[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52325-52326]
[FR Doc No: 2011-21354]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-4308-000]

Reliant Energy Northeast 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
Reliant Energy Northeast 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 September 6, 2011.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 16, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-21354 Filed 8-19-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35860-35862]
[FR Doc No: 2012-14648]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0163]
RIN 1625-AA00

Safety Zone; Bay Swim V, Presque Isle Bay, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a temporary safety zone on the
waters of Presque Island Bay, Erie, PA. This safety zone is intended to
restrict vessels from a portion of the Presque Island Bay during the
Bay Swim V swimming event. The safety zone is necessary to protect
participants, spectators, and vessels from the hazards associated with
a large scale swimming event.

DATES: This regulation will be effective June 30, 2012 from 8:30 a.m.
until 11:30 a.m.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2012-0163 and are available online
by going to www.regulations.gov, inserting USCG-2012-0163 in the
``Search'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Christopher Mercurio, Chief of
Waterway Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 28, 2012, we published a notice of proposed rulemaking
entitled Safety Zone; Bay Swim V, Presque Isle Bay, Erie, PA in the
Federal Register (77 FR 18739). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    Between 9 a.m. and 11 a.m. on June 30, 2012, a large scale swimming
event will take place on Presque Isle Bay near Erie, PA. The Captain of
the Port Buffalo has determined that this large scale swimming event
across a navigable waterway will pose significant risks to participants
and the boating public.

Discussion of Proposed Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that a temporary safety zone is necessary to
ensure the safety of participants and the boating public during the Bay
Swim V. The safety zone will be effective and enforced from 8:30 a.m.
until 11:30 a.m. on June 30, 2012.
    The safety zone will encompass all U.S. navigable waters of Presque
Isle Bay, Erie, PA starting from Vista 3 in Presque Isle State Park at
position 42[deg]07'29.30'' N, 80[deg]08'48.82'' W and extend in a
straight line 1,000 feet wide to the Erie Yacht Club at position
42[deg]07'21.74'' N, 80[deg]07'58.30'' W (DATUM: NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone created by
this rule will be relatively small and enforced for relatively short
time. Also, the safety zone is designed to minimize its impact on
navigable waters. Furthermore, the safety zone has been designed to
allow vessels to transit around it. Thus, restrictions on vessel
movement within that particular area are expected to be minimal. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This temporary final rule may affect the following entities, some
of which may be small entities: the owners of operators of vessels
intending to transit or anchor in a portion of Presque Isle Bay near
Erie, PA between 8:30 a.m. to 11:30 p.m. on June 30, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only approximately three hours and the
safety zone will allow vessels to move freely around the safety zone in
Presque Isle Bay. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and how
and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's
responsiveness.

    If the rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Christopher
Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector
Buffalo; telephone<PHONE_NUMBER>, email. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction because it involves the
establishment of a safety zone. A final environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0163 to read as follows:

Sec.  165.T09-0163  Safety Zone; Bay Swim V, Presque Isle Bay, Erie,
PA.

    (a) Location. The safety zone will encompass all waters of Presque
Isle Bay, Erie, PA starting from Vista 3 in Presque Isle State Park at
position 42[deg]07'29.30'' N, 80[deg]08'48.82'' W and extend in a
straight line 1,000 feet wide to the Erie Yacht Club at position
42[deg]07'21.74'' N, 80[deg]07'58.30'' W. (NAD 83)
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced from 8:30 a.m. to 11:30 a.m. on June 30, 2012.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.

    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: May 29, 2012.
S.M. Wischmann,
Captain, U. S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-14648 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Notices]
[Page 43204-43205]
[DOCID:fr26au09-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60536; File No. SR-ISE-2009-59]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes and an Incentive Plan for Three Foreign
Currency Options

