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January 22, 2009 (EPA-HQ-OAR-2008-0508-0031).

U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for Underground Coal Mines:  Proposed Rule for Mandatory Reporting of Greenhouse Gases, February 4, 2009 (EPA-HQ-OAR-2008-0508-0032).

U.S. Environmental Protection Agency (EPA), Office of Air and Radiation, Technical Support Document for the Zinc Production Sector:  Proposed Rule for Mandatory Reporting of Greenhouse Gases, January 22, 2009 (EPA-HQ-OAR-2008-0508-0033).

Appendix A

Sector Permit Threshold Counts and Emissions by GHG

	The listed electronic spreadsheet files contain the permit threshold counts and emissions for each sector and subsector by GHG.  These listed files are included in separate files椠桴潤正瑥⠠偅ⵁ先伭剁㈭〰ⴹ㔰㜱⸩†汐慥 敳爠晥牥琠桴潦汬睯湩楦敬渠浡獥映牯愠摤瑩潩 慮湩潦浲瑡潩湯猠数楣楦敳瑣牯⁳湡䡇獇ഺ

●	GHG Data for Final Tailoring Rule Development - CO2e.xls

●	GHG Data for Final Tailoring Rule Development - CO2.xls

●	GHG Data for Final Tailoring Rule Development - CH4.xls

●	GHG Data for Final Tailoring Rule Development - N2O.xls

●	GHG Data for Final Tailoring Rule Development - HFC.xls

●	GHG Data for Final Tailoring Rule Development - PFC.xls

●	GHG Data for Final Tailoring Rule Development - SF6.xls

Appendix B

Commercial Building Sector -- Permit Threshold Results by Commercial Category

hÍ

萏ː萑ﺘ葞ː葠ﺘ摧ᠮrᤀease refer to the electronic file "Commercial Building Category CO2 Permit Threshold Results.xls." in the docket for EPA-HQ-OAR-2009-0517.

 See “Summary of Methodology and Data Used to Estimate Burden Relief and Evaluate Resource Requirements at Alternative Greenhouse Gas (GHG) Permitting Thresholds” contained in the public docket for the final tailoring rule at EPA-HQ-OAR-2009-0517.

  PAGE   \* MERGEFORMAT  78

  PAGE   \* MERGEFORMAT  i


[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8566-8571]
[FR Doc No: 2016-03300]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77122; File No. 4-697]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing of Proposed Plan for the Allocation of
Regulatory Responsibilities Between the Financial Industry Regulatory
Authority, Inc. and ISE Mercury, LLC

February 11, 2016.
    Pursuant to Section 17(d) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that
on February 9, 2016, ISE Mercury, LLC (``ISE Mercury'') and the
Financial Industry Regulatory Authority, Inc. (``FINRA'') (together
with ISE Mercury, the ``Parties'') filed with the Securities and
Exchange Commission (``Commission'' or ``SEC'') a plan for the
allocation of regulatory responsibilities, dated February 8, 2016
(``17d-2 Plan'' or the ``Plan''). The Commission is publishing this
notice to solicit comments on the 17d-2 Plan from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) or Section 19(g)(2) of the Act.\4\ Without
this relief, the statutory obligation of each individual SRO could
result in a pattern of multiple examinations of broker-dealers that
maintain memberships in more than one SRO (``common members'') for
compliance with certain rules that are substantially

identical across multiple SROs. Such regulatory duplication would add
unnecessary expenses for common members and their SROs.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
---------------------------------------------------------------------------

    Section 17(d)(1) of the Act \5\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\6\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q(d)(1).
    \6\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
---------------------------------------------------------------------------

    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\7\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\8\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \8\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
---------------------------------------------------------------------------

    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\9\ Rule 17d-2 permits SROs
to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17d-2
relieves an SRO of those regulatory responsibilities allocated by the
plan to another SRO.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------

II. Proposed Plan

    The proposed 17d-2 Plan is intended to reduce regulatory
duplication for firms that are common members of both ISE Mercury and
FINRA.\10\ Pursuant to the proposed 17d-2 Plan, FINRA would assume
certain examination and enforcement responsibilities for common members
with respect to certain applicable laws, rules, and regulations.
---------------------------------------------------------------------------

    \10\ The proposed 17d-2 Plan refers to these common members as
``Dual Members.'' See Paragraph 1(c) of the proposed 17d-2 Plan.
---------------------------------------------------------------------------

