[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Notices]
[Pages 21889-21890]
[FR Doc No: 2022-07934]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-D-0603 and FDA-2021-D-0604]

Performance Criteria for Safety and Performance Based Pathway;
Guidance for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of two final device-specific guidance documents for
the Safety and Performance Based Pathway--specifically, ``Denture Base
Resins--Performance Criteria for Safety and Performance Based Pathway;
Guidance for Industry and Food and Drug Administration Staff'' and
``Facet Screw Systems--Performance Criteria for Safety and Performance
Based Pathway; Guidance for Industry and Food and Drug Administration
Staff.'' The device-specific guidances identified in this notice were
developed in accordance with the final guidance entitled ``Safety and
Performance Based Pathway.''

DATES: The announcement of the guidance is published in the Federal
Register on April 13, 2022.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-D-0603 for ``Denture Base Resins--Performance Criteria for
Safety and Performance Based Pathway; Guidance for Industry and Food
and Drug Administration Staff'' or Docket No. FDA-2021-D-0604 for
``Facet Screw Systems--Performance Criteria for Safety and Performance
Based Pathway; Guidance for Industry and Food and Drug Administration
Staff.'' Received comments will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Denture Base Resins--Performance Criteria for Safety and Performance
Based Pathway; Guidance for Industry and Food and Drug Administration
Staff'' or ``Facet Screw Systems--Performance Criteria for Safety and
Performance Based Pathway; Guidance for Industry and Food and Drug
Administration Staff'' to the Office of Policy, Center for Devices

and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.

FOR FURTHER INFORMATION CONTACT: Jason Ryans, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1613, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    These device-specific guidance documents provide performance
criteria for premarket notification (510(k)) submissions to support the
optional Safety and Performance Based Pathway, as described in the
guidance entitled ``Safety and Performance Based Pathway.'' \1\ As
described in that guidance, substantial equivalence is rooted in
comparisons between new devices and predicate devices. However, the
Federal Food, Drug, and Cosmetic Act does not preclude FDA from using
performance criteria to facilitate this comparison. If a legally
marketed device performs at certain levels relevant to its safety and
effectiveness, and a new device meets those levels of performance for
the same characteristics, FDA could find the new device as safe and
effective as the legally marketed device. Instead of reviewing data
from direct comparison testing between the two devices, FDA could
support a finding of substantial equivalence with data demonstrating
the new device meets the level of performance of an appropriate
predicate device(s). Under this optional Safety and Performance Based
Pathway, a submitter could satisfy the requirement to compare its
device with a legally marketed device by, among other things,
independently demonstrating that the device's performance meets
performance criteria as established in the above-listed guidances,
rather than using direct predicate comparison testing for some of the
performance characteristics.
---------------------------------------------------------------------------

    \1\ Available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/safety-and-performance-based-pathway.
---------------------------------------------------------------------------

    A notice of availability of the draft guidances ``Denture Base
Resins'' and ``Facet Screw Systems'' appeared in the Federal Register
of August 30, 2021 (86 FR 48430). FDA considered comments received on
the ``Denture Base Resins'' and revised the guidance as appropriate by
clarifying what information should be included in premarket submissions
for denture resins that are additively manufactured. There were no
comments received for the ``Facet Screw Systems'' guidance.
    These guidance documents are being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The guidance
documents represent the current thinking of FDA on performance criteria
for ``Denture Base Resins'' and ``Facet Screw Systems.'' They do not
establish any rights for any person and are not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov or https://www.fda.gov/regulatory-information/search-fda-guidance-documents. Persons unable to
download an electronic copy of either ``Denture Base Resins--
Performance Criteria for Safety and Performance Based Pathway; Guidance
for Industry and Food and Drug Administration Staff (document number
20001)'' or ``Facet Screw Systems--Performance Criteria for Safety and
Performance Based Pathway; Guidance for Industry and Food and Drug
Administration Staff (document number 21001)'' may send an email
request to [email protected] to receive an electronic copy of
the document. Please use the document number and complete title to
identify the guidance you are requesting.

III. Paperwork Reduction Act of 1995

    While these guidance documents contain no new collection of
information, they do refer to previously approved FDA collections of
information. Therefore, clearance by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3501-3521) is not required for these guidance documents. The previously
approved collections of information are subject to review by OMB under
the PRA. The collections of information in the following FDA
regulations and guidance have been approved by OMB as listed in the
following table:

----------------------------------------------------------------------------------------------------------------
           21 CFR part or guidance                       Topic                       OMB control No.
----------------------------------------------------------------------------------------------------------------
807, subpart E...............................  Premarket notification..                                0910-0120
``Requests for Feedback and Meetings for       Q-submissions; Pre-                                     0910-0756
 Medical Device Submissions: The Q-Submission   submissions.
 Program''.
----------------------------------------------------------------------------------------------------------------

    Dated: April 8, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-07934 Filed 4-12-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Page 53438]
[FR Doc No: 2011-21825]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12869-003; Project No. 14096-000]

Free Flow Power Corporation; Northland Power Mississippi River
LLC; Notice of Competing Preliminary Permit Applications Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

    On January 11, 2011, Free Flow Power Corporation (Free Flow) and
Northland Power Mississippi River LLC (Northland) filed preliminary
permit applications, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of developing hydropower projects
hydropower on the Mississippi River, in Ascension and St. James
Parishes, Louisiana. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed projects are described as follows:

    Free Flow's hydrokinetic Project, Project No. 12869-003 would
consist of: (1) Up to 2,300 SmartTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 92,000 kilowatts; (3) flexible cables
would convey each arrays power to a metering station; and (4) a
transmission line would interconnect with the power grid. The
proposed project would have an average annual generation of
209,228,700 kilowatt-hours (kWh), which would be sold to a local
utility.
    Northland's hydrokinetic Project, Project No. 14096-000 would
consist of: (1) Up to 340 TREK generating units installed in a
matrix on the bottom of the river; (2) the total capacity of the
installation would be up to 85,000 kilowatts; (3) shielded
underwater cables would convey each matrix power to a substation;
and (4) a transmission line would interconnect with the power grid.
The proposed project would have an average annual generation of
745,000,000 kWh, which would be sold to a local utility.
    Applicants Contact: For Free Flow: Ramya Swaminathan, Free Flow
Power Corporation, 239 Causeway Street, Boston, MA 02114; phone
(978) 283-2822. For Northland: Tim Richardson, 30 St. Clair Avenue
West 17th Floor, Toronto, Ontario, Canada; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.

    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications 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.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12869-003, or P-14096-000) in the docket
number field to access the document. For assistance, contact FERC
Online Support.