August 19, 2009.
    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 August 3, 2009, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change, as described in
Items I, II, and III below, which items have been prepared by the self-
regulatory organization. ISE has designated this proposal as one
establishing or changing a due, fee, or other charge applicable only to
a member under Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-
4(f)(2) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to initiate an incentive plan for market
makers in three newly listed foreign currency options (``FX Options'')
and to establish fees for transactions in these FX Options. The text of
the proposed rule change is available on the Exchange's Web site
(http://www.ise.com), at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to initiate an
incentive plan for market makers on three newly listed FX Options,
specifically, the New Zealand dollar (``NZD''), the Mexican peso
(``PZO'') and the Swedish krona (``SKA'') \5\ and to establish fees for
transactions in these products. Options on NZD, PZO and SKA began
trading on the Exchange on August 3, 2009. As such, this proposed fee
change will be operative and effective on August 3, 2009.
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    \5\ The Commission previously approved the trading of options on
NZD, PZO and SKA. See Securities Exchange Act Release No. 55575
(April 3, 2007), 72 FR 17963 (April 10, 2007) (Order approving the
listing and trading of FX Options).
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    In order to promote trading in these new FX Options, the Exchange
proposes to initiate an incentive plan for market makers in NZD, PZO
and SKA. Market makers will be able to enter into the incentive plan
until October 5, 2009. Participants in the incentive plan are known on
the Exchange's Schedule of Fees as Early Adopter Market Makers. Under
the incentive plan, the Exchange will waive the applicable transaction
fees for both the Early Adopter FXPMM \6\ and all Early Adopter FXCMMs
\7\ that make a market in NZD, PZO and SKA for as long as the incentive
plan is in effect. Further, pursuant to a revenue sharing agreement
entered into between an Early Adopter Market Maker and ISE, the
Exchange will pay the Early Adopter FXPMM forty percent (40%) of the
transaction fees collected on any customer trade in NZD, PZO and SKA
and will pay up to ten (10) Early Adopter FXCMMs that participate in
the incentive plan twenty percent (20%) of the transaction fees
collected for trades between a customer and that FXCMM. Market makers
that do not participate in the incentive plan, i.e., market makers that
begin to quote and trade in NZD, PZO and SKA after October 5, 2009,
will be charged regular transaction fees for trades in these products.
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    \6\ A FXPMM is a primary market maker selected by the Exchange
that trades and quotes in FX Options only. See ISE Rule 2213.
    \7\ A FXCMM is a competitive market maker selected by the
Exchange that trades and quotes in FX Options only. See ISE Rule
2213.
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    The Exchange is proposing to adopt an execution fee of $0.40 per
contract for all Public Customer transactions in options on NZD, PZO
and SKA.\8\ The amount of the execution fee for all Firm Proprietary
transactions will be $0.20 per contract and the execution fee for all
non-Early Adopter ISE Market Makers in NZD, PZO and SKA shall be equal
to the execution fee currently charged by the Exchange for ISE Market
Maker transactions in equity options.\9\ Finally, the amount of the
execution fee for all non-ISE Market Maker transactions in these
products shall be $0.45 per contract.\10\ The Exchange will not charge
a Payment for Order Flow fee for these products.
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    \8\ These fees will be charged only to Exchange members. Under a
pilot program that is set to expire on July 31, 2010, these fees
will also be charged to Linkage Principal Orders (``Linkage P
Orders'') and Linkage Principal Acting as Agent Orders (``Linkage P/
A Orders''). The amount of the execution fee charged by the Exchange
for Linkage P Orders and Linkage P/A Orders is $0.27 per contract
side and $0.18 per contract side, respectively. See Securities
Exchange Act Release No. 60175 (June 25, 2009), 74 FR 32026 (July 6,
2009) (SR-ISE-2009-36).
    \9\ The Exchange applies a sliding scale, between $0.01 and
$0.18 per contract side, based on the number of contracts an ISE
market maker trades in a month.
    \10\ The amount of the execution fee for non-ISE Market Maker
transactions executed in the Exchange's Facilitation and
Solicitation Mechanisms is $0.20 per contract.
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    The Exchange also [sic] proposes to waive transaction charges for
all Early Adopter Market Makers in NZD, PZO and SKA in order to further
encourage the trading of these FX Options. The Exchange believes that
the revenue generated from customer, firm proprietary and non-ISE
market maker transaction charges and increased order flow would offset
the transaction fees that would otherwise be applied to market makers
in NZD, PZO and SKA, thereby allowing the Exchange to recoup those fees
while increasing order flow and generating increased revenues.
    The Exchange believes the proposed rule change will further the
Exchange's

