by the Exchange on a series
basis and may not be smaller than one cent.
    (b) Auction Process. The Auction shall proceed as follows:
    (1) Auction Period and Requests for Responses.
    (A) To initiate the Auction, the Initiating Participant must mark
the Agency Order for Auction processing, and specify a single price at
which it seeks to cross the Agency Order with a solicited order priced
at or within the initial auction NBBO.
    (B) When the Exchange receives a properly designated Agency Order
for Auction processing, a Request for Responses message indicating the
price, side, and size at which it seeks to cross the Agency Order with
a solicited order will be sent to all Participants that have elected to
receive such messages.
    (C)-(G) No change.
    (2) Auction Conclusion and Order Allocation. The Auction shall
conclude at the sooner of subparagraphs (b)(2)(A) through (E) of Rule
6.51. At the conclusion of the Auction, the Agency Order will be
automatically executed in full or cancelled and allocated subject to
the following:
    (A) The Agency Order will be executed against the solicited order
at the proposed execution price, provided that:
    (i) The execution price must be equal to or better than the initial
auction NBBO. If the execution would take place outside the initial
auction NBBO, the Agency Order and solicited order will be cancelled;
    (ii)-(iii) No change.
    . . . Interpretations and Policies:
    .01-.03 No change.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to make changes to its existing SAM auction
rules in Rule 6.52. The Exchange believes that the proposed amendments
would ensure greater consistency between the Exchange's SAM auction and
order protection rules \3\ and provide additional clarity in the Rules
regarding the Exchange's SAM Auction procedures.
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    \3\ See Section E of C2 Rules Chapter 6 relating to Intermarket
Linkage (``Intermarket Linkage Rule'') (providing that the rules
contained in Section E of CBOE Chapter IV relating to the Options
Order Protection and Locked/Crossed Market Plan shall apply to C2).
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    Rule 6.52 permits Participants to electronically execute all-or-
none (``AON'') orders for 500 or more standard options contracts or
5,000 or more mini-options contracts that they represent as agent
(``Agency Order'') against solicited orders provided the Participant
submits the Agency Order for electronic execution into SAM for auction
(the ``Auction'') pursuant to Rule 6.52.\4\ Under Rules 6.52(a)(2) and
(b)(1)(A), each order entered into SAM shall be designated AON by the
Initiating Participant with the Agency Order marked for auction
processing with a specific single price at which the Initiating
Participant seeks to cross the Agency Order with the solicited order.
Pursuant to Rule 6.52(b)(2)(A)(i), the Agency Order will be executed
against the solicited order at the proposed execution price, provided
that, among other things, the execution price must be equal to or
better than the C2 best bid or offer (``BBO''). If the execution would
take place outside the BBO, the Agency Order and solicited order will
be cancelled.\5\
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    \4\ SAM functionality is currently inactive on the Exchange.
    \5\ See Rule 6.52(b)(2)(A)(i).
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    Although Participants are subject to the Exchange's order
protection rules and thus, prevented from trading through the displayed
national best bid and offer (``NBBO''), including within the context of
SAM auctions,\6\ current Rule 6.52 does not specifically require
Initiating Participants to stop Agency Orders at or within the NBBO or
expressly prohibit Agency Orders from being executed against solicited
orders at prices outside the NBBO.\7\ In addition, current Rule 6.52
does not specify whether the Agency Order may be executed against a
solicited order priced at or within the BBO as of the time that the
Agency Order is received in the System,\8\ as of the time of the
beginning of the auction (i.e. the time when requests for responses
(``RFRs'')