    Dated: August 18, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21825 Filed 8-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Notices]
[Pages 22212-22216]
[FR Doc No: 2020-08368]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88638; File No. SR-CBOE-2020-032]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend Its Fees Schedule

April 15, 2020.
    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 April 1, 2020, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its fees schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

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

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

1. Purpose
    The Exchange proposes to make various amendments to its Fees
Schedule, including amending Footnote 12 of the Fees Schedule,
effective April 1, 2020. By way of background, Footnote 12 governs
pricing changes in the event the Exchange trading floor becomes
inoperable. Particularly, in the event the trading floor becomes
inoperable, the Exchange will continue to operate in a screen-based
only environment using a floorless configuration of the System that is
operational while the trading floor facility is inoperable. The
Exchange would operate using that configuration only until the
Exchange's trading floor facility became operational. Open outcry
trading would not be available in the event the trading floor becomes
inoperable. The exchange initially adopted Footnote 12 in anticipation
of the temporary closing of the trading floor in the middle of March
2020 to help prevent the spread of the novel coronavirus. As of March
16, 2020, the Exchange suspended open outcry trading and is currently
operating in an all-electronic configuration. In light of the extended
closure of the trading floor, the Exchange proposes to update a number
of its previous fee changes and adopt new pricing changes that the
Exchange believes is appropriate when the trading floor is inoperable
for an extended period of time.
    Footnote 12 of the Fees Schedule currently provides that in the
event the trading floor becomes inoperable, holders of a Market-Maker
Floor Permit will be entitled to act as an electronic Market-Maker and
holders of a Floor Broker Permit will be entitled to access the
Exchange electronically to submit orders to the Exchange, at no further
cost. Generally, in order to act as a Market-Maker electronically a
Trading Permit Holder (``TPH'') must purchase a Market-Maker Electronic
Access Permit (``MM EAP''). In order to access the Exchange
electronically and submit orders to the Exchange, a TPH must purchase
an ``Electronic Access Permit'' (``EAP''). Conversely, TPHs that wish
to act as a Market-Maker on the floor have to purchase a Market-Maker
Permit and TPHs that wish to act as a Floor Broker on the floor of the
Exchange have to purchase a Floor Broker Permit. Effective March 16,
2020, the Exchange proposed to provide that holders of a Market-Maker
Floor Permit and Floor Broker Permit were entitled to operate
electronically in their registered capacity at no additional cost
(i.e., not charge for an additional Market-Maker Electronic Access
Permit or Electronic Access Permit). This proposal was adopted in order
to encourage floor-based market participants to continue to participate
on the Exchange electronically if the trading floor becomes inoperable
for the remainder of the month.\3\ The Exchange now proposes to provide
that any floor Market-Maker or Floor Broker that did not also already
hold a MM EAP or EAP, respectively, will be assessed the monthly fee
for one MM EAP or EAP, respectively, should such participant wish to
continue to participate electronically on the Exchange while the
trading floor is inoperable. The Exchange also proposes to provide that
in the event that the trading floor reopens mid-month, that floor
Trading Permit fees would be pro-rated based on the remaining trading
days in that calendar month.
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    \3\ See Securities and Exchange Act Release No. 88426 (March 19,
2020), 85 FR 16978 (March 25, 2020) (SR-CBOE-2020-021).
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    The Exchange next proposes to eliminate an exception relating to
the Market-Maker EAP Appointments Sliding Scale. Currently, Footnote 12
provides that for purposes of the Market-Maker EAP Appointments Sliding
Scale, the total quantity will be determined by the highest quantity
used at any point during the month excluding additional quantity added
during the time the Exchange operates in a screen-based only
environment. By of way of background, Electronic Market-Makers must
select appointments and are charged for one or more ``Appointment
Units'' (which are scaled from 1 ``unit'' to more than 5 ``units''),
depending on which classes they elect appointments in. Appointment
weights for each appointed class are set forth in Cboe Options Rule
5.50(g) and are summed for each Market-Maker in order to determine the
total Appointment Units, to which fees will be assessed. To determine
final fees, historically the total quantity was determined by the
highest quantity used at any point during the month. In anticipation of
the trading floor closing mid-month, the Exchange amended its fees
schedule to exclude from the total Appointment Units any additional
quantity added during the time the Exchange operates in a screen-based
only environment, in order to encourage continued participation on the
Exchange by Market-Makers for the remainder of the month. The Exchange
wishes to eliminate this exclusion in light of the continued trading
floor closure, as Market-Makers would otherwise be able to add
appointments unrelated to the floor closure throughout the month at no
cost.
    The Exchange next proposes to waive the following Facility Fees for
as long as the trading floor is inoperable as such services and
products cannot be utilized while the trading floor is closed:

------------------------------------------------------------------------
              Description                              Fee
------------------------------------------------------------------------
Standard Booth Rental Fees.............  $195/month (Perimeter); $550/
                                          month (OEX, Dow Jones/MNX/
                                          VIX).
Non Standard Booth Rental Fees.........  $1,250/month; $1.70 per sq ft./
                                          month.
Access Badges..........................  $130/month (Floor Manager); $70/
                                          month (Clerks).
Printer Maintenance....................  $75/month.
Wireless Phone Rental..................  $110/month.
ExchangeFone Maintenance...............  $57/month.
Single Line Maintenance................  $11.50/month.
Lines--Intra Floor.....................  $57.75/per month.
Lines--Voice Circuits..................  $16/month.
Data Circuits (DC) at Local Carrier      $16/month.
 (entrance).
DC @In-House Frame--Lines Between Comms  $12.75/month.
 Center and Trading Floor.

DC @In-House Frame--Lines between Local  $12.75/month.
 Carrier and Comms Center.
DC @In-House Frame--Lines Direct from    $12.75/month.
 Local Carrier to Trading Floor.
Arbitrage Phone Positions..............  $550/month.
PAR Workstation........................  $125/month.
Satellite TV...........................  $50/month.
Cboe Options Trading Floor Terminal....  $250/month.
Thomas/Refinitive/Other (Basic Service)  $425/month.
------------------------------------------------------------------------