goal of introducing new products to the marketplace that are
competitively priced.
2. Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\11\ in general, and
furthers the objectives of Section 6(b)(4),\12\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. The Exchange believes that the proposed incentive plan
will generate additional order flow to the Exchange by creating
incentives to trade these FX Options as well as defray operational
costs for Early Adopter Market Makers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \13\ and Rule 19b-4(f)(2) \14\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2009-59 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2009-59. 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2009-59 and should be
submitted on or before September 16, 2009.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-20540 Filed 8-25-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Page 58773]
[FR Doc No: 2014-23212]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-102-000]

Kentucky Utilities Company; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On September 23, 2014, the Commission issued an order in Docket No.
EL14-102-000, pursuant to section 206 of the Federal Power Act (FPA),
16 U.S.C. 824e (2012), instituting an investigation into the justness
and reasonableness of the proposed modifications to the Construction
Work In Progress (CWIP) costs portion of Kentucky Utilities Company's
formula rate wholesale requirements contracts. Kentucky Utilities
Company, 148 FERC ] 61,225 (2014).
    The refund effective date in Docket No. EL14-102-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.

    Dated: September 23, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23212 Filed 9-29-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Rules and Regulations]
[Page 64946-64948]
[DOCID:fr19no07-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-1013; FRL-8496-7]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Antelope Valley Air Quality Management District portion of the
California State Implementation Plan (SIP). Under authority of the
Clean Air Act as amended in 1990 (CAA or the Act), we are approving the
rescission from the California SIP of local rules that address Storage,
Handling and Transport of Petroleum Coke and PM-10 Emissions from Paved
and Unpaved Roads, and Livestock Operations, and the accompanying
negative declaration.

DATES: This rule is effective on January 18, 2008 without further
notice, unless EPA receives adverse comments by December 19, 2007. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-1013, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through  http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to 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: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule rescissions did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule rescissions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule rescissions?
    B. Do the rule rescissions meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule rescissions did the State submit?

    Table 1 lists the rule rescissions we are approving with the dates
that they were adopted by the Antelope Valley Air Quality Management
District (AVAQMD) and submitted by the California Air Resources Board
(CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency             Rule            Rule title              Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.............................            1158  Storage, Handling, and             02/20/07        08/24/07
                                                      Transport of Petroleum
                                                      Coke.
AVAQMD.............................            1186  PM-10 Emissions From Paved         05/16/06        10/05/06
                                                      and Unpaved Roads, and
                                                      Livestock Operations.
----------------------------------------------------------------------------------------------------------------

    These rule submittals were found to meet the completeness criteria
in 40 CFR part 51, Appendix V, which must be met before formal EPA
review on September 17, 2007 and October 24, 2006, respectively.

B. Are there other versions of these rules?

    A version of Rule 1158 adopted December 2, 1983 was approved into
the SIP on January 15, 1987. A version of Rule 1186 adopted September
10, 1999 was approved into the SIP on June 10, 2000.

C. What is the purpose of the submitted rule rescissions?

    Section 110(a) of the CAA requires states to submit regulations
that control VOC emissions, oxides of nitrogen, particulate matter, and
other air pollutants which harm human health and the environment. These
rules were originally developed as part of the South Coast Air Quality
Management District's (SCAQMD) program to control particulate matter
(PM). At the time, SCAQMD's jurisdiction included the portion of Los
Angeles County located in the Mojave Desert Air Basin, known as the
Antelope Valley. On July 1, 1997 the AVAQMD was formed, pursuant to
statute and assumed the duties and powers of the SCAQMD in the Antelope
Valley. The AVAQMD subsequently rescinded Rules 1158 and 1186 after
determining that there are no sources regulated by these rules within
the jurisdiction of the AVAQMD. EPA's technical support document (TSD)
has more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule rescissions?

    EPA has evaluated all the appropriate background and submittal
documentation and has determined that the rescission of Rules 1158 and
1186 are approvable. The AVAQMD has identified that the sources
regulated by these rules are not present in the AVAQMD. Further, the
AVAQMD also stated that they do not anticipate these types of sources
in the future.
    The rule rescissions are consistent with the CAA, EPA regulations
and EPA policy.