are sent), or as of the time of execution.\9\ Accordingly, the Exchange
is proposing to make several clarifying amendments to Rule 6.52 to
require that Agency Orders be stopped and executed at or within the
NBBO and to define when the NBBO will be looked at for purposes of
order protection during the SAM auction process.\10\
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    \6\ See section E of C2 Rules Chapter 6 relating to Intermarket
Linkage (``Intermarket Linkage Rule'') (providing that the rules
contained in section E of CBOE Chapter IV relating to the Options
Order Protection and Locked/Crossed Market Plan shall apply to C2).
    \7\ Notably, the Exchange's other auction rules expressly
provide that Initiating Participants must stop Agency Orders at or
within the NBBO and prohibit Agency Orders from being executed
against solicited orders at prices outside the NBBO. See Rule
6.51(b) (Automated Improvement Mechanism (``AIM'')).
    \8\ See Rule 1.1 (System) (defining the term ``System'' to mean
``the automated trading system used by the Exchange for the trading
of options contracts'').
    \9\ SAM auction functionality is not active on C2.
    \10\ Any future activation of SAM will be announced via
Regulatory Circular prior to activation.
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    Specifically, the Exchange is proposing to amend Rules 6.52(a)(2),
6.52(b)(1)(A), and 6.52(b)(2)(A)(i) to provide that Agency Orders
submitted into SAM must be stopped with a solicited order priced at or
within the national best bid or offer (``NBBO'') as of the time of the
initiation of the Auction (i.e. the time that the Agency Order is
received for SAM auction processing in the System) (the ``initial
auction NBBO'') and that Agency Orders that are submitted for
electronic execution into SAM must be executed at a price at or better
than the initial auction NBBO.\11\ Agency Orders paired against
solicited orders priced outside of the NBBO that are submitted for
electronic execution into SAM would be rejected by the System and
cancelled by the Exchange.
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    \11\ The Exchange believes that its proposal to consider the
NBBO as of the time that the Agency Order is received in the System
for purposes of the entire auction period (i.e. 1 second) is
consistent with order protection principles.
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    The Exchange believes that requiring SAM orders to be stopped and
executed at a price equal to, or better than, the NBBO as of the time
of receipt of the Agency Order in the OHS is consistent with the
Exchange's Intermarket Linkage Rule. As proposed, the range of
permissible crossing prices and executions would be defined based on a
snapshot of the market at the time when the Agency Order is
received.\12\ This proposed rule change would thus, make clear that
although the NBBO may update during the SAM auction response time
(currently SAM auctions last one second),\13\ the initial auction NBBO
would be considered the NBBO for SAM auction execution purposes.
Accordingly, a SAM order execution outside of the NBBO would not
violate the order protection rules if the execution price were within
the NBBO that existed when the Agency Order was received in the System.
The Exchange believes that the proposed rule changes would promote
consistency within the Rules and across the Exchange's various auction
procedures.\14\ The Exchange also believes that the proposed rule
changes would further the interests of investors and market
participants by helping to ensure best executions and protection of
bids and offers across multiple exchanges.
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    \12\ See Id.
    \13\ See Rule 6.52(b)(1)(C).
    \14\ The Exchange also notes that the proposed order protection
rule changes are consistent with similar electronic price
improvement auction rules of other exchanges. See, e.g., BOX Rule
7270(b)(2)(i) (Block Trades).
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    The following example demonstrates how the Exchange's proposal
would provide order protection within the context of the SAM auction
rules. Assume that the NBBO for a particular option is $1.00-$1.20 with
quotes on both sides for 100 contracts each. The C2 BBO is $0.95-$1.25.
The minimum increment in the class is $0.01. An Initiating Participant
submits an Agency Order to buy 500 contracts against a solicited order
to sell 500 contracts into SAM priced at $1.21. An RFR is transmitted
to Participants that have elected to receive auction messages without
any response. In this case, under current Rule 6.52(b)(2)(A), the
Agency Order would be executable against the solicited order because
the execution price of $1.21 improves the C2 best offer price of $1.25.
Such execution, however, would be in violation of the Exchange's order
protection rules because the Agency Order would have been executed
outside of the NBBO of $1.00-$1.20. The Exchange proposes to remedy
this inconsistency in the Rules by changing references to the BBO to
NBBO and defining the term ``initial auction NBBO'' to mean priced at
or within the NBBO as of the time of the initiation of the Auction
(i.e., the time that the Agency Order is received in the System). Under
the Exchange's proposal, the Agency Order would be rejected by the
System and cancelled by the Exchange because, at the time when the
Agency Order to buy 500 contracts priced at $1.21 was received in the
System, the solicited order would have been outside of the NBBO of
$1.00-$1.20.
    The Exchange's proposal would not, however, change the priority of
public customer orders resting in the book. Assume again that the NBBO
for a particular option is $1.00-$1.20 with quotes on both sides for
100 contracts each. Assume this time, however, that there is also a
public customer order to sell 50 contracts resting in the book at
$1.20. The C2 BBO is $0.95-$1.20. An Initiating Participant submits an
Agency Order to buy 500 contracts against a solicited order to sell 500
contracts into SAM priced at $1.20. An RFR is transmitted to
Participants that have elected to receive auction messages with a
single response to sell 150 contracts also at $1.20. In this case,
under both current Rule 6.52(b)(2)(A) and the Exchange's proposed rule
change, both the Agency Order and solicited order would be cancelled
because there is a public customer order resting in the book on the
opposite side of the Agency Order at the proposed price without
sufficient size (considering all resting orders (i.e. 50), electronic
quotes (i.e. 100), and responses (i.e. 150) (50 + 100 + 150 =
300)).\15\
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    \15\ See Rule 6.52(b)(2)(A). Note, however, that in this
example, under both the current and proposed rules, had the resting
order in the book to sell 50 contracts at $1.20 been a Market-Maker
quote or order rather than a public customer order, the Agency Order
to buy 500 contracts would trade against the solicited order at
$1.20 because there would not have been a public customer order in
the book on the opposite side of the Agency Order and there would
have been insufficient size to execute the Agency Order at a price
equal to, or better than, the initial auction NBBO. See Rules
6.52(b)(2)(A)(ii)-(iii).
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    The Exchange also proposes to amend Rules 6.52(b)(1)(B) to further
make clear that upon receiving a properly designated Agency Order for
SAM Auction processing, the Exchange's RFR message would indicate the
price, side, and size of the Agency Order that the Initiating
Participant is seeking to cross. Rule 6.52(b)(1)(B) currently provides
that the Exchange will send an RFR message to all Participants that
have elected to receive such messages, indicating the price and size of
the Agency Order that the Initiating Participant is seeking to cross,
but does not currently specify that the RFR will also indicate the side
(i.e. buy v. sell) of the Agency Order that the Initiating Participant
is seeking to cross.\16\ In order to add additional clarity to the
Rules and in an effort to minimize confusion among market participants,
the Exchange proposes to add the ``side'' indication requirement to the
SAM auction rules. The Exchange believes that the proposed changes will
provide additional clarity regarding the Exchange's SAM auction
processes and reduce the potential for confusion in the Rules.
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    \16\ The Exchange's other auction rules require the side of the
Agency Order to be indicated in the RFR. See, e.g., Rule
6.51(b)(1)(B), Automated Improvement Mechanism, which provides that
the Initiating Participant must expressly disclose the side of the
Agency Order that it seeks to cross. (``When the Exchange receives a
properly designated Agency Order for Auction processing, a Request
for Responses (``RFR'') detailing the side and size of the order
will be sent to all Participants that have elected to receive
RFRs.'' Emphasis added.)

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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of section 6(b) of the
Act.\17\ Specifically, the Exchange believes the proposed rule change
is consistent with the section 6(b)(5) \18\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the section 6(b)(5) \19\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.
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    In particular, the Exchange believes that the proposed changes
would ensure further consistency within the Exchange's Rules. The
Exchange also believes that the proposed rule changes would further the
objectives of the Act to protect investors by promoting the intermarket
price protection goals of the Exchange's order protection rules and the
Options Order Protection and Locked/Crossed Market Plan.\20\ The
Exchange believes its proposal would help ensure intermarket
competition across all exchanges, aid in preventing intermarket trade-
throughs, and facilitate compliance with best execution practices. The
Exchange believes that these objectives are consistent with the Act and
the rules and regulations thereunder applicable to the Exchange and, in
particular, the requirements of section 11A of the Act. In addition,
the Exchange believes that the proposed rule changes will clarify the
manner in which orders are submitted into the SAM auction process and
reduce the potential for confusion in the Rules. The Exchange believes
that providing additional clarity to its Rules furthers the goal of
promoting transparency in markets, which is in the best interests of
market participants and the general public and consistent with the Act.
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    \20\ See generally File No. 4-546: Proposed Options Order
Protection and Locked/Crossed Market Plan by BSE, CBOE, ISE, Nasdaq,
NYSE Arca, NYSEALTR, and Phlx; File No. 4-546: Amendment No. 1 to
Proposed Options Order Protection and Locked/Crossed Market Plan by
CBOE (Nov. 21, 2008); see also Securities and Exchange Act Release
No. 34-43086 (July 28, 2000), 65 FR 48023 (August 4, 2000) (Order
Approving Options Intermarket Linkage Plan) (File No. 4-429).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Rather, the Exchange
believes that the proposed rule would bolster intermarket competition
by promoting fair competition among individual markets, while at the
same time assuring that market participants receive the benefits of
markets that are linked together, through facilities and rules, in a
unified system, which promotes interaction among the orders of buyers
and sellers. The Exchange believes its proposal would help ensure
intermarket competition across all exchanges, aid in preventing
intermarket trade-throughs, and facilitate compliance with best
execution practices. In addition, the Exchange believes that the
proposed rule change would help promote fair and orderly markets by
helping to ensure compliance with the order protection rules. Thus, the
Exchange does not believe the proposal creates any significant impact
on competition.