    Should the trading floor re-open mid-month, the Exchange shall
assess the fees listed above on a pro-rated basis for the remainder of
the month.
    The Exchange next proposes to amend a current waiver of Routing
Fees. Currently, the Exchange assesses certain fees in connection with
orders routed to other exchanges. The Fees Schedule provides however,
that it will not pass through or otherwise charge customer orders (of
any size) routed to other exchanges that were originally transmitted to
the Exchange from the trading floor through an
Exchange[hyphen]sponsored terminal (e.g., a PULSe Workstation).\4\ The
Exchange proposes to eliminate the requirement that a customer order be
transmitted to the Exchange from the trading floor in the event the
trading floor is inoperable. More specifically, the Exchange proposes
to provide that it will not pass through or otherwise charge customer
orders (of any size) routed to other exchanges that were originally
transmitted to the Exchange from a registered Floor Broker through an
Exchange[hyphen]sponsored terminal (e.g., a PULSe Workstation). The
Exchange notes that the primary objective of routing fees are to recoup
some of the costs associated with large electronic orders that are
initially transmitted to the Exchange by parties who, in many
instances, could be seeking to avoid being assessed another market's
transaction fees. The Exchange adopted the current waiver because
orders that are initially transmitted from the trading floor are not
attempting to avoid fees since they incur brokerage commission charges
in connection with manual handling.\5\ Rather, orders that are
generally transmitted from the floor are large, complex orders that are
primarily executed on the Exchange, which only are transmitted to away
markets if, during their execution on the Exchange, it is necessary to
sweep some away markets. As such, the Exchange believed it was
appropriate to waive linkage fees for these orders. The Exchange
believes the waiver should apply to the same type of orders even when
the Exchange operates in a screen-based only environment. Particularly,
the Exchange notes that customer orders may still incur brokerage
commission charges when the operates in a screen-based only environment
in connection with handling by registered Floor Brokers (who may
participate electronically when the trading floor is inoperable, as
discussed above). As such, the Exchange believes it's appropriate to
continue to apply the waiver to such orders that are still handled by
Floor Brokers, albeit in a screen-based only environment instead of the
trading floor, and still otherwise incur brokerage commission charges.
---------------------------------------------------------------------------

    \4\ See Cboe Options Fees Schedule, Routing Fees.
    \5\ See Securities and Exchange Act Release No. 87799 (December
18, 2019), 84 FR 71021 (December 26, 2019) (SR-CBOE-2019-124).
---------------------------------------------------------------------------

    Lastly, the Exchange proposes to eliminate language in the notes
section of the Logical Connectivity Fees Table. Currently, fees for one
FIX Logical Port used to access PULSe and one FIX Logical Port
connection used to access Cboe Silexx (for FLEX trading purposes) will
be waived per TPH. The Exchange notes that when it adopted this fee
waiver, Cboe Silexx only supported direct access to the Exchange for
trading of FLEX options. The Exchange anticipates expanding the current
Cboe Silexx platform to also support the trading of non-FLEX options in
the near future. As such, the Exchange proposes to eliminate ``(for
FLEX trading purposes)'' such that the waiver may apply to the use of
Silexx for trading of FLEX and non-FLEX options.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\8\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change to allow holders of
Floor Trading Permits to operate in their registered capacity
electronically at the cost of one MM EAP or EAP, respectively, is
reasonable as such market participants would be paying the same amount
as any other market participant that holds a MM EAP or EAP,
respectively. The Exchange notes floor participants would also pay less
than the amount otherwise charged for floor Trading Permits. The
Exchange notes that it wishes to encourage floor-based market
participants to continue to participate on the Exchange electronically
when the Exchange must operate in a screen-based only environment, but
also notes it does not believe it's appropriate to allow such TPHs to
participate on the Exchange indefinitely at no cost, while other
participants are still subject to Trading Permit fees. The Exchange
believes the proposed rule change is equitable and not unfairly
discriminatory as all such floor participants will be treated equally.
Indeed, all similarly situated market participants will be treated
equally as all such market participants will be subject to the same
electronic Trading Permit fees.
    The Exchange believes the proposal to eliminate the exclusion of
Appointment

Units added during a time when the Exchange operates in a screen-based
only environment toward the total quantity of Appointment Units for
purposes of calculating the Market-Maker EAP Appointments Sliding Scale
is reasonable, as the Exchange now expects the trading floor to be
inoperable for an extended period of time. Particularly, as noted
above, the Exchange adopted the current exclusion in anticipation of
closing the trading floor mid-month (in March 2020) in order to
encourage Market-Makers to continue to quote for the remainder of the
month in classes electronically that they quoted on the trading floor.
The Exchange notes however, that if the trading floor remains closed
for an extended period of time, the current exclusion would ``freeze''
each Market-Makers Appointment Unit weight to the highest quantity
maintained between March 1-March 13, 2020 (the last day the trading
floor was open). For example, absent the proposed change, if the
trading floor remains closed for the entire calendar months of April
and May, any Market-Maker, including Market-Makers that historically
only participated electronically, would be able to continuously add new
appointments at no further cost, even if such appointment was unrelated
to the trading floor being unavailable. The Exchange also notes that it
is not required to maintain the current exclusion in the Fees Schedule.
The proposed change is equitable and not unfairly discriminatory
because it will apply uniformly to all similarly situated market
participants, as it will apply to all Market-Makers.
    The Exchange believes the proposal to waive the identified facility
fees is reasonable as market participants won't be subject to such
fees. The listed facility fees each apply to a product or service that
may only be utilized when the trading floor is open and operable. The
Exchange believes it's therefore appropriate to waive such fees when
the Exchange operates in a screen-based only environment. The Exchange
also believes its appropriate to pro-rate such fees if the trading
floor reopens mid-month as market participants will have the benefit of
using such services/products for the remainder of the month. The
Exchange believes the proposed rule change is equitable and not
unfairly discriminatory as it applies equally to all market
participants.
    The Exchange next believes it's reasonable and appropriate to waive
certain routing fees for customer orders that were transmitted by a
registered Floor Broker through an Exchange sponsored terminal
(currently only PULSe workstation) when the trading floor is inoperable
as customers would not be subject to these fees. As noted above, the
Exchange adopted the current waiver because orders that are initially
transmitted from the trading floor are not attempting to avoid fees
since they incur brokerage commission charges in connection with manual
handling.\9\ Rather, orders that are generally transmitted from the
floor are large, complex orders that are primarily executed on the
Exchange, which only are transmitted to away markets if, during their
execution on the Exchange, it is necessary to sweep some away markets.
As such, the Exchange believed it was appropriate to waive linkage fees
for these orders. The Exchange believes it's reasonable and appropriate
that the waiver should apply to the same type of orders even when the
Exchange operates in a screen-based only environment. As discussed,
customer orders may still incur brokerage commission charges when the
Exchange operates in a screen-based only environment in connection with
handling by registered Floor Brokers (who may participate
electronically when the trading floor is inoperable). As such, the
Exchange believes it's appropriate to modify the waiver to eliminate
the requirement that such order be transmitted from the trading floor
and instead provide that it be transmitted by a registered Floor
Broker, as such order is still incurring a brokerage commission charge
and otherwise being handled by a Floor Broker (albeit in an electronic
environment instead of on the trading floor). The proposed waiver is
equitable and not unfairly discriminatory as it would apply to all
similarly situated market participants.
---------------------------------------------------------------------------