B. Do the rule rescissions meet the evaluation criteria?

    We believe these rule rescissions are consistent with the relevant
policy and guidance. The TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule rescissions because we believe they
fulfill all relevant requirements. We do not think anyone will object
to this approval, so we are finalizing it without proposing it in
advance. However, in the Proposed Rules section of this Federal
Register, we are simultaneously proposing approval of the same
submitted rule rescissions. If we receive adverse comments by December
19, 2007, we will publish a timely withdrawal in the Federal Register
to notify the public that the direct final approval will not take
effect and we will address the comments in a subsequent final action
based on the proposal. If we do not receive timely adverse comments,
the direct final approval will be effective without further notice on
January 18, 2008. This will incorporate these rule rescissions into the
federally enforceable SIP.

III. Statutory and Executive Order Reviews

    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 (Pub. L. 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 relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
    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.).

    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. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 January 18, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
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, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 2, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(153)(vii)(C) and
(278)(i)(A)(3) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (153) * * *
    (vii) * * *
    (C) Previously approved on March 14, 1984 in paragraph
(c)(153)(vii)(B) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1158.
* * * * *
    (278) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on January 21, 2000 in paragraph
(c)(278)(i)(A)(2) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1186.
* * * * *
[FR Doc. E7-22447 Filed 11-16-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Pages 5161-5163]
[FR Doc No: 2015-01748]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74131; File No. SR-MIAX-2015-04]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing of a Proposed Rule Change To Amend MIAX
Rule 402

January 26, 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 January 16, 2015, Miami International Securities Exchange LLC
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 Rule 402 to allow the listing of
options overlying Exchange-Traded Fund Shares (``ETFs'') that are
listed pursuant to generic listing standards on equities exchanges for
series of portfolio depositary receipts and index fund shares based on
international or global indexes under which a comprehensive
surveillance agreement is not required.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, 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 amend Rule 402 to allow the listing of
options overlying ETFs that are listed pursuant to generic listing
standards on equities exchanges for series of portfolio depositary
receipts and index fund shares based on international or global indexes
under which a comprehensive surveillance sharing agreement
(``comprehensive surveillance agreement'' or ``CSSA'') is not
required.\3\ This proposal will enable the Exchange to list and trade
options on ETFs without a CSSA provided that the ETF is listed on an
equities exchange pursuant to the generic listings standards that do
not require a CSSA pursuant to Rule 19b-4(e) \4\ of the Exchange Act.
Rule 19b-4(e) provides that the listing and trading of a new derivative
securities product by a self-regulatory organization (``SRO'') shall
not be deemed a proposed rule change, pursuant to paragraph (c)(1) of
Rule 19b-4, if the Commission has approved, pursuant to Section 19(b)
of the Exchange Act, the SRO's trading rules, procedures and listing
standards for the product class that would include the new derivatives
securities product, and the SRO has a surveillance program for the
product class.\5\ In other words, the proposal will amend the listing
standards to allow the Exchange to list and trade options on ETFs based
on international or global indexes to a similar degree that they are
allowed to be listed on several equities exchanges.\6\
---------------------------------------------------------------------------

    \3\ See e.g., NYSE MKT Rule 1000 Commentary .03(a)(B); NYSE Arca
Equities Rule 5.2(j)(3) Commentary .01(a)(B); NASDAQ Rule
5705(a)(3)(A)(ii); and BATS Rule 14.11(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(e).
    \5\ When relying on Rule 19b-4(e), the SRO must submit Form 19b-
4(e) to the Commission within five business days after the SRO
begins trading the new derivative securities products. See
Securities Exchange Act Release No. 40761 (December 8, 1998), 63 FR
70952 (December 22, 1998).
    \6\ See NYSE MKT Rule 1000 Commentary .03(a)(B); NYSE Arca
Equities Rule 5.2(j)(3) Commentary .01(a)(B); NASDAQ Rule
5705(a)(3)(A)(ii); and BATS Rule 14.11(b)(3)(A)(ii). See also
Securities Exchange Act Release Nos. 54739 (November 9, 2006), 71 FR
66993 (SR-Amex-2006-78); 55269 (February 9, 2007), 72 FR 7490
(February 15, 2007) (SR-NASDAQ-2006-050); 55621 (April 12, 2007), 72
FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86).
---------------------------------------------------------------------------