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

    The Exchange neither solicited nor received written comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    (i) significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to section 19(b)(3)(A) of the Act \21\ and
Rule 19b-4(f)(6) \22\ thereunder.
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such short time as designated by the Commission. The
Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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-C2-2015-014 on the subject line.

Paper comments

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

All submissions should refer to File Number SR-C2-2015-014. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from

submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-C2-
2015-014 and should be submitted on or before July 1, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14133 Filed 6-9-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Notices]
[Pages 9620-9623]
[FR Doc No: 2011-3690]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63906; File No. SR-NASDAQ-2011-024]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Establish and Adopt Fees for the New Short Sale Monitor Service and
Nasdaq Data Add-On

February 14, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 4, 2011, The NASDAQ Stock Market LLC (``NASDAQ''), filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by NASDAQ. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ proposes to adopt a fee for the Short Sale Monitor and the
Nasdaq Data Add-On, a new service and related add-on data that assist
subscribers in complying with new requirements arising from recent
amendments to Regulation SHO. NASDAQ will implement the service as soon
as practicable following the effective date of the filing.

    The text of the proposed rule change is below. Proposed new
language is italicized.
* * * * *

7055. Short Sale Monitor

    (a) The Short Sale Monitor is a real-time surveillance and alert
tool that assists member firms with monitoring and post trade analysis
of their short sale and short sale exempt trades reported to the FINRA/
NASDAQ Trade Reporting Facility (TRF), which includes real-time alerts
of covered securities subject to the restrictions of SEC Rule 201,
reports of a member firm's trades marked as ``short'' that are subject
to the restrictions of SEC Rule 201, and reports of a member firm's
trades marked as ``short exempt.''
    The Short Sale Monitor is available to each member firm at no cost
for a trial period ending March 31, 2011, and for a fee of $750 per
MPID, per month thereafter.
    (b) The Nasdaq Data Add-On service provides an MPID subscribed to
the Short Sale Monitor subscription with a record of trades in covered
securities executed on Nasdaq that are marked ``short exempt.'' The
Nasdaq Data Add-On service is available at no cost for a trial period
ending March 31, 2011, and for a fee of $150 per MPID, per month. An
MPID subscribed to the Short Sale Monitor of NASDAQ OMX BX or NASDAQ
OMX PSX need not subscribe additionally to the NASDAQ Short Sale
Monitor to subscribe to the Nasdaq Data Add-On service.
* * * * *

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

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

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

1. Purpose
    NASDAQ is proposing to adopt Rule 7055(a), establishing the Short
Sale Monitor offered to subscribing member firms at no cost through
March 31, 2011 and for a fee of $750 per market participant identifier
(``MPID''), per month thereafter. The Short Sale Monitor is a new
service that provides subscribers with real-time surveillance of trades
reported to the FINRA/Nasdaq Trade Reporting Facility (``FINRA/NASDAQ
TRF'') \3\ marked as ``short'' and ``short exempt'' to assist them in
monitoring their compliance with amendments to Regulation SHO under the
Act.\4\ The Commission recently amended Regulation SHO to adopt a new
short sale-related circuit breaker combined with an alternative uptick
rule under Rule 201.\5\ The new rule imposes a restriction on the price
at which a security may be sold short if the circuit breaker is
triggered. Specifically, the new rule requires trading centers,\6\
which include self-regulatory organizations (``SROs''), to establish,
maintain and enforce written policies and procedures reasonably
designed to prevent the execution or display of short sale orders in a
covered security \7\ at a price that is less than or equal to the
current national best bid \8\ if the price of that covered security
decreases by 10% or more from its closing price as determined by the
listing market \9\ as of the end of regular trading hours on the prior
day.\10\ In addition, the rule requires that the trading center
establish, maintain, and enforce written policies and procedures
reasonably designed to impose this short sale price test restriction
for the remainder of the day and the following day when a national best
bid for the covered security is calculated and disseminated on a
current and continuing basis by a plan processor pursuant to an
effective national market system plan.\11\ Trading centers are required
to regularly surveil to ascertain the effectiveness of these policies
and procedures. Rule 201 generally permits short selling at a price
above the current national best bid during the time a short sale price
test restriction is in effect for a covered security.
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    \3\ The FINRA/NASDAQ TRF is a facility of FINRA operated by The
NASDAQ OMX Group, Inc.
    \4\ Securities Exchange Act Release No. 61595 (February 26,
2010), 75 FR 11232 (March 10, 2010) (amending Rule 201 and Rule
200(g) of Regulation SHO). The amendments to Rules 201 and 200(g) of
Regulation SHO have a compliance date of February 28, 2011. See
Securities Exchange Act Release No. 63247 (November 4, 2010), 75 FR
68702 (November 9, 2010) (extending the compliance date of the
amendments to Rules 201 and 200(g) of Regulation SHO from November
10, 2010 until February 28, 2011).
    \5\ 17 CFR 242.201.
    \6\ Rule 201(a)(9) defines the term ``trading center'' as having
the same meaning as in Rule 600(b)(78) of Regulation NMS. Rule
600(b)(78) defines a ``trading center'' as ``a national securities
exchange or national securities association that operates an SRO
trading facility, an alternative trading system, an exchange market
maker, an OTC market maker, or any other broker or dealer that
executes orders internally by trading as principal or crossing
orders as agent.'' 17 CFR 242.600(b)(78).
    \7\ Rule 201(a)(1) defines the term ``covered security'' for
purposes of Rule 201. See 17 CFR 242.201(a)(1). Rule 201(a)(1)
defines ``covered security'' to mean any ``NMS stock'' as defined
under Rule 600(b)(47) of Regulation NMS. Rule 600(b)(47) of
Regulation NMS defines an ``NMS stock'' as ``any NMS security other
than an option.'' 17 CFR 242.600(b)(47). Rule 600(b)(46) of
Regulation NMS defines an ``NMS security'' as ``any security or
class of securities for which transaction reports are collected,
processed, and made available pursuant to an effective transaction
reporting plan, or an effective national market system plan for
reporting transactions in listed options.'' 17 CFR 242.600(b)(46).
    \8\ Rule 201(a)(4) defines the term ``national best bid'' for
purposes of Rule 201. See 17 CFR 242.201(a)(4).
    \9\ Rule 201(a)(3) defines the term ``listing market'' for
purposes of Rule 201. See 17 CFR 242.201(a)(3).
    \10\ 17 CFR 242.201(b)(1)(i).
    \11\ 17 CFR 242.201(b)(1)(ii). Further, if the price of a
covered security declines intra-day by at least 10% on a day on
which the security is already subject to the short sale price test
restriction of Rule 201, the restriction will be re-triggered and,
therefore, will continue in effect for the remainder of that day and
the following day. Rule 201 does not place any limit on the
frequency or number of times the circuit breaker can be re-triggered
with respect to a particular stock. See Division of Trading and
Markets: Responses to Frequently Asked Questions Concerning Rule 201
of Regulation SHO, Q&A No. 2.2 (http://sec.gov/divisions/marketreg/rule201faq.htm).
---------------------------------------------------------------------------