    \9\ See Securities and Exchange Act Release No. 87799 (December
18, 2019), 84 FR 71021 (December 26, 2019) (SR-CBOE-2019-124).
---------------------------------------------------------------------------

    Lastly, the Exchange believes its proposal to modify the notes
section of the Logical Connectivity Fees Table in order to provide that
the current fee waiver for one FIX Logical Port may apply to Cboe
Silexx for both FLEX and non-FLEX trading purposes is reasonable as
such users of Cboe Silexx that trade non-FLEX options will not be
subject to the FIX Logical Port fee. As discussed, when the Exchange
adopted the current logical connectivity fees, Cboe Silexx only
supported direct access for trading of FLEX options only. As the
Exchange proposes to expand the Cboe Silexx platform shortly to support
the trading of non-FLEX options, the Exchange believes it's appropriate
to eliminate the ``for FLEX trading purposes'' language and apply the
fee waiver to Cboe Silexx generally. The proposed waiver is equitable
and not unfairly discriminatory as it would apply to all similarly
situated market participants.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition that are not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes the
proposed changes relating to Footnote 12 are not intended to address
any competitive issue, but rather to address fee changes it believes
are reasonable because the trading floor remains inoperable, thereby
only permitting electronic participation on the Exchange. The Exchange
does not believe that the proposed rule change will impose any burden
on intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed changes
apply equally to all similarly situated market participants.
Additionally, the proposed change to eliminate the restriction that the
FIX Logical Port fee waivers applies to Cboe Silexx for FLEX trading
only is also not intended to address any competitive issue, but rather
extend the current waiver to the new version of Silexx that will also
support non-FLEX trading, which would apply to all users of Silexx. The
Exchange does not believe that the proposed rule changes will impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed changes only affect trading on the Exchange in limited
circumstances.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and paragraph (f) of Rule 19b-4 \11\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the

public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act. If the Commission takes such
action, the Commission will institute proceedings to determine whether
the proposed rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

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-CBOE-2020-032 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-CBOE-2020-032. 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-CBOE-2020-032 and should be submitted on
or before May 12, 2020.

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-08368 Filed 4-20-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67892-67893]
[FR Doc No: 2022-24535]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-21-000.
    Applicants: Sandy Ridge Wind 2, LLC.
    Description: Sandy Ridge Wind 2, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5112.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: EG23-22-000.
    Applicants: Sandy Ridge Transco Interconnection, LLC.
    Description: Sandy Ridge Transco Interconnection, LLC submits
Notice of Self-Certification of Exempt Wholesale Generator Status.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5113.
    Comment Date: 5 p.m. ET 11/25/22.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER22-1728-003.
    Applicants: Basin Electric Power Cooperative.
    Description: Compliance filing: Basin Electric Submission of
Compliance Filing, Docket No. ER22-1728-002 to be effective 4/30/2022.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5022.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: ER23-1-001.
    Applicants: ITC Midwest LLC, Interstate Power and Light Company.
    Description: Tariff Amendment: Interstate Power and Light Company
submits tariff filing per 35.17(b): Amendment to O&T Agreement Exhibits
and Appendices Update (2022) to be effective 12/2/2022.

    Filed Date: 11/4/22.
    Accession Number: 20221104-5072.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: ER23-225-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment: Errata to Q3 2022 Qtrly Filing of
City and County of San Francisco's WDT SA 275 to be effective 9/30/
2022.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5085.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: ER23-370-000.
    Applicants: New England Power Company.
    Description: New England Power Company submits Request for Limited
Waiver of certain provisions in the formula rate template in Attachment
F of the ISO New England Inc. OATT.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5203.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-371-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Fresh Air Energy II
(Castleberry PV1) LGIA Filing to be effective 10/26/2022.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5070.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: ER23-372-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: Indian Springs Solar LGIA Termination Filing to be
effective 11/4/2022.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5071.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: ER23-373-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: Boggy Branch Solar LGIA Termination Filing to be
effective 11/4/2022.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5074.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: ER23-374-000.
    Applicants: Southwestern Public Service Company, Southwest Power
Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Southwestern Public Service
Company submits tariff filing per 35.13(a)(2)(iii: SPS Formula Rate
Revisions to Incorporate Changes Accepted in ER22-2746 to be effective
5/19/2021.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5079.
    Comment Date: 5 p.m. ET 11/25/22.

    Docket Numbers: ER23-375-000.
    Applicants: Colice Hall Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate Authority to be effective 12/15/2022.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5119.
    Comment Date: 5 p.m. ET 11/25/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at:http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 4, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-24535 Filed 11-9-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1812-1813]
[FR Doc No: 2019-00944]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85005; File No. SR-NYSE-2018-54]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of Longer Period for Commission Action on a
Proposed Rule Change Amending Sections 312.03 and 312.04 of the Listed
Company Manual To Amend the Price Requirements for Certain Exceptions
From the Shareholder Approval Rules

January 30, 2019.
    On December 3, 2018, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Sections 312.03 and 312.04 of the Listed
Company Manual to modify the price requirements that companies must
meet in order to avail themselves of certain exceptions from the
shareholder approval requirements set forth in Section 312.03. The
proposed rule change was published for comment in the Federal Register
on December 20, 2018.\3\ No comments have been received on the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84821 (December 14,
2018), 83 FR 65378 (December 20, 2018).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of the notice of the filing of a proposed rule change,
or within such longer period up to 90 days as the Commission may
designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or as to which the self-regulatory
organization consents, the Commission shall approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether the proposed rule change should be disapproved.
The 45th day after publication of the notice for this proposed rule
change is February 3, 2019. The Commission is extending this 45-day
time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates March

20, 2019, as the date by which the Commission should approve,
disapprove, or institute proceedings to determine whether to disapprove
the proposed rule change (File No. SR-NYSE-2018-54).
---------------------------------------------------------------------------

    \5\ Id.
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-00944 Filed 2-4-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Notices]
[Pages 51649-51654]
[FR Doc No: 2019-21094]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87095; File No. SR-CboeBZX-2019-083]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change Regarding Certain Changes to
Investments of the Aptus Collared Income Opportunity ETF, a Series of
ETF Series Solutions