Exchange-Traded Funds
    The Exchange allows for the listing and trading of options on ETFs.
Rule 402(i)(5)(ii)(A)-(C) provide the listings standards for options on
ETFs with non-U.S. component securities, such as ETFs based on
international or global indexes. Rule 402(i)(5)(ii)(A) requires that
any non-U.S. component securities of an index or portfolio of
securities on which the Exchange-Traded Fund Shares are based that are
not subject to comprehensive surveillance agreements do not in the
aggregate represent more than 50% of the weight of the index or
portfolio.\7\ Rule 402(i)(5)(ii)(B) requires that component securities
of an index or portfolio of securities on which the Exchange-Traded
Fund Shares are based for which the primary market is in any one
country that is not subject to a comprehensive surveillance agreement
do not represent 20% or more of the weight of the index.\8\ Rule
402(i)(5)(ii)(C) requires that component securities of an index or
portfolio of securities on which the Exchange-Traded Fund Shares are
based for which the primary market is in any two countries that are not
subject to comprehensive surveillance agreements

do not represent 33% or more of the weight of the index.\9\
---------------------------------------------------------------------------

    \7\ See Rule 402(i)(5)(ii)(A).
    \8\ See Rule 402(i)(5)(ii)(B).
    \9\ See Rule 402(i)(5)(ii)(C).
---------------------------------------------------------------------------

Generic Listing Standards for Exchange-Traded Funds
    The Exchange notes that the Commission has previously approved
generic listing standards pursuant to Rule 19b-4(e) \10\ of the
Exchange Act for ETFs based on indexes that consist of stocks listed on
U.S. exchanges.\11\ In general, the criteria for the underlying
component securities in the international and global indexes are
similar to those for the domestic indexes, but with modifications as
appropriate for the issues and risks associated with non-U.S.
securities.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(e).
    \11\ See Commentary .03 to Amex Rule 1000 and Commentary .02 to
Amex Rule 1000A. See also Securities Exchange Act Release No. 42787
(May 15, 2000), 65 FR 33598 (May 24, 2000).
---------------------------------------------------------------------------

    In addition, the Commission has previously approved the listing and
trading of ETFs based on international indexes--those based on non-U.S.
component stocks--as well as global indexes--those based on non-U.S.
and U.S. component stocks.\12\
---------------------------------------------------------------------------

    \12\ See, e.g., Securities Exchange Act Release Nos. 50189
(August 12, 2004), 69 FR 51723 (August 20, 2004) (approving the
listing and trading of certain Vanguard International Equity Index
Funds); 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001)
(approving the listing and trading of series of the iShares Trust
based on certain S&P global indexes).
---------------------------------------------------------------------------

    In approving ETFs for equities exchange trading, the Commission
thoroughly considered the structure of the ETFs, their usefulness to
investors and to the markets, and SRO rules that govern their trading.
The Exchange believes that allowing the listing of options overlying
ETFs that are listed pursuant to the generic listing standards on
equities exchanges for ETFs based on international and global indexes
and applying Rule 19b-4(e) \13\ should fulfill the intended objective
of that Rule by allowing options on those ETFs that have satisfied the
generic listing standards to commence trading, without the need for the
public comment period and Commission approval. The proposed rule has
the potential to reduce the time frame for bringing options on ETFs to
market, thereby reducing the burdens on issuers and other market
participants. The failure of a particular ETF to comply with the
generic listing standards under Rule 19b-4(e) \14\ would not, however,
preclude the Exchange from submitting a separate filing pursuant to
Section 19(b)(2),\15\ requesting Commission approval to list and trade
options on a particular ETF.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(e).
    \14\ 17 CFR 240.19b-4(e).
    \15\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