    The Commission also amended Regulation SHO to provide that a
broker-dealer may mark certain qualifying sell orders ``short exempt.''
\12\ If a broker-dealer marks an order ``short exempt,'' it is not
subject to the short sale price test restrictions of Rule 201 and can
be executed by a trading center without regard to its price.\13\
Paragraphs (c) and (d) of Rule 201 specify the circumstances under
which a broker-dealer may mark certain sale orders as ``short exempt.''
\14\ If a broker-dealer chooses to rely on its own determination that
it is submitting a short sale order to the trading center at a price
that is above the current national best bid at the time of submission
under Rule 201(c) or to rely on an exception specified in Rule 201(d),
it may mark the order ``short exempt.'' The Commission noted in
adopting the ``short exempt'' marking requirement that it will both
provide a record of

broker-dealers availing themselves of the provisions of paragraphs (c)
or (d) to the rule and aid surveillance by SROs and the Commission for
compliance with the provisions of Rule 201.\15\
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    \12\ Formerly, Rule 200(g) of Regulation SHO provided that a
broker-dealer must mark all sell orders of any security as ``long''
or ``short.'' As amended, Rule 200(g) now provides a ``short
exempt'' marking requirement. 17 CFR 242.200(g). Rule 200(g)(2)
provides that a sale order may only be marked ``short exempt'' if
the provisions of Rule 201(c) or Rule 201(d) are met. 17 CFR
242.200(g)(2). See supra note 4. See also Division of Trading and
Markets: Responses to Frequently Asked Questions Concerning Rule 201
of Regulation SHO, Q&A Nos. 5.4 and 8.1.
    \13\ 17 CFR 242.201(b)(1)(iii)(B).
    \14\ 17 CFR 242.201(c); 17 CFR 242.201(d).
    \15\ See supra note 4, 75 FR at 11275-76.
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    The Short Sale Monitor provides subscribing member firms with a
tool to aid them in monitoring their trades reported into the FINRA/
NASDAQ TRF for compliance with the requirements of the amended
rules.\16\ Accessed through either a NASDAQ Workstation or Weblink ACT
2.0 terminal, the Short Sale Monitor provides subscribers with
notifications of their reported trades marked ``short'' and ``short
exempt'' for covered securities subject to the short sale price test
restrictions of Rule 201. Specifically, the Short Sale Monitor will
provide subscribers notice of covered securities subject to the
restrictions of Rule 201, and provide access to historical lists of
such covered securities. In addition, the Short Sale Monitor will
provide notice of trades in covered securities that are: (i) Subject to
the short sale price test restriction, and marked ``short,'' (ii)
subject to the short sale price test restriction, and marked ``short
exempt,'' (iii) subject to the short sale price test restriction, and
sold above the current national best bid at the time of trade execution
time, and (iv) not subject to the short sale price test restriction,
but marked ``short exempt.'' \17\ The Short Sale Monitor will provide
this information to a subscribing firm both as real-time alerts and
through a historical database of the firm's trades that prompted the
alerts, which will assist the firm in meeting its obligation to
ascertain the effectiveness of its policies and procedures.\18\ As
such, member firms will have a useful compliance tool with which they
can monitor, post-trade, their compliance with the amendments to
Regulation SHO under the Act.\19\ In this regard, the Short Sale
Monitor is similar to NASDAQ's InterACT service in that it provides
member firms with post-trade analysis of their trades for compliance
with regulatory obligations.\20\ Lastly, NASDAQ will supplement and
enhance the Short Sale Monitor as needed to address any amendments to
Regulation SHO or other related rules, and from time to time will make
changes to enhance the service.
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    \16\ FINRA recently amended its rules to conform them to the
requirements of the changes made by the Commission to Regulation
SHO, including amending its trade reporting rules applicable to
over-the-counter trades in NMS stocks to reintroduce the short sale
exempt category. See Securities Exchange Act Release No. 63032
(December 4, 2010), 75 FR 62439 (December 8, 2010) (SR-FINRA-2010-
043).
    \17\ See also Division of Trading and Markets: Responses to
Frequently Asked Questions Concerning Rule 201 of Regulation SHO,
Q&A Nos. 5.4 and 5.5.
    \18\ The Commission notes that broker-dealers subscribing to the
Short Sale Monitor and Data Add-On service remain responsible for
compliance with Rule 201 of Regulation SHO.
    \19\ Supra note 4.
    \20\ See NASDAQ Rule 7049 (explaining the InterACT service).
---------------------------------------------------------------------------

    NASDAQ is also proposing to adopt Rule 7055(b) to establish the
Nasdaq Data Add-On service as an additional service to an existing
Short Sale Monitor subscription, which will provide subscribers with
access to records of their trades in covered securities subject to the
short sale price restrictions of Rule 201 executed on NASDAQ and marked
``short exempt.'' The proposed add-on service will be offered at no
cost through March 31, 2011, and for an additional fee of $150 per
MPID, per month thereafter. As noted above, to be eligible for the
Nasdaq Data Add-On service a member's MPID must first be subscribed to
the Short Sale Monitor.
    Last, NASDAQ is proposing to waive the Short Sale Monitor fee of
Rule 7055(a) for members seeking to subscribe to the Nasdaq Data Add-On
service if the MPID is currently subscribed to either the NASDAQ OMX BX
or NASDAQ OMX PSX (``PSX'') \21\ Short Sale Monitor. NASDAQ OMX BX and
NASDAQ OMX PHLX, as the SRO that operates PSX, will offer \22\ the
Short Sale Monitor to their members for a price identical to that of
NASDAQ's at $750 per MPID, per month. NASDAQ notes that the Short Sale
Monitor of each of the three exchanges offers the identical service and
access to data. As such, NASDAQ does not believe that it is appropriate
to charge members of NASDAQ an additional fee of $750 per MPID, per
month if the member currently subscribes to the Short Sale Monitor
offered by another NASDAQ OMX exchange.\23\ Accordingly, NASDAQ
believes that a member should only pay for the market-specific data if
it has a pre-existing subscription to the Short Sale Monitor,
irrespective of the NASDAQ OMX exchange through which it subscribes.
---------------------------------------------------------------------------

    \21\ NASDAQ OMX PSX is the equity trading facility of the NASDAQ
OMX PHLX exchange.
    \22\ NASDAQ OMX BX and NASDAQ OMX PHLX have filed related rule
changes with the Commission concurrent with NASDAQ's filing. See SR-
BX-2011-008 and SR-Phlx-2011-17.
    \23\ Rule changes proposed by both NASDAQ OMX BX and NASDAQ OMX
PHLX provide an identical waiver of the Short Sale Monitor fee.
---------------------------------------------------------------------------

