[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63926-63929]
[FR Doc No: 2018-26825]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84728; File No. SR-MRX-2018-36]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to Bid/Ask
Differentials

December 6, 2018.
    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 November 28, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been 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 MRX Rule 701, entitled ``Opening,''
MRX Rule 803, entitled ``Obligations of Market Makers'' and MRX Rule
100, entitled ``Definitions.''
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    MRX proposes several amendments in this rule change. First, the
Exchange proposes to amend MRX Rule 701, entitled ``Opening'' and MRX
Rule 803, entitled ``Obligations of Market Makers'' to correct
inconsistencies between the Exchange's rule text and the operation of
the System. Second, the Exchange proposes to add definitions to MRX
Rule 100 to define ``in-the-money'' and ``out-of-the-money'' options
series. Third, the Exchange proposes to correct various cross
references to Rule 100. Each amendment will be described in more detail
below.
Rules 701 and 803
    Today, for the Opening Process, MRX Rule 701(a)(8) defines a
``Valid Width Quote'' as a two-sided electronic quotation submitted by
a Market Maker that consists of a bid/ask differential that is
compliant with Rule 803(b)(4).\3\ Specifically, for the Opening
Process, MRX Rule 803(b)(4) states that, for in-

the-money option series, the bid/ask differential may be as wide as the
spread between the national best bid and offer in the underlying
security. In practice, however, the Exchange's System permits a Valid
Width Quote in the Opening Process to be as wide as the quotation for
the underlying security on the primary (listing) market.\4\
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    \3\ MRX Rule 803(b)(4) provides:
    ``To price options contracts fairly by, among other things,
bidding and offering so as to create differences of no more than $5
between the bid and offer following the opening rotation in an
equity or index options contract. Prior to the opening rotation,
spread differentials shall be no more than $.25 between the bid and
offer for each options contract for which the bid is less than $2,
no more than $.40 where the bid is at least $2 but does not exceed
$5, no more than $.50 where the bid is more than $5 but does not
exceed $10, no more than $.80 where the bid is more than $10 but
does not exceed $20, and no more than $1 where the bid is $20 or
greater, provided that the Exchange may establish differences other
than the above for one or more options series.
    (i) The bid/offer differentials stated in subparagraph (b)(4) of
this Rule shall not apply to in-the-money options series where the
underlying securities market is wider than the differentials set
forth above. For these series, the bid/ask differential may be as
wide as the spread between the national best bid and offer in the
underlying security.''
    \4\ In connection with the MRX migration, the primary market was
utilized beginning on August 14, 2017 as each symbol migrated to the
INET platform.
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Proposal
    The Exchange proposes to codify its current practice and correctly
reflect in its Rules that the Valid Width Quote in the Opening Process
apply a primary market analysis, not a national best bid or offer
(``NBBO'') analysis.\5\ Specifically, this proposal would conform the
current rule text to the current System by amending the definition of a
Valid Width Quote in Rule 701, ``Opening,'' so that, in the case of in-
the-money option series \6\ where the market for the underlying
security is wider than the differentials set forth within MRX Rule
803(b)(4), the bid/ask differential may be as wide as the quotation for
the underlying security on the primary \7\ (listing) market, or its
decimal equivalent rounded down to the nearest minimum increment.
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    \5\ The Exchange notes that today MRX utilizes the primary
market in calculating the bid/ask differential during the Opening
Process. This rule change would amend the rule to reflect MRX's
current practice.
    \6\ An at-the-money option series would also qualify. An out-of-
the-money series would not qualify.
    \7\ The term ``primary market'' means the principal market in
which an underlying security is traded. See MRX Rule 100(a)(51).
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    The Exchange believes that utilizing the primary market in the
Opening Process is reasonable given the close connection between the
primary market and the Opening Process. For example, MRX Rule 701(c)(2)
provides, ``For all options, the underlying security, including
indexes, must be open on the primary market for a certain time period
as determined by the Exchange for the Opening Process to commence. The
time period shall be no less than 100 milliseconds and no more than 5
seconds.''
    Today, in order to open, the Exchange requires either: (i) The
Primary Market Maker's (``PMM'') Valid Width Quote; (ii) the Valid
Width Quotes of at least two Competitive Market Makers (``CMM''); or