Requirements for Listing and Trading Options Overlying ETFs Based on
International and Global Indexes
    Options on ETFs listed pursuant to these generic standards for
international and global indexes would be traded, in all other
respects, under the Exchange's existing trading rules and procedures
that apply to options on ETFs and would be covered under the Exchange's
surveillance program for options on ETFs.
    Pursuant to proposed Rule 402(i)(E)(2)(i), the Exchange may list
and trade options on an ETF without a CSSA provided that the ETF is
listed pursuant to generic listing standards for series of portfolio
depositary receipts and index fund shares based on international or
global indexes under which a comprehensive surveillance agreement is
not required. MIAX believes that these generic listing standards are
intended to ensure that stocks with substantial market capitalization
and trading volume account for a substantial portion of the weight of
an index or portfolio.
    The Exchange believes that this proposed listing standard for
options on ETFs is reasonable for international and global indexes,
and, when applied in conjunction with the other listing requirements,
and [sic] will result in options overlying ETFs that are sufficiently
broad-based in scope and not readily susceptible to manipulation. The
Exchange also believes that allowing the Exchange to list options
overlying ETFs that are listed on equities exchanges pursuant to
generic standards for series of portfolio depositary receipts and index
fund shares based on international or global indexes under which a CSSA
is not required, will result in options overlying ETFs that are
adequately diversified in weighting for any single security or small
group of securities to significantly reduce concerns that trading in
options overlying ETFs based on international or global indexes could
become a surrogate for trading in unregistered securities.
    The Exchange believes that ETFs based on international and global
indexes that have been listed pursuant to the generic standards are
sufficiently broad-based enough as to make options overlying such ETFs
not susceptible instruments for manipulation. The Exchange believes
that the threat of manipulation is sufficiently mitigated for
underlying ETFs that have been listed on equities exchanges pursuant to
generic listing standards for series of portfolio depositary receipts
and index fund shares based on international or global indexes under
which a comprehensive surveillance agreement is not required and for
the overlying options, that the Exchange does not see the need for CSSA
[sic] to be in place before listing and trading options on such ETFs.
The Exchange notes that its proposal does not replace the need for a
CSSA as provided in current Rule 402(i)(5)(ii). The provisions of
current Rule 402(i)(5)(ii), including the need for a CSSA, remain
materially unchanged in proposed Rule 402(i)(E)(2)(ii) and will
continue to apply to options on ETFs that are not listed on an equities
exchange pursuant to generic listing standards for series of portfolio
depositary receipts and index fund shares based on international or
global indexes under which a comprehensive surveillance agreement is
not required. Instead, proposed Rule 402(i)(E)(2)(i) adds an additional
listing mechanism for certain qualifying options on ETFs to be listed
on the Exchange.
    Finally, the Exchange proposes several technical changes to the
formatting of Rule 402(i), including relocating current Rule
402(i)(5)(ii)(E) to proposed Rule 402(i)(E)(1)(iii) and the re-
numbering of current Rule 402(i)(5)(ii) to proposed Rule
402(i)(E)(2)(ii). In addition, the Exchange proposes making corrections
to inaccurate citations located in Rule 403(g)(1) and (2), so that Rule
403(g)(1) properly cites to Rule 402(i)(E)(1)(i) regarding closed-end
ETFs and Rule 403(g)(2) properly cites to Rule 402(i)(E)(1)(ii)
regarding open-end ETFs. The Exchange believes that these technical
changes are necessary for Rule 402(i) and Rule 403(g) to correspond
with other option exchanges.\16\
---------------------------------------------------------------------------

    \16\ See i.e., NYSE Arca Rule 5.3(g).
---------------------------------------------------------------------------