2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
Section 6(b) of the Act in general,\24\ and Section 6(b)(4) of the Act
\25\ specifically, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system which the NASDAQ operates or
controls, and it does not unfairly discriminate between customers,
issuers, brokers or dealers. NASDAQ believes that offering the Short
Sale Monitor at no cost on a trial basis, and for a fee of $750 per
MPID, per month thereafter, and the Nasdaq Data Add-On at no cost on a
trial basis, and for a fee of $150 per MPID, per month thereafter is
fair and provides an equitable allocation of fees in that subscription
is voluntary and it will apply uniformly to all members that use the
FINRA/NASDAQ TRF or execute on NASDAQ, as applicable, and elect to
subscribe to one or both of the services. Further, NASDAQ believes
that, as discussed above, waiving the Short Sale Monitor fee for a
member seeking a subscription to the Nasdaq Data Add-On is appropriate
in cases where the member has subscribed the MPID to the Short Sale
Monitor of NASDAQ OMX BX or PSX. As noted, the Short Sale Monitors of
the NASDAQ OMX exchanges provide identical services and are offered at
an identical fee. As such, NASDAQ does not believe requiring a firm to
subscribe to a redundant service solely to access NASDAQ-specific data
is an equitable allocation of fees. NASDAQ notes that subscribing
members may cancel their subscription(s) at any time prior to the
expiration of the trial period at no cost. The proposed fee will apply
to all members equally based on the number of MPIDs subscribed. The
proposed fee will cover the costs associated with separately offering
the service, responding to customer requests, configuring NASDAQ's
systems, programming to user specifications, and administering the
service, among other things, and may provide NASDAQ with a profit to
the extent costs are covered.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    NASDAQ also believes that the proposed rule change is consistent
with the provisions of Section 6(b)(5) of the Act \26\ because it is
designed to, among other things, prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and to foster cooperation and coordination with persons engaged in
facilitating transactions in securities. The Short Sale Monitor will
assist subscribing member firms in monitoring their compliance with the
amendments

to Regulation SHO under the Act \27\ with respect to trades reported to
the FINRA/NASDAQ TRF. NASDAQ notes that the Short Sale Monitor is
similar to NASDAQ's InterACT service,\28\ which allows member firms to
supervise trade activity required to be reported to the FINRA/NASDAQ
TRF, and provides member firms with real time totals of open trades
awaiting review and acceptance within the twenty minute period required
by FINRA Rule 7230A(b). As noted above, the Short Sale Monitor is
similar to this service in that it provides member firms with post-
trade analysis of their trades for compliance with regulatory
obligations. In the case of the Short Sale Monitor and Nasdaq Data Add-
On, such analysis include trades reported to the FINRA/NASDAQ TRF and
trades executed on NASDAQ marked ``short exempt'' in covered
securities.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b)(5).
    \27\ Supra note 4.
    \28\ Supra note 20.
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \29\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\30\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \30\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2011-024 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-NASDAQ-2011-024. This
file number should be included on the subject line if e-mail is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2011-024, and should be submitted on or before
March 11, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3690 Filed 2-17-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Page 8842]
[FR Doc No: 2023-02888]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1048-000]

Lockhart ESS, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Lockhart ESS, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 27, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: February 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-02888 Filed 2-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Pages 13643-13644]
[FR Doc No: 2017-04987]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-1078]

Prince William Sound Regional Citizens' Advisory Council
(PWSRCAC) Recertification

AGENCY: Coast Guard, DHS.

ACTION: Notice of recertification.

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

SUMMARY: This notice informs the public that the Coast Guard has
recertified the Prince William Sound Regional Citizens' Advisory
Council (PWSRCAC) as an alternative voluntary advisory group for Prince
William Sound, Alaska. This certification allows the PWSRCAC

to monitor the activities of terminal facilities and crude oil tankers
under the Prince William Sound Program established by statute.

DATES: This recertification is effective for the period from March 1,
2017 through February 28, 2018.

FOR FURTHER INFORMATION CONTACT:  LT P. Grizzle, Seventeenth Coast
Guard District (dpi), by phone at<PHONE_NUMBER>, email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background and Purpose

    As part of the Oil Pollution Act of 1990, Congress passed the Oil
Terminal and Oil Tanker Environmental Oversight and Monitoring Act of
1990 (the Act), 33 U.S.C. 2732, to foster a long-term partnership among
industry, government, and local communities in overseeing compliance
with environmental concerns in the operation of crude oil terminals and
oil tankers.
    On October 18, 1991, the President delegated his authority under 33
U.S.C. 2732(o) to the Secretary of Transportation in Executive Order
12777, section 8(g) (see 56 FR 54757; October 22, 1991) for purposes of
certifying advisory councils, or groups, subject to the Act. On March
3, 1992, the Secretary redelegated that authority to the Commandant of
the USCG (see 57 FR 8582; March 11, 1992). The Commandant redelegated
that authority to the Chief, Office of Marine Safety, Security and
Environmental Protection (G-M) on March 19, 1992 (letter #5402).
    On July 7, 1993, the USCG published a policy statement, 58 FR
36504, to clarify the factors that shall be considered in making the
determination as to whether advisory councils, or groups, should be
certified in accordance with the Act.
    The Assistant Commandant for Marine Safety and Environmental
Protection (G-M), redelegated recertification authority for advisory
councils, or groups, to the Commander, Seventeenth Coast Guard District
on February 26, 1999 (letter #16450).
    On September 16, 2002, the USCG published a policy statement, 67 FR
58440, which changed the recertification procedures such that
applicants are required to provide the USCG with comprehensive
information every three years (triennially). For each of the two years
between the triennial application procedures, applicants submit a
letter requesting recertification that includes a description of any
substantive changes to the information provided at the previous
triennial recertification. Further, public comment is not solicited
prior to recertification during streamlined years, only during the
triennial comprehensive review.
    The Alyeska Pipeline Service Company provides financial support to
the PWSRCAC annually in the form of a long term contract. In return for
this funding, the PWSRCAC must annually show that it ``fosters the
goals and purposes'' of OPA 90 and is ``broadly representative of the
communities and interests in the vicinity of the terminal facilities
and Prince William Sound.'' The PWSRCAC is an independent, nonprofit
organization founded in 1989. Though it receives Federal oversight like
many independent, non-profit organizations, it is not a Federal agency.
The PWSRCAC is a local organization that predates the passage of OPA
90. The existence of the PWSRCAC was specifically recognized in OPA 90
where it is defined as an ``alternate voluntary advisory group.''
    Alyeska funds the PWSRCAC, and the Coast Guard makes sure the
PWSRCRC operates in a fashion that is broadly consistent with OPA 90.