September 24, 2019.
    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 September 16, 2019, Cboe BZX Exchange, Inc. (the ``Exchange''
or ``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes a rule change to allow the Aptus Collared
Income Opportunity ETF (the ``Fund''), a series of ETF Series Solutions
(the ``Trust''), to hold certain instruments in a manner that does not
necessarily comply with Rule 14.11(i) (``Managed Fund Shares''). The
shares of the Fund are referred to herein as the ``Shares.''
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Shares are currently listed on the Exchange pursuant to the
generic listing standards applicable to Managed Fund Shares under Rule
14.11(i) \5\ (the ``Generic Listing Standards'') and began trading on
July 10, 2019. While the Fund currently meets all of the Generic
Listing Standards, the Adviser would like to increase the flexibility
of the Fund's holdings in a way that might not meet such requirements.
As such, the Exchange submits this proposal in order

to allow the Shares to continue listing and trading on the Exchange
while holding certain listed derivatives in a manner that may not
comply with Rule 14.11(i)(4)(C)(iv)(b).\6\ Specifically, the Exchange
is proposing to allow the Fund to hold options on the S&P 500 Index
(``SPX Options'') and/or options on the SPDR S&P 500 ETF Trust
(``SPY'') (``SPY Options'' and, collectively with SPX Options, ``S&P
500 Options'') in a manner that exceeds both the 30% Limit and the 65%
Limit. Otherwise, the Fund will continue to comply with all other
listing standards on an initial and continued listing basis under Rule
14.11(i). As noted above, the Fund currently meets the Generic Listing
Standards and will continue to meet the Generic Listing Standards until
and unless this proposal becomes operative.
---------------------------------------------------------------------------

    \5\ The Commission approved Rule 14.11(i) in Securities Exchange
Act Release No. 65225 (August 30, 2011), 76 FR 55148 (September 6,
2011) (SR-BATS-2011-018).
    \6\ Rule 14.11(i)(4)(C)(iv)(b) provides that ``the aggregate
gross notional value of listed derivatives based on any five or
fewer underlying reference assets shall not exceed 65% of the weight
of the portfolio (including gross notional exposures) (the ``65%
Limit''), and the aggregate gross notional value of listed
derivatives based on any single underlying reference asset shall not
exceed 30% of the weight of the portfolio (including gross notional
exposures) (the ``30% Limit'').''
---------------------------------------------------------------------------

    The Exchange notes that the proposed exceptions to the Generic
Listing Standards included in this proposal are substantively identical
to exceptions previously approved by the Commission and do not raise
any new issues that the Commission has not previously contemplated.\7\
---------------------------------------------------------------------------

    \7\ The Exchange notes that this proposal is very similar to
several previously submitted proposals to list and trade a series of
Index Fund Shares (which are referred to as Investment Company Units
under the rules of NYSE Arca, Inc.) and Managed Fund Shares with
exposures to a single underlying reference asset that were either
approved by the Commission or effective upon filing. See Securities
Exchange Act Release Nos. 83146 (May 1, 2018), 83 FR 20103 (May 7,
2018) (SR-CboeBZX-2018-029); 83679 (July 20, 2018), 83 FR 35505
(July 26, 2018); 77045 (February 3, 2016), 81 FR 6916 (February 9,
2016) (SR-NYSEArca-2015-113) (the ``Amendment''); and 74675 (April
8, 2015), 80 FR 20038 (April 14, 2015) (SR-NYSEArca-2015-05)
(collectively, with the Amendment, the ``Arca Filing'').
---------------------------------------------------------------------------

    The Shares are offered by the Trust, which was established as a
Delaware statutory trust on February 9, 2012.\8\ The Trust is
registered with the Commission as an open-end investment company and
has filed a registration statement on behalf of the Fund on Form N-1A
(``Registration Statement'') with the Commission.\9\ Aptus Capital
Advisors, LLC (the ``Adviser'') serves as investment adviser to the
Fund. Rule 14.11(i)(7) provides that, if the investment adviser to the
investment company issuing Managed Fund Shares is affiliated with a
broker-dealer, such investment adviser shall erect a ``fire wall''
between the investment adviser and the broker-dealer with respect to
access to information concerning the composition and/or changes to such
investment company portfolio.\10\ In addition, Rule 14.11(i)(7) further
requires that personnel who make decisions on the investment company's
portfolio composition must be subject to procedures designed to prevent
the use and dissemination of material nonpublic information regarding
the applicable investment company portfolio. The Adviser is not a
broker-dealer and is not affiliated with a broker-dealer. In addition,
Adviser personnel who make decisions regarding the Fund's portfolio are
subject to procedures designed to prevent the use and dissemination of
material nonpublic information regarding the Fund's portfolio. In the
event that (a) the Adviser becomes registered as a broker-dealer or
newly affiliated with a broker-dealer, or (b) any new adviser or sub-
adviser is a registered broker-dealer or becomes affiliated with a
broker-dealer, it will implement and maintain a fire wall with respect
to its relevant personnel or such broker-dealer affiliate, as
applicable, regarding access to information concerning the composition
and/or changes to the portfolio, and will be subject to procedures
designed to prevent the use and dissemination of material non-public
information regarding such portfolio.
---------------------------------------------------------------------------

    \8\ The Commission has issued an order, upon which the Trust may
rely, granting certain exemptive relief under the 1940 Act. See
Investment Company Act Release No. 32110 (May 10, 2016) (File No.
812-14604).
    \9\ See Registration Statement on Form N-1A for the Trust, dated
April 26, 2019 (File Nos. 333-179562 and 811-22668). The
descriptions of the Fund and the Shares contained herein are based,
in part, on information in the Registration Statement.
    \10\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and its related personnel are
subject to the provisions of Rule 204A-1 under the Advisers Act
relating to codes of ethics. This Rule requires investment advisers
to adopt a code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
---------------------------------------------------------------------------

Aptus Collared Income Opportunity ETF
    According to the Registration Statement, the Fund seeks current
income and capital appreciation. The Fund is an actively-managed
exchange-traded fund (``ETF'') that seeks to achieve its investment
objective principally by investing in a portfolio of large
capitalization U.S.-listed equity securities and an options collar
(i.e., a mix of written (sold) call options and long (bought) put
options) on the same underlying equity securities. The equity
securities and options held by the Fund must be listed on a U.S.-
exchange.
    The Adviser selects the Fund's equity securities based on the
Adviser's assessment of the likelihood that the dividends paid by the
issuer will increase or remain stable and based on the liquidity of the
options available for such security. The Adviser considers factors
primarily related to yield, earnings growth, revenue growth, and
distribution history in assessing the likelihood that the dividends
paid by an issuer will increase or remain stable. The Fund's portfolio
will typically consist of approximately 30 equity securities across a
variety of industries, with generally no more than 30% of the Fund's
net assets invested in companies in a single sector. The Fund's options
collar strategy typically consists of two components: (i) Selling
covered call options on up to 100% of the equity securities held by the
Fund to generate premium from such options, while (ii) simultaneously
reinvesting a portion of such premium to buy put options on all or a
significant portion of an equity position held by the Fund to ``hedge''
or mitigate the downside risk associated with owning equity securities.
The Fund seeks to generate income from the combination of dividends
received from the equity securities held by the Fund and premiums
received from the sale of options.
    The equity securities held by the Fund will meet the requirements
of Rule 14.11(i)(4)(C)(i)(a) and the single equity options contracts
will meet the requirements of Rule 14.11(i)(4)(C)(iv)(a) and (b).
    In addition to the above described principal investment strategy,
the Fund may also invest in a ``bull call spread'' options strategy as
a non-principal investment strategy. The Fund's bull call spread
strategy entails (i) the purchase of at-the-money call S&P 500 Options
(i.e., call options with a strike price roughly equal to the current
price