(iii) if neither the PMM's Valid Width Quote nor the Valid Width Quotes
of two CMMs have been submitted within such timeframe, one CMM has
submitted a Valid Width Quote. The Exchange notes that it requires
Market Makers to submit Valid Width Quotes during the Opening Process
to guarantee liquidity, unlike other markets which may not require
market makers to quote during the opening.\8\ Further, amending the
rule text to conform to its current practice will avoid confusion and
continue to permit MRX to remain one of the strongest openings in the
industry.
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    \8\ The Nasdaq Options Market (``NOM'') does not require NOM
Market Makers to quote during the opening, however if a NOM Market
Maker decided to quote during the opening, the Market Maker would be
permitted to submit a bid/ask differential with a difference not to
exceed $5 between the bid and offer regardless of the price of the
bid. However, respecting in-the-money series where the market for
the underlying security is wider than $5, the bid/ask differential
may be as wide as the spread between the national best bid and offer
in the underlying security. See NOM Rules at Chapter VII, Section
6(d)(ii).
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Discretion
    The Exchange proposes to codify its current practice and amend MRX
Rule 803(b)(4) to adopt rule text which permits the Exchange intra-day
discretion for bid/ask differentials similar to the discretion
currently permitted in the Opening Process. The Exchange proposes to
add a sentence to the end of the paragraph in MRX Rule 803(b)(4)
indicating the Exchange may establish differences other than the above
for one or more series or classes of options. The Exchange notes that
it utilizes this discretion today to grant relief for individual
options classes as well as relief for all option classes based upon
specific criteria. Today, Market Makers may request quote relief. When
determining whether to grant quote relief the Exchange considers, among
other factors, the following: (i) Pending corporate actions with
undisclosed or uncertain terms; (ii) company or industry news with
anticipated significant market impact; (iii) government news of a
sensational nature. The Exchange believes that it is necessary to grant
quote relief in certain circumstances where a Market Maker may not have
enough information to maintain fair and orderly markets. The Exchange
notes that other markets have similar discretion for intra-day quotes
today.\9\
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    \9\ See Nasdaq Phlx LLC Rule 1014(c)(i)(A)(1)(a), Miami
International Securities Exchange LLC Rule 604b)(4), Cboe Exchange,
Inc. Rule 8.7(d), NYSE American LLC Rule 925NY(b)(4), NYSE Arca,
Inc. 6.37-O(b)(4).
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Rule 100
    MRX rules currently do not define an ``in-the-money'' or ``out-of-
the-money'' option series. As part of this rule change, the Exchange
proposes to define these above-referenced terms within MRX Rule 100 to
bring greater transparency to its rules with respect to Market Maker
quoting. The Exchange proposes to define the term ``in-the-money'' at
Rule 100(a)(28), which is currently reserved, as the following: For
call options, all strike prices at or below the offer in the underlying
security on the primary listing market; for put options, all strike
prices at or above the bid in the underlying security on the primary
listing market. The Exchange proposes to define the term ``out-of-the-
money'' option at Rule 100(a)(41), which is currently reserved, to mean
the following: For call options, all strike prices above the offer in
the underlying security on the primary listing market; for put options,
all strike prices below the bid in the underlying security on the
primary listing market.\10\ Each of these definitions would apply for
purposes of Market Maker quoting obligations in Rules 701 and 803. The
Exchange notes that it specifically proposes to reference the rules
related to Market Maker quoting obligations to avoid any confusion with
the manner in which ``in-the-money'' and ``out-of-the-money'' options
series are defined for purposes of other options rules.
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    \10\ The Exchange notes that it does not utilize a last sale
calculation. The Exchange believes that the quotation for the
underlying security on the primary market provides an accurate
reflection of the market. A last sale calculation may not be an
accurate reflection of the market because the last sale may not be
representative of the primary market in all cases, particularly if a
halt were to occur.
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    The Exchange has added these definitions into the existing rules in
alphabetical order. The Exchange proposes to renumber the rules to
account for the addition of these two new definitions and proposes to
amend cross-references to Rule 100 within the Rulebook to reflect the
proposed new numbering within Rule 100.
Cross References
    The Exchange proposes to amend cross-references to Rule 100 in
Rules 713 and 720 to refer to the current definitions.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\11\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect

investors and the public interest. The Exchange notes that today MRX
utilizes the primary market in calculating the bid/ask differential
during the Opening Process, although the current rule does not reflect
this practice. This rule change would amend the rule to reflect MRX's
current practice.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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Rules 701 and 803
    The Exchange's proposal to amend the Opening Process to conform to
current practice is consistent with the Act because while the Exchange
believes that relying on the primary market or the NBBO accurately
reflect the current trading environment and take into consideration
market conditions, the Exchange's current Opening Process is designed
to utilize the primary standard during the Opening Process.\13\
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    \13\ MRX Rule 701(c)(2) provides, ``For all options, the
underlying security, including indexes, must be open on the primary
market for a certain time period as determined by the Exchange for
the Opening Process to commence. The time period shall be no less
than 100 milliseconds and no more than 5 seconds.''
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Discretion
    The Exchange's proposal to amend its rule to permit intra-day
discretion to conform to current practice is consistent with the Act
because such discretion is necessary to permit the Exchange the ability
to attract liquidity from Market Makers while also maintaining a fair
and orderly market. Market Makers accept a certain amount of risk when
quoting on the Exchange. The Exchange imposes quoting and other
obligations on Market Makers.\14\ The Exchange notes that these risks
which Market Makers accept each trading day are calculated risks. The
Exchange notes that it considers certain factors, which are likely
unforeseen, in determining whether to grant relief either in individual
options classes or for all option classes based upon specific criteria.
Specifically, the Exchange considers, among other factors, the
following: (i) Pending corporate actions with undisclosed or uncertain
terms; (ii) company or industry news with anticipated significant
market impact; (iii) government news of a sensational nature. The
Exchange believes that it is necessary to grant quote relief in certain
circumstances where a Market Maker may not have enough information to
maintain fair and orderly markets. The Exchange notes that other
markets have similar discretion for intra-day quotes today.\15\
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    \14\ See MRX Rules 803 and 804.
    \15\ See note 9 above.
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Rule 100
    The Exchange's proposal to define the terms ``in-the-money'' and
``out-of-the-money'' for purposes of Market Maker quoting obligations
in Rules 701 and 803 is consistent with the Act and protects investors
and the public interest by bringing greater transparency to the
Rulebook. Each of these defined terms would apply for purposes of
Market Maker quoting obligations in Rules 701 and 803. The Exchange
notes that it specifically proposes to reference the rules related to
Market Maker quoting obligations to avoid any confusion with the manner
in which ``in-the-money'' and ``out-of-the-money'' options series are
defined for purposes of other options rules.
Cross-References
    The Exchange's proposal to amend cross-references to Rule 100
within Rules 713, 720 and Rule 1901 to refer to the current definitions
is consistent with the Act because it will correct references to
definitions.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Rules 701 and 803
    The Exchange's proposal to codify its current practice of utilizing
the primary market in the Opening Process does not unduly burden
competition because the current practice maintains a close connection
between the primary market and the Opening Process. The primary market
reflects the current trading environment. The Exchange notes that the
proposal does not create an undue burden on intra-market competition
because Market Makers are the only market participants subject to
quoting requirements and these participants have valuable information
with respect to the underlying instrument under the current process to
make informed decisions and take calculated risks in the marketplace
when providing liquidity. Market Makers remain responsible for
maintaining fair and orderly markets.
Discretion
    The Exchange's proposal to codify the Exchange's ability to permit
intra-day discretion similar to the discretion currently permitted in
the Opening Process does not impose an undue burden on competition
because Market Makers are the only market participants subject to
quoting requirements and the proposal specifically considers the need
for Market Makers to have information to make informed decisions to
make calculated risks in the marketplace so that they may provide
liquidity while maintaining fair and orderly markets. The proposed
amendments do not create an undue burden on inter-market competition
because other options markets have the same intra-day requirements.\16\
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    \16\ Id.
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Rule 100
    The Exchange's proposal to define the terms ``in-the-money'' or
``out-of-the-money'' for purposes of Market Maker quoting obligations
in Rules 701 and 803 does not unduly burden competition, rather it adds
greater transparency to the Rulebook and makes clear the applicability
of the definitions to avoid confusion with respect to the remainder of
the options rules.
Cross-References
    The Exchange's proposal to amend cross-references to Rule 100 in
Rules 713, 720 and Rule 1901 to refer to the current definitions does
not unduly burden competition because it will correct references to
definitions.

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

    No written comments were either solicited or received.

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

    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)(iii) of the Act\17\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and the text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule

19b-4(f)(6)(iii) \20\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay so that the proposal may become operative
immediately upon filing. The Exchange states that immediately codifying
its current practice within its rules to accurately reflect the
operation of the Exchange's System will avoid confusion. The Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change as operative upon filing.\21\
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MRX-2018-36 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-MRX-2018-36. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MRX-2018-36 and should be submitted on
or before January 2, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26825 Filed 12-11-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4391-4392]
[FR Doc No: 2012-1845]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Procedures for
Non-Federal Navigation Facilities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on November 22, 2011, vol. 76, no. 225, page 72238. Non-
Federal navigation facilities are electrical/electronic aids to

air navigation which are purchased, installed, operated, and maintained
by an entity other than the FAA and are available for use by the flying
public.