Discussion of Comments

    On February 2, 2017 the USCG published a Federal Register Notice;
request for comments for recertification of Prince William Sound
Regional Citizens' Advisory Council in the Federal Register (82 FR
9214). We received 63 letters commenting on the proposed action. No
public meeting was requested. Of the 63 letters received, 62 had
positive comments. One comment was received recommending against the
recertification of the PWSRCAC, as appropriate regulations are already
in place since OPA 90's conception. Of the positive comments, these
letters consistently cited PWSRCAC's broad representation of the
respective community's interest, appropriate actions to keep the public
informed, improvements to both spill response preparation and spill
prevention, and oil spill industry monitoring efforts that combat
complacency--as intended by the Act.

Recertification

    By letter dated February 27, 2017, the Commander, Seventeenth Coast
Guard certified that the PWSRCAC qualifies as an alternative voluntary
advisory group under 33 U.S.C. 2732(o). This recertification terminates
on February 28, 2018.

    Dated: February 27, 2017.
M.F. McAllister,
Rear Admiral, U.S. Coast Guard Commander, Seventeenth Coast Guard
District.
[FR Doc. 2017-04987 Filed 3-13-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Notices]
[Page 7504]
[FR Doc No: 2015-02616]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Form 10-Q; SEC File No. 270-051, OMB Control No. 3235-0064.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for approval of extensions on the following:
    Form 10-Q (17 CFR 249.308a) is filed by issuers of securities to
satisfy their quarterly reporting obligations pursuant to Sections 13
or 15(d) of the Exchange Act (``Exchange Act'') (15 U.S.C. 78m or
78o(d)). The information provided by Form 10-Q is intended to ensure
the adequacy of information available to investors about an issuer.
Form 10-Q takes approximately 187.43 hours per response to prepare and
is filed by approximately 22,907 respondents. We estimated that 75% of
the approximately 187.43 hours per response (140.57 hours) is prepared
by the company for an annual reporting burden of 3,220,037 hours
(140.57 hours per response x 22,907 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comments to Pamela Dyson, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send
an email to<EMAIL_ADDRESS>
    Dated: February 4, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-02616 Filed 2-9-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52138-52139]
[FR Doc No: 2019-21231]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0022]

Bay Area Compliance Laboratories Corp.: Grant of Expansion of
Recognition

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

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for Bay Area Compliance Laboratories Corp. as
a Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
October 1, 2019.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-2110; email<EMAIL_ADDRESS>OSHA's website includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of Bay Area Compliance Laboratories Corp. (BACL) as a NRTL.
BACL's expansion covers the addition of two recognized testing
standards to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification.
    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding and, in the second
notice, the agency provides the final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details the scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    BACL submitted an application, dated December 4, 2017 (OSHA-2016-
0022-0006), to expand its scope of recognition to include two
additional test standards. OSHA performed a detailed analysis of the
application packet and reviewed other pertinent information. OSHA did
not perform any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing BACL's expansion
application in the Federal Register on May 15, 2019 (84 FR 21834). The
agency requested comments by May 30, 2019, and the agency received one
comment (OSHA-2016-0022-0007) about the application. The comment did
not require a response from the agency. OSHA now is proceeding with
this final notice to grant expansion of BACL's scope of recognition.
    To obtain or review copies of all public documents pertaining to
BACL's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW, Room N-3655, Washington, DC
20210; telephone:<PHONE_NUMBER>. Docket No. OSHA-2016-0022 contains
all materials in the record concerning BACL's recognition.

II. Final Decision and Order

    OSHA staff examined BACL's expansion application and examined other
pertinent information. Based on a review of this evidence, OSHA finds
that BACL meets the requirements of 29 CFR 1910.7 for expansion of
recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant
expansion of BACL's scope of recognition. OSHA limits the expansion of
BACL's scope of recognition to testing and certification of products
for demonstration of conformance to the test standards listed in Table
1.

Table 1--List of Appropriate Test Standards for Inclusion in BACL's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-1...................  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use: Part 1--General
                                Requirements.
UL 62368-1...................  Audio/Video, Information and
                                Communication Technology Equipment: Part
                                1--Safety Requirement.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3,
Appendix C, paragraph XIV), any NRTL recognized for a particular test
standard may use either the proprietary version of the test standard or
the ANSI version of that standard. Contact ANSI to determine whether a
test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
BACL must abide by the following conditions of the recognition:
    1. BACL must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. BACL must meet all the terms of the recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. BACL must continue to meet the requirements for recognition,
including all previously published conditions on BACL's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of BACL, subject to the limitation and conditions
specified above.

III. Authority and Signature

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

    Signed at Washington, DC, on September 25, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-21231 Filed 9-30-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Notices]
[Page 53925-53926]
[DOCID:fr17se08-158]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Ninth Joint Meeting, RTCA Special Committee 205IEUROCAE Working
Group 71: Software Considerations in Aeronautical Systems Fourth Joint
Plenary Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 205/EUROCAE Working Group 71
meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 205IEUROCAE Working Group 71:
Software Considerations in Aeronautical Systems.

DATES: The meeting will be held November 17-21, 2008, from 8:30 a.m.-
5:30 p.m.

ADDRESSES: The meeting will be held at Phoenix Sky Harbor Airport, 4300
East Washington, Phoenix, Arizona 85034.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1828 L Street,
NW., Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org; (2) Hotel Front Desk:
(602) 273-7778; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 205/EUROCAE Working Group 71
meeting. The agenda will include:

November 17:

     Opening Plenary Session (Welcome and Introductory Remarks,
Review of Meeting Agenda and Previous Minutes).
     Reports of Sub-Group Activity Since January 2008.
     Other Committee/Other Documents Interfacing Personnel
Reports (CAST, Unmanned Aircraft Systems, Security, WG-63/SAE S-18).
     Plenary Text Acceptance (for papers posted, commented on
and reworked prior to Plenary).
     Sub-Group Break Out Sessions.
     Executive Committee and SG Chairs/Secretaries Meeting.

November 18:

     Sub-Group Break Out Sessions.
     Mandatory Paper Reading Sessions.
     Executive Committee and SG Chairs/Secretaries Meeting.

November 19:

     IP Comment Reply & Sub-Group Break Out Sessions.
     Plenary Text Acceptance (for papers posted, commented on
and reworked prior to Plenary).

     Sub-Group Break Out Sessions.
     CAST Meeting (Close of Day).
     Executive Committee and SC Chairs/Secretaries Meeting.

November 20:

     Sub-Group Break Out Sessions.
     Mandatory Paper Reading Session.
     Executive Committee and SC Chairs/Secretaries Meeting.