of the underlying asset); and (ii) writing (selling) out-of-the-money
call S&P 500 Options (i.e., call options with a strike price higher
than the current price of the underlying asset). The Adviser expects to
generally invest less than 5% of the Fund's net assets in the bull call
spread options strategy, however, the gross notional value of such
positions may exceed the 30% Limit and the 65% Limit.
S&P 500 Options
    The market for options contracts on the S&P 500 Index traded on
Cboe Exchange, Inc. (``Cboe Options'') is among the most liquid markets
in the world. In August 2019, approximately 1.488 million options
contracts on the S&P 500 Index were traded per day, which is more than
$430 billion in notional volume traded on a daily basis. Similarly,
more than 75 million options contracts referencing SPY were traded in
August 2019, representing more than $105 billion in notional volume on
a daily basis. The Exchange believes that sufficient protections are in
place to protect against market manipulation of the Fund's Shares and
S&P 500 Options for several reasons: (i) The diversity, liquidity, and
market cap of the securities underlying the S&P 500 Index; (ii) the
significant liquidity in the market for SPX Options and SPY Options;
and (iii) surveillance by the Exchange, Cboe Options, other U.S.
options exchanges, and the Financial Industry Regulatory Authority
(``FINRA'') designed to detect violations of the federal securities
laws and self-regulatory organization (``SRO'') rules. The Exchange has
in place a surveillance program for transactions in ETFs to ensure the
availability of information necessary to detect and deter potential
manipulations and other trading abuses, thereby making the Shares less
readily susceptible to manipulation. Further, the Exchange believes
that because the S&P 500 Options in the Fund's portfolio will be
acquired in extremely liquid and highly regulated markets,\11\ the
Shares are less readily susceptible to manipulation.
---------------------------------------------------------------------------

    \11\ All exchange-listed securities that the Fund may hold will
trade on a market that is a member of the Intermarket Surveillance
Group (``ISG'') and the Fund will not hold any non-exchange-listed
equities or options, however, not all of the components of the
portfolio for the Fund may trade on exchanges that are members of
the ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. For a list of the current members of
ISG, see www.isgportal.org.
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    The Exchange believes that its surveillance procedures are adequate
to properly monitor the trading of the Shares on the Exchange during
all trading sessions and to deter and detect violations of Exchange
rules and the applicable federal securities laws. Trading of the Shares
through the Exchange will be subject to the Exchange's surveillance
procedures for derivative products, including Managed Fund Shares. All
statements and representations made in this filing regarding (a) the
description of the portfolio and reference assets, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange rules shall constitute continued listing requirements for
listing the Shares on the Exchange. The issuer has represented to the
Exchange that it will advise the Exchange of any failure by the Fund or
the Shares to comply with the continued listing requirements, and,
pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will surveil for compliance with the continued listing
requirements. If the Fund or the Shares are not in compliance with the
applicable listing requirements, then the Exchange will commence
delisting procedures under Exchange Rule 14.12. FINRA conducts certain
cross-market surveillances on behalf of the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for FINRA's
performance under this regulatory services agreement. If the Fund is
not in compliance with the applicable listing requirements, the
Exchange will commence delisting procedures for the Fund under Exchange
Rule 14.12.
    The Exchange or FINRA, on behalf of the Exchange, will communicate
as needed regarding trading in the Shares and exchange-traded options
contracts with other markets and other entities that are members of the
ISG and may obtain trading information regarding trading in the Shares
as well as the equities and exchange-traded options contracts held by
the Fund from such markets and other entities. In addition, the
Exchange may obtain information regarding trading in the Shares,
equities, and exchange-traded options contracts from markets and other
entities that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement. In addition, the
Exchange also has a general policy prohibiting the distribution of
material, non-public information by its employees.
    As noted above, SPX Options and SPY Options are among the most
liquid options in the world and derive their value from the actively
traded S&P 500 Index components. The contracts trade in competitive
auction markets with price and quote transparency. The Exchange
believes the highly regulated options markets and the broad base and
scope of the S&P 500 Index make securities that derive their value from
that index less susceptible to market manipulation in view of market
capitalization and liquidity of the S&P 500 Index components, the
market cap and liquidity of SPY, price and quote transparency, and
arbitrage opportunities.
    The Exchange believes that the liquidity of the markets for SPY,
S&P 500 Index securities, SPX Options, and SPY Options, and other
related derivatives is sufficiently great to deter fraudulent or
manipulative acts associated with the price of the Shares. The Exchange
also believes that such liquidity is sufficient to support the creation
and redemption mechanism. Coupled with the extensive surveillance
programs of the SROs described above, the Exchange does not believe
that trading in the Shares would present manipulation concerns.
    The Exchange represents that, except for the limitations on listed
derivatives in BZX Rule 14.11(i)(4)(C)(iv)(b), the Fund's proposed
investments will satisfy, on an initial and continued listing basis,
all of the generic listing standards under BZX Rule 14.11(i)(4)(C) and
all other applicable requirements for Managed Fund Shares under Rule
14.11(i). The Trust is required to comply with Rule 10A-3 under the Act
for the initial and continued listing of the Shares of the Fund. In
addition, the Exchange represents that the Shares of the Fund will
continue to comply with all other requirements applicable to Managed
Fund Shares, which includes the dissemination of key information such
as the Disclosed Portfolio,\12\ Net Asset Value,\13\ and the Intraday
Indicative Value,\14\ suspension of trading or removal,\15\ trading
halts,\16\ surveillance,\17\ minimum price variation for quoting and
order entry,\18\ and the information circular,\19\ as set forth in
Exchange rules applicable to Managed Fund Shares. Further, all
statements or representations regarding the description of the
portfolio or reference assets, limitations on portfolio holdings or
reference assets, dissemination and availability of index, reference
asset, and intraday indicative values, or the applicability of Exchange
listing rules shall constitute continued listing

requirements for the Fund. Moreover, all of the options contracts held
by the Fund will trade on markets that are a member of ISG or
affiliated with a member of ISG or with which the Exchange has in place
a comprehensive surveillance sharing agreement. Quotation and last sale
information for U.S. exchange-listed options contracts cleared by The
Options Clearing Corporation will be available via the Options Price
Reporting Authority. The intra-day, closing and settlement prices of
exchange-traded options will be readily available from the options
exchanges, automated quotation systems, published or other public
sources, or online information services such as Bloomberg or Reuters.
Price information on cash equivalents is available from major broker-
dealer firms or market data vendors, as well as from automated
quotation systems, published or other public sources, or online
information services.
---------------------------------------------------------------------------