    The text of the Plan delineates the proposed regulatory
responsibilities with respect to the Parties. Included in the proposed
Plan is an exhibit (the ``ISE Mercury Certification of Common Rules,''
referred to herein as the ``Certification'') that lists every ISE
Mercury rule, and select federal securities laws, rules, and
regulations, for which FINRA would bear responsibility under the Plan
for overseeing and enforcing with respect to ISE Mercury members that
are also members of FINRA and the associated persons therewith (``Dual
Members'').
    Specifically, under the 17d-2 Plan, FINRA would assume examination
and enforcement responsibility relating to compliance by Dual Members
with the rules of ISE Mercury that are substantially similar to the
applicable rules of FINRA,\11\ as well as any provisions of the federal
securities laws and the rules and regulations thereunder delineated in
the Certification (``Common Rules''). In the event that a Dual Member
is the subject of an investigation relating to a transaction on ISE
Mercury, the plan acknowledges that ISE Mercury may, in its discretion,
exercise concurrent jurisdiction and responsibility for such
matter.\12\
---------------------------------------------------------------------------

    \11\ See paragraph 1(b) of the proposed 17d-2 Plan (defining
Common Rules). See also paragraph 1(f) of the proposed 17d-2 Plan
(defining Regulatory Responsibilities). Paragraph 2 of the Plan
provides that annually, or more frequently as required by changes in
either ISE MERCURY rules or FINRA rules, the parties shall review
and update, if necessary, the list of Common Rules. Further,
paragraph 3 of the Plan provides that ISE MERCURY shall furnish
FINRA with a list of Dual Members, and shall update the list no less
frequently than once each calendar quarter.
    \12\ See paragraph 6 of the proposed 17d-2 Plan.
---------------------------------------------------------------------------

    Under the Plan, ISE Mercury would retain full responsibility for
surveillance and enforcement with respect to trading activities or
practices involving ISE Mercury's own marketplace, including, without
limitation, registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules); its
duties as a DEA pursuant to Rule 17d-1 under the Act; and any ISE
Mercury rules that are not Common Rules.\13\
---------------------------------------------------------------------------

    \13\ See paragraph 2 of the proposed 17d-2 Plan.
---------------------------------------------------------------------------

    The text of the proposed 17d-2 Plan is as follows:
AGREEMENT BETWEEN FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. AND ISE
MERCURY, LLC PURSUANT TO RULE 17d-2 UNDER THE SECURITIES EXCHANGE ACT
OF 1934
    This Agreement, by and between Financial Industry Regulatory
Authority, Inc. (``FINRA'') and ISE Mercury, LLC (``ISE Mercury''), is
made this 8th day of February, 2016 (the ``Agreement''), pursuant to
Section 17(d) of the Securities Exchange Act of 1934 (the ``Exchange
Act'') and Rule 17d-2 thereunder which permits agreements between self-
regulatory organizations to allocate regulatory responsibility to
eliminate regulatory duplication. FINRA and ISE Mercury may be referred
to individually as a ``party'' and together as the ``parties.''
    WHEREAS, FINRA and ISE Mercury desire to reduce duplication in the
examination of their Dual Members (as defined herein) and in the filing
and processing of certain registration and membership records; and
    WHEREAS, FINRA and ISE Mercury desire to execute an agreement
covering such subjects pursuant to the provisions of Rule 17d-2 under
the Exchange Act and to file such agreement with the Securities and
Exchange Commission (the ``SEC'' or ``Commission'') for its approval.
    NOW, THEREFORE, in consideration of the mutual covenants contained
hereinafter, FINRA and ISE Mercury hereby agree as follows:
    1. Definitions. Unless otherwise defined in this Agreement or the
context otherwise requires, the terms used in this Agreement shall have
the same meaning as they have under the Exchange Act and the rules and
regulations thereunder. As used in this Agreement, the following terms
shall have the following meanings:

    (a) ``ISE Mercury Rules'' or ``FINRA Rules'' shall mean the rules
of ISE Mercury or FINRA, respectively, as the rules of an exchange or
association are defined in Exchange Act Section 3(a)(27).
    (b) ``Common Rules'' shall mean the ISE Mercury Rules that are
substantially similar to the applicable FINRA Rules set forth in
Exhibit 1 in that examination for compliance with such rules would not
require FINRA to develop one or more