DATES: Written comments should be submitted by February 27, 2012.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0014 .
    Title: Procedures for Non-Federal Navigation Facilities.
    Form Numbers: FAA Forms 6030-1, 6030-17, 6790-4, 6790-5.
    Type of Review: Renewal of an information collection.
    Background: FAR Part 171 establishes procedures and requirements
for sponsors, both private and public other than FAA, to purchase,
install, operate, and maintain electronic navaids for use by the flying
public in the National Airspace System (NAS). FAR Part 171 describes
procedures for receiving permission to install a facility and
requirements to be fulfilled to keep it in service. These requirements
include inspection and periodic maintenance. These tasks and any other
repair work done to these facilities is recorded in on-site logs,
copies of which are sent to the Service Center office.
    Respondents: Approximately 2,413 sponsors of non-federal navigation
facilities.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 13.72 hours.
    Estimated Total Annual Burden: 33,116 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on January 19, 2012.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2012-1845 Filed 1-26-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21286-21287]
[FR Doc No: 2010-9408]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13526-002]

Bowersock Mills and Power Company; Notice of Application Accepted
for Filing, Soliciting Motions To Intervene and Protests, Ready for
Environmental Analysis, and Soliciting Comments, Terms and Conditions,
Recommendations, and Prescriptions

April 16, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 13526-002.
    c. Date Filed: February 8, 2010.
    d. Applicant: Bowersock Mills Power Company (Bowersock).
    e. Name of Project: Bowersock Mills and Power Company Expanded
Kansas River Hydropower Project.
    f. Location: The project would be located on the Kansas River in
Douglas County, Kansas. The project would not affect Federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Sarah Hill-Nelson, The Bowersock Mills and
Power Company, P.O. Box 66, Lawrence, Kansas 66044;<PHONE_NUMBER>.
    i. FERC Contact: Monte TerHaar,<PHONE_NUMBER>, or via e-mail at
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
terms and conditions, recommendations, and prescriptions: 60 days from
the issuance of this notice. All reply comments must be filed with the
Commission within 105 days from the date of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. Project Description: The existing Bowersock dam and powerhouse
currently operates under an exemption (Project No. 2644) as a small
hydropower project of 5 megawatts (MW) or less. The proposed project
would consist of the existing Bowersock dam and two powerhouses; the
existing powerhouse on the South bank of the Kansas River, and a
proposed powerhouse on the North bank of the Kansas River. The proposed
project would have a total capacity of 6.6 MW and generate an estimated
33 gigawatt-hours annually. The electricity produced by the project
would be sold to a local utility.
    The proposed project would consist of the following:
    (1) The existing 665-foot-long, 17-foot-high timber-crib Bowersock
Dam; (2) raising the existing flashboards from 4 feet high to 5.5 feet
high; (3) the existing 4.3-mile-long reservoir, having a normal water
surface elevation of 813.5 feet mean sea level; (4) the existing South
powerhouse, containing seven turbine/generator units having an
installed capacity of 2.012 MW; (5) a proposed North powerhouse with
four turbine/generator units, having an installed capacity of 4.6 MW;
(6) a proposed 20-foot-wide roller gate; (7) a proposed intake flume
with trashracks; (8) a proposed 150-foot-long canoe portage and fishing
platform located along the North bank of the Kansas River; (10) a
proposed 765-foot-long, 12-kilovolt (kV) transmission line connecting
to an existing 535-foot-long 2.3-kV transmission line; and (8)
appurtenant facilities.
    The project would be operated in a run-of-river mode, where water
levels in the reservoir would be maintained near the top of the flash
boards. To avoid potential flooding of upstream lands, the project
would incorporate a 20-foot-wide roller gate designed to release flows
up to 2,600 cfs. In addition, the flashboards would be designed to
collapse during periods of high inflows when the water surface
elevation rises 6 inches above the top of the flashboards.

    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit comments, a protest, or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, .211, .214. In determining the appropriate action to take,
the Commission will consider all protests or other comments filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,''
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. A copy of any protest or motion to intervene must
be served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-9408 Filed 4-22-10; 8:45 am]
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[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24147-24148]
[FR Doc No: 2016-09714]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, April
28, 2016 at 1:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain

staff members who have an interest in the matters also may be present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: April 21, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-09714 Filed 4-21-16; 4:15 pm]
BILLING CODE 8011-01-P