2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \17\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \18\ in particular, in that it is 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 facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest. In particular, the proposed
rules have the potential to

reduce the time frame for bringing options on ETFs to market, thereby
reducing the burdens on issuers and other market participants. The
Exchange also believes enabling the listing and trading of options on
ETFs pursuant to this new listing standard will benefit investors by
providing them with valuable risk management tools. The Exchange notes
that its proposal does not replace the need for a CSSA as provided in
current Rule 402(i)(5)(ii). The provisions of current Rule
402(i)(5)(ii), including the need for a comprehensive surveillance
sharing agreement, remain materially unchanged in proposed Rule
402(i)(E)(2)(ii) and will continue to apply to options on ETFs that are
not listed on an equities exchange pursuant to generic listing
standards for series of portfolio depositary receipts and index fund
shares based on international or global indexes under which a
comprehensive surveillance agreement is not required. Instead, proposed
Rule 402(i)(E)(2)(i) adds an additional listing mechanism for certain
qualifying options on ETFs to be listed on the Exchange in a manner
that is 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 facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes this
proposed rule change will benefit investors by providing additional
methods to trade options on ETFs, and by providing them with valuable
risk management tools. Specifically, the Exchange believes that market
participants on MIAX would benefit from the introduction and
availability of options on ETFs in a manner that is similar to equities
exchanges and will provide investors with a venue on which to trade
options on these products. For all the reasons stated above, 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, and believes the proposed change will enhance
competition.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) by order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be 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-MIAX-2015-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2015-04. 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-MIAX-2015-04 and should be
submitted on or before February 20, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-01748 Filed 1-29-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11347-11348]
[FR Doc No: 2016-04670]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0180]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated February 9, 2016, the Denton County Transportation Authority
(DCTA) has petitioned the Federal Railroad Administration (FRA) for an
extension of its existing waiver of compliance from certain provisions
of the Federal railroad safety regulations. Specifically, DCTA is
requesting an extension of its existing relief from the following parts
and specific regulations of 49 CFR part 238, Passenger Equipment Safety
Standards (Sections 238.115, 238.121, 238.223, 238.305, 238.309, and
Appendix D); Part 229, Railroad

Locomotive Safety Standards (Sections 229.31, 229.51, 229.47, 229.71,
229.135, and Appendix D); Part 231, Railroad Safety Appliance Standards
(Section 231.14); and Part 239, Passenger Train Emergency Preparedness
(Section 239.101). FRA assigned the petition Docket Number FRA-2010-
0180.
    DCTA operates its ``A-train'' commuter rail service along a 21.3-
mile corridor adjacent to and parallel with Interstate 35 between
Dallas, TX, and Denton, TX, featuring six station stops. The commuter
rail operation is contracted to Herzog for vehicle and right-of-way
maintenance, dispatching services, dispatching, and operations. The
corridor also has a currently active freight operation served by the
Dallas Garland and Northeastern Railroad, which provides freight
service to customers in the Lewisville, TX, area. The passenger
operations are temporally separated from freight operations through a
plan on file with FRA using interlocked derails on the southern
terminus and stub-end track on the northern terminus. In its extension
request, DTCA states that a real-time shunt monitoring system is being
installed in conjunction with Positive Train Control.
    DCTA operates Stadler diesel multiple-unit (DMU) vehicles
constructed to meet European safety standards for crashworthiness and
related safety measures. As asserted in its original petition, DCTA
chose these vehicles because DCTA believes that they offer an
equivalent or higher level of safety, security, and performance to the
passenger and crew than conventional FRA-compliant equipment.
    In a July 13, 2011, decision letter, FRA granted relief from the
Federal railroad safety regulations listed above. Additionally, FRA
invoked its authority under 49 U.S.C. 20306 to exempt DCTA from the
requirements of 49 U.S.C. 20302 for sill steps and end handholds. The
current waiver expires on July 13, 2016.
    FRA notes that this docket number includes a separate permanent
decision letter dated May 31, 2012, which was granted in accordance
with FRA's October 2011 final report and guidelines on ``Technical
Criteria and Procedures for Evaluating the Crashworthiness and Occupant
Protection Performance of Alternatively Designed Passenger Rail
Equipment for Use in Tier I Service,'' issued by the Engineering Task
Force (ETF). This letter, known as the ``Alternatively Designed Vehicle
(AVT)'' waiver, was granted to DCTA for use of its Stadler GTW 2/6
DMUs, finding that they are in compliance with crashworthiness criteria
contained in the ETF guidelines. DCTA is not requesting any
modification of the conditions contained in that decision letter.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 18, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-04670 Filed 3-2-16; 8:45 am]
 BILLING CODE 4910-06-P