November 21:

     IP Comment Reply & Sub-Group Break Out Sessions.
    Plenary Text Approval (reworked and late posted papers).
     SGI: SCWG Document Integration Sub-Group.
     SG2: Issue & Rationale Sub-Group.
     SG3: Tool Qualification Sub-Group.
     SG4: Model Based Design and Verification Sub-Group.
     SG5: Object Oriented Technology Sub-Group.
     SG6: Formal Methods Sub-Group.
     SG7: Special Considerations Sub-Group.
    Closing Plenary Session (Other Business, Date and Place of Next
Meeting, Meeting Evaluation, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting, persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on September 9, 2008.
Robert L. Bostiga,
RTCA Advisory Committee (Acting).
[FR Doc. E8-21510 Filed 9-16-08; 8:45 am]

BILLING CODE 4910-13-M


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2006 0367; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOx RACT Determinations for Twelve Individual Sources AGENCY: Environmental Protection Agency ( EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions to the Commonwealth of Pennsylvania= s State Implementation Plan ( SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection ( PADEP) to establish and require reasonably available control technology ( RACT) for twelve major sources of volatile organic compounds ( VOC) and nitrogen oxides ( NOx). These sources are located in Pennsylvania. EPA is approving these revisions to establish RACT requirements in the SIP in accordance with the Clean Air Act ( CAA).

DATES: This rule is effective on [ Insert date 45 days after publication in the Federal Register]

without further notice, unless EPA receives adverse written comment by [ Insert date 30 days after publication in the Federal Register]. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA R03 OAR 2006

0367 by one of the following methods: 2 A. www. regulations. gov. Follow the on line instructions for submitting comments.

B. E mail: morris. makeba@ epa. gov.

C. Mail: EPA R03 OAR 2006 0367, Makeba Morris, Chief, Air Quality Planning Branch,

Mailcode 3AP21, U. S. Environmental Protection Agency, Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

D. Hand Delivery: At the previously listed EPA Region III address. Such deliveries are only accepted during the Docket= s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA R03 OAR 2006 0367. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www. regulations. gov, including any personal information provided,

unless the comment includes information claimed to be Confidential Business Information ( CBI)

or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www. regulations. gov or e mail. The www. regulations. gov website is an Aanonymous access@ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through www. regulations. gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to 3 technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption,

and be free of any defects or viruses.

Docket: All documents in the electronic docket are listed in the www. regulations. gov index.

Although listed in the index, some information is not publicly available, i. e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form.

Publicly available docket materials are available either electronically in www. regulations. gov or in hard copy during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection,

Bureau of Air Quality, P. O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, ( 215) 814 2182, or by e mail at quinto. rose@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background Pursuant to sections 182( b)( 2) and 182( f) of the CAA, the Commonwealth of Pennsylvania ( the Commonwealth or Pennsylvania) is required to establish and implement RACT for all major VOC and NOx sources. The major source size is determined by its location, the classification of that 4 area and whether it is located in the ozone transport region ( OTR). Under section 184 of the CAA, RACT as specified in sections 182( b)( 2) and 182( f) applies throughout the OTR. The entire Commonwealth is located within the OTR. Therefore, RACT is applicable statewide in Pennsylvania.

State implementation plan revisions imposing RACT for three classes of VOC sources are required under section 182( b)( 2). The categories are:

( 1) All sources covered by a Control Technique Guideline ( CTG) document issued between November 15, 1990 and the date of attainment;

( 2) All sources covered by a CTG issued prior to November 15, 1990; and ( 3) All major non CTG sources.

The Pennsylvania SIP already has approved RACT regulations and requirements for all sources and source categories covered by the CTGs. The Pennsylvania SIP also has approved regulations to require major sources of NOx and additional major sources of VOC emissions ( not covered by a CTG) to implement RACT. These regulations are commonly termed the Ageneric RACT <EMAIL_ADDRESS>A generic RACT regulation is one that does not, itself, specifically define RACT for a source or source categories but instead establishes procedures for imposing case by case RACT determinations. The Commonwealth= s SIP approved generic RACT regulations consist of the procedures PADEP uses to establish and impose RACT for subject sources of VOC and NOx.

Pursuant to the SIP approved generic RACT rules, PADEP imposes RACT on each subject source in an enforceable document, usually a Plan Approval ( PA) or Operating Permit ( OP). The 5 Commonwealth then submits these PAs and OPs to EPA for approval as source specific SIP revisions. EPA reviews these SIP revisions to ensure that the PADEP has determined and imposed RACT in accordance with the provisions of the SIP approved generic RACT rules.

It must be noted that the Commonwealth has adopted and is implementing additional Apost RACT requirements@ to reduce seasonal NOx emissions in the form of a NOx cap and trade regulation,

25 Pa Code Chapters 121 and 123, based upon a model rule developed by the States in the OTR.

That regulation was approved as SIP revision on June 6, 2000 ( 65 FR 35842). Pennsylvania has also adopted 25 Pa Code Chapter 145 to satisfy Phase I of the NOx SIP call. That regulation was approved as a SIP revision on August 21, 2001 ( 66 FR 43795). Federal approval of a source specific RACT determination for a major source of NOx in no way relieves that source from any applicable requirements found in 25 PA Code Chapters 121, 123 and 145.

On August 1, 1995, September 20, 1995, December 8, 1995, January 10, 1996, October 18,

1996, January 21, 1997, December 7, 1998, and November 21, 2005, PADEP submitted revisions to the Pennsylvania SIP which establish and impose RACT for twelve sources of VOC and/ or NOx. The Commonwealth= s submittals consist of PAs and OPs which impose VOC and/ or NOx RACT requirements for each source.

II. Summary of the SIP Revisions Copies of Pennsylvania= s entire SIP submittal, including the actual PAs and OPs imposing RACT,

PADEP= s evaluation memoranda and the sources= RACT proposal are included in the electronic 6 and hard copy docket for this final rule. As previously stated, all documents in the electronic docket are listed in the www. regulations. gov index. Publicly available docket materials are available either electronically at www. regulations. gov or in hard copy during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P. O. Box 8468,

400 Market Street, Harrisburg, Pennsylvania 17105.

The table below identifies the sources and the individual plan approvals ( PAs) and operating permits ( OPs) which are the subject of this rulemaking. 7 PENNSYLVANIA  VOC AND NOx RACT DETERMINATIONS FOR INDIVIDUAL SOURCES SOURCE COUNTY Plan Approval ( PA #) Operating Permit ( OP #) SOURCE TYPE A MAJOR SOURCE @

POLLUTANT American Refining Group, Inc. McKean OP 42 004 Refinery VOC & NOx Bellefonte Lime Company Centre OP 14 0002 Coal fired rotary kilns NOx Butter Krust Baking Company, Inc. Northumberland OP 49 0006 Baking process VOC Carnegie Natural Gas Company Greene 30 000 106 Natural Gas Compressor VOC & NOx Caterpillar, Inc. York 67 2017 Surface coating process VOC Gencorp, Inc. Schuykill 54 0009 Film manufacturing VOC Harris Semiconductor Luzerne OP 40 0001A Solvent clean up VOC Merisol Antioxidants LLC Venango OP 61 00011 Specialty organic chemical production VOC Norcon Power Partners, L. P. Erie OP 25 923 Cogeneration plant NOx Triangle Pacific Corporation Juniata 34 2001 Surface coating operations VOC Viking Energy Northumberland OP 49 0004 Woodwaste fired cogeneration NOx White Cap, Inc. Luzerne 40 0004 Solvent clean up VOC 8 EPA is approving these RACT SIP submittals because PADEP established and imposed these RACT requirements in accordance with the criteria set forth in its SIP approved generic RACT regulations applicable to these sources. In accordance with its SIP approved generic RACT rule,

the Commonwealth has also imposed record keeping, monitoring, and testing requirements on these sources sufficient to determine compliance with the applicable RACT determinations.