    \12\ See Rule 14.11(i)(4)(A)(ii) and 14.11(i)(4)(B)(ii).
    \13\ See Rule 14.11(i)(4)(A)(ii).
    \14\ See Rule 14.11(i)(4)(B)(i).
    \15\ See Rule 14.11(i)(4)(B)(iii).
    \16\ See Rule 14.11(i)(4)(B)(iv).
    \17\ See Rule 14.11(i)(2)(C).
    \18\ See Rule 14.11(i)(2)(B).
    \19\ See Rule 14.11(i)(6).
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \20\ in general and Section 6(b)(5) of the Act \21\ 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 mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest, because, as noted above, the Shares will meet each of
the initial and continued listing criteria in BZX Rule 14.11(i) with
the exception of Rule 14.11(i)(4)(C)(iv)(b), which requires that the
aggregate gross notional value of listed derivatives based on any five
or fewer underlying reference assets shall not exceed 65% of the weight
of the portfolio (including gross notional exposures), and the
aggregate gross notional value of listed derivatives based on any
single underlying reference asset shall not exceed 30% of the weight of
the portfolio (including gross notional exposures).\22\ Rule
14.11(i)(4)(C)(iv)(b) is intended to ensure that the Fund is not
subject to manipulation by virtue of significant exposure to a
manipulable underlying reference asset by establishing concentration
limits among the underlying reference assets for listed derivatives
held by a particular fund.
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    \20\ 15 U.S.C. 78f.
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ As noted above, the Exchange is submitting this proposal
because the Fund would not meet the requirements of Rule
14.11(i)(4)(C)(iv)(b) which prevents the aggregate gross notional
value of listed derivatives based on any single underlying reference
asset from exceeding 30% of the weight of the portfolio (including
gross notional exposures) and the aggregate gross notional value of
listed derivatives based on any five or fewer underlying reference
assets from exceeding 65% of the weight of the portfolio (including
gross notional exposures).
---------------------------------------------------------------------------

    The Exchange believes that sufficient protections are in place to
protect against market manipulation of the Fund's Shares and S&P 500
Options for several reasons: (i) The diversity, liquidity, and market
cap of the securities underlying the S&P 500 Index; (ii) the
significant liquidity in the market for SPX Options and SPY Options;
and (iii) surveillance by the Exchange, Cboe Options, other U.S.
options exchanges, and FINRA designed to detect violations of the
federal securities laws and SRO rules. The Exchange has in place a
surveillance program for transactions in ETFs to ensure the
availability of information necessary to detect and deter potential
manipulations and other trading abuses, thereby making the Shares less
readily susceptible to manipulation. Further, the Exchange believes
that because the assets in the Fund's portfolio, which are comprised
primarily of S&P 500 Options, will be acquired in extremely liquid and
highly regulated markets, the Shares are less readily susceptible to
manipulation.
    The Exchange believes that its surveillance procedures are adequate
to properly monitor the trading of the Shares on the Exchange during
all trading sessions and to deter and detect violations of Exchange
rules and the applicable federal securities laws. Trading of the Shares
through the Exchange will be subject to the Exchange's surveillance
procedures for derivative products, including Managed Fund Shares. All
statements and representations made in this filing regarding (a) the
description of the portfolio and reference assets, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange rules shall constitute continued listing requirements for
listing the Shares on the Exchange. The issuer has represented to the
Exchange that it will advise the Exchange of any failure by the Fund or
the Shares to comply with the continued listing requirements, and,
pursuant to its obligations under Section 19(g)(1) of the Act, the
Exchange will surveil for compliance with the continued listing
requirements. If the Fund or the Shares are not in compliance with the
applicable listing requirements, then the Exchange will commence
delisting procedures under Exchange Rule 14.12. FINRA conducts certain
cross-market surveillances on behalf of the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for FINRA's
performance under this regulatory services agreement. If the Fund is
not in compliance with the applicable listing requirements, the
Exchange will commence delisting procedures for the Fund under Exchange
Rule 14.12.
    The Exchange or FINRA, on behalf of the Exchange, will communicate
as needed regarding trading in the Shares and exchange-traded options
contracts with other markets and other entities that are members of the
ISG and may obtain trading information regarding trading in the Shares
and exchange-traded options contracts from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in the Shares and exchange-traded options contracts from
markets and other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees. As
noted above, SPX Options and SPY Options are among the most liquid
options in the world and derive their value from the actively traded
S&P 500 Index components. The Exchange believes the highly regulated
options markets and the broad base and scope of the S&P 500 Index make
securities that derive their value from that index less susceptible to
market manipulation in view of market capitalization and liquidity of
the S&P 500 Index components, the market cap and liquidity of SPY,
price and quote transparency, and arbitrage opportunities.
    The Exchange believes that the liquidity of the markets for S&P 500
Index securities, SPY, SPX Options and SPY Options, and other related
derivatives is sufficiently great to deter fraudulent or manipulative
acts associated with the Fund's Shares price. The Exchange also
believes that such liquidity is sufficient to support the creation and
redemption mechanism. Coupled with the extensive surveillance programs
of the SROs described above, the Exchange does not believe that trading
in the Fund's Shares would present manipulation concerns.
    The Exchange represents that, except as described above, the Fund
will meet and be subject to all other requirements of the Generic
Listing Standards and

other applicable continued listing requirements for Managed Fund Shares
under Rule 14.11(i), including those requirements regarding the
Disclosed Portfolio,\23\ Intraday Indicative Value,\24\ suspension of
trading or removal,\25\ trading halts,\26\ disclosure,\27\ and
firewalls.\28\ The Trust is required to comply with Rule 10A-3 under
the Act for the initial and continued listing of the Shares of the
Fund. Moreover, all of the options contracts held by the Fund will
trade on markets that are a member of ISG or affiliated with a member
of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.
---------------------------------------------------------------------------

    \23\ See Rule 14.11(i)(4)(B)(ii).
    \24\ See Rule 14.11(i)(4)(B)(i).
    \25\ See Rule 14.11(i)(4)(B)(iii).
    \26\ See Rule 14.11(i)(4)(B)(iv).
    \27\ See Rule 14.11(i)(6).
    \28\ See Rule 14.11(i)(7).
---------------------------------------------------------------------------