III. Final Action EPA is approving the revisions to the Pennsylvania SIP submitted by PADEP to establish and require VOC and NOx RACT for twelve major sources. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the AProposed Rules@ section of today= s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on [ Insert date 45 days from date of publication in the Federal Register] without further notice unless EPA receives adverse comment by [ Insert date 30 days from date of publication in the Federal Register]. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. 9 IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule approves pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 ( 65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999).

This action merely approves a state rule implementing a Federal standard, and does not alter the 10 relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 AProtection of Children from Environmental Health Risks and Safety Risks@ ( 62 FR 19885, April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA= s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA,

when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply.

This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.).

B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules: ( 1) rules of particular applicability; ( 2)

rules relating to agency management or personnel; and ( 3) rules of agency organization,

procedure, or practice that do not substantially affect the rights or obligations of non agency 11 parties. 5 U. S. C. 804( 3). EPA is not required to submit a rule report regarding today= s action under section 801 because this is a rule of particular applicability establishing source specific requirements for twelve named sources.

C. Petitions for Judicial Review Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ insert date 60 days from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule approving source specific RACT requirements for twelve sources in the Commonwealth of Pennsylvania does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( See section 307( b)( 2).)

List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

_________________ __________________________ Dated: June 1, 2006 Donald S. Welsh, Regional Administrator, Region III. 12 40 CFR part 52 is amended as follows:

PART 52  [ AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U. S. C. 7401 et seq.

Subpart NNB Pennsylvania 2. In Section 52.2020, the table in paragraph ( d)( 1) is amended by adding the entries for American Refining Group, Inc., Bellefonte Lime Company, Butter Krust Baking Company, Inc.,

Carnegie Natural Gas Company, Caterpillar, Inc., Gencorp, Inc., Harris Semiconductor, Merisol Antioxidants LLC, Norcon Power Partners, L. P., Triangle Pacific Corp., Viking Energy of Northumberland Limited Partnership, and White Cap, Inc., at the end of the table to read as follows:

' 52.2020 Identification of plan.

* * * * *

( d) * * *

( 1) * * *

Name of source Permit number County State effective date EPA approval date Additional explanation/

' 52.2063 citation * * * * * * *

American Refining Group, Inc. OP 42 004 McKean 11/ 23/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q) 13 Name of source Permit number County State effective date EPA approval date Additional explanation/

' 52.2063 citation Bellefonte Lime Company OP 14 0002 Centre 10/ 19/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Butter Krust Baking Company, Inc. OP 49 0006 Northumberland 11/ 5/ 96 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Carnegie Natural Gas Company 30 000 106 Greene 9/ 22/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Caterpillar, Inc. 67 2017 York 8/ 1/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Gencorp, Inc. 54 0009 Schuykill 5/ 31/ 96 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Harris Semiconductor OP 40 0001A Luzerne 4/ 16/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Merisol Antioxidants LLC OP 61 00011 Venango 4/ 18/ 05 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q) 14 Name of source Permit number County State effective date EPA approval date Additional explanation/

' 52.2063 citation Norcon Power Partners, L. P. OP 25 923 Erie 9/ 21/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Triangle Pacific Corp. 34 2001 Juniata 5/ 31/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

Viking Energy of Northumberland Limited Partnership OP 49 0004 Northumberland 5/ 30/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

White Cap, Inc. 40 0004 Luzerne 7/ 20/ 95 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( q)

* * * * *


[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Rules and Regulations]
[Pages 12114-12115]
[FR Doc No: 2018-05606]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-1105]

Special Local Regulation; Southern California Annual Marine
Events for the San Diego Captain of the Port Zone--San Diego Crew
Classic

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the San Diego Crew Classic
special local regulations on the waters of Mission Bay, California on
March 24, 2018 and March 25, 2018. These special local regulations are
necessary to provide for the safety of the participants, crew,
spectators, sponsor vessels, and general users of the waterway. During
the enforcement period, persons and vessels are prohibited from
anchoring, blocking, loitering, or impeding within this regulated area
unless authorized by the Captain of the Port, or his designated
representative.

DATES: The regulations in 33 CFR 100.1101 will be enforced from 7:00
a.m. until 7:00 p.m. on March 24, 2018, and from 7:00 a.m. until 7:00
p.m. on March 25, 2018 for Item 3 in Table 1 of Sec.  100.1101.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
publication of enforcement, call or email Lieutenant Junior Grade
Briana Biagas, Waterways Management, U.S. Coast Guard Sector San Diego,
CA; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:
    The Coast Guard will enforce the special local regulations in 33
CFR 100.1101 for the San Diego Crew Classic in Mission Bay, CA in 33
CFR 100.1101, Table 1, Item 3 of that section from 7:00

a.m. until 7:00 p.m. on March 24, 2018, and from 7:00 a.m. until 7:00
p.m. on March 25, 2018. This enforcement action is being taken to
provide for the safety of life on navigable waterways during the event.
The Coast Guard's regulation for recurring marine events in the San
Diego Captain of the Port Zone identifies the regulated entities and
area for this event. Under the provisions of 33 CFR 100.1101, persons
and vessels are prohibited from anchoring, blocking, loitering, or
impeding within this regulated area unless authorized by the Captain of
the Port, or his designated representative. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    This document is issued under authority of 5 U.S.C. 552(a) and 33
CFR 100.1101. In addition to this document in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners, Broadcast Notice to Mariners, and local advertising by the
event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.

    Dated: February 15, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2018-05606 Filed 3-19-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 51029]
[DOCID:fr29au08-141]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Markland Technologies, Inc.; Order of Suspension
of Trading

August 27, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Markland Technologies, Inc. (``Markland'') because it has not filed any
periodic reports since the period ended September 30, 2005. Markland is
quoted on the Pink Sheets OTC Markets, Inc. under the ticker symbol
MRKL.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
August 27, 2008, through 11:59 p.m. EDT on September 10, 2008.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E8-20220 Filed 8-27-08; 11:15 am]

BILLING CODE 8010-01-P