    Finally, this proposal would allow the Fund to hold S&P 500 Options
in a manner that is generally consistent with other series of Index
Fund Shares and Managed Fund Shares based on filings that were either
effective upon filing or that the Commission has approved for listing
and trading that also did not satisfy the applicable generic listing
standards. Specifically, the proposal is seeking similar exposure as
was approved by the Commission in the Arca Filing, which allowed the
listing of a fund based on an index with significant exposure to SPX
Options. As such, the Exchange believes the proposed rule change will
not significantly affect the protection of investors or the public
interest because the proposal contains no new issues that the
Commission has not previously contemplated.
    For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will allow the Fund to fully implement its options
strategy, which will enhance competition among market participants, to
the benefit of investors and the marketplace.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \29\ and Rule 19b-
4(f)(6) thereunder.\30\
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(A).
    \30\ 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 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \31\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \32\ 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 requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. The
Exchange believes that the proposal will enhance competition among both
market participants and listing venues to the benefit of investors and
the marketplace by providing additional flexibility for the options
strategy of the Fund. Further, the Exchange believes that the proposed
rule change will not significantly affect the protection of investors
or the public interest because the proposal does not raise any new
issues that the Commission has not previously contemplated. 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 operative upon filing.\33\
---------------------------------------------------------------------------

    \31\ 17 CFR 240.19b-4(f)(6).
    \32\ 17 CFR 240.19b-4(f)(6)(iii).
    \33\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-CboeBZX-2019-083 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-CboeBZX-2019-083. 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-CboeBZX-2019-083, and should
be submitted on or before October 21, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-21094 Filed 9-27-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Notices]
[Page 18808]
[FR Doc No: 2012-7494]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9653-1]

Notification of Two Public Teleconferences of the Science
Advisory Board; Libby Amphibole Asbestos Review Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA or Agency) Science
Advisory Board (SAB) Staff Office announces two public teleconferences
of the SAB Libby Amphibole Asbestos Panel to discuss the Panel's draft
review report of EPA's Toxicological Review of Libby Amphibole Asbestos
(August 2011 Draft).

DATES: The SAB Libby Amphibole Asbestos Review Panel will conduct
public teleconferences on May 1, 2012 and May 8, 2012. The
teleconferences on these dates will begin at 1 p.m. and end at 4 p.m.
(Eastern Daylight Time).

ADDRESSES: The public teleconferences will be conducted by telephone
only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information concerning the public teleconferences may contact
Dr. Diana Wong, Designated Federal Officer (DFO), SAB Staff Office, by
telephone/voice mail at<PHONE_NUMBER> or via email at<EMAIL_ADDRESS>General information concerning the EPA Science Advisory
Board can be found at the EPA SAB Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION: Background: The SAB was established pursuant
to the Environmental Research, Development, and Demonstration
Authorization Act (ERDAA) codified at 42 U.S.C. 4365, to provide
independent scientific and technical peer review, advice, consultation,
and recommendations to the EPA Administrator on the technical basis for
EPA actions. As a Federal Advisory Committee, the SAB conducts business
in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C.
App. 2) and related regulations. Pursuant to FACA and EPA policy,
notice is hereby given that the SAB Libby Amphibole Asbestos Panel will
hold two public teleconferences to discuss its draft review report of
EPA's draft Toxicological Review of Libby Amphibole Asbestos (August
2011). The SAB will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies.
    The EPA's National Center for Environmental Assessment (NCEA)
within the Office of Research and Development (ORD) has requested SAB
to review EPA's Draft Toxicological Review of Libby Amphibole Asbestos
in Support of Summary Information on the Integrated Risk Information
System (IRIS). The draft assessment evaluates cancer and noncancer
health hazards and exposure-response of Libby amphibole asbestos. The
SAB Libby Amphibole Asbestos Review Panel previously held a face-to-
face meeting on February 6-8, 2012 to discuss its review comments on
EPA's draft Toxicological Review of Libby Amphibole Asbestos (August
2011). Background information about this SAB review can be found on the
SAB Web site at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Libby%20Cancer%20Assessment?OpenDocument.
    The purpose of the upcoming teleconferences is for the SAB Libby
Amphibole Asbestos Review Panel to discuss its draft review report.
    Availability of the review materials: Agendas and materials in
support of the teleconferences will be placed on the SAB Web site at
http://www.epa.gov/sab in advance of the teleconferences. For technical
questions and information concerning EPA's Draft Toxicological Review
of Libby Amphibole Asbestos (August 2011), please contact Dr. Danielle
DeVoney, of EPA's National Center for Environmental Assessment (NCEA),
by phone<PHONE_NUMBER>, or via email at<EMAIL_ADDRESS>or Dr.
Bob Benson, of EPA Region 8, by phone<PHONE_NUMBER>, or via email at
<EMAIL_ADDRESS>    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to EPA.
Members of the public can submit comments for a federal advisory
committee to consider as it develops advice for EPA. Input from the
public to the SAB will have the most impact if it consists of comments
that provide specific scientific or technical information or analysis
for the SAB panel to consider or if it relates to the clarity or
accuracy of the technical information.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public teleconference will be limited to three
minutes per speaker. Interested parties should contact Dr. Diana Wong,
DFO, in writing (preferably via email), at the contact information
noted above, by April 24, 2012 to be placed on the list of public
speakers for the May 1, 2012 public teleconference. Written Statements:
Written statements should be received in the SAB Staff Office by April
24, 2012 so that the information may be made available to the SAB Panel
for their consideration. Written statements should be supplied to the
DFO in electronic format via email (acceptable file formats: Adobe
Acrobat PDF, WordPerfect, MS Word, MS PowerPoint, or Rich Text files in
IBM-PC/Windows 98/2000/XP format). It is the SAB Staff Office general
policy to post written comments on the Web page for the advisory
meeting or teleconference. Submitters are requested to provide an
unsigned version of each document because the SAB Staff Office does not
publish documents with signatures on its Web sites. Members of the
public should be aware that their personal contact information, if
included in any written comments, may be posted to the SAB Web site.
Copyrighted material will not be posted without explicit permission of
the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Diana Wong at the
phone number or email address noted above, preferably at least ten days
prior to the meeting, to give EPA as much time as possible to process
your request.

    Dated: March 21, 2012.
 Thomas H. Brennan,
 Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2012-7494 Filed 3-27-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26615]
[DOCID:fr10my07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-435-000]

Great Lakes Gas Transmission Limited Partnership; Notice of
Proposed Changes in FERC Gas Tariff

May 4, 2007.
    Take notice that on April 30, 2007, Great Lakes Gas Transmission
Limited Partnership (Great Lakes) tendered for filing as part of its
FERC Gas Tariff, Second Revised Volume No. 1, the following tariff
sheets, to become effective January 1, 2007:

Twelfth Revised Sheet No. 3
Ninth Revised Sheet No. 3A
Eleventh Revised Sheet No. 3B
Ninth Revised Sheet No. 3C

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8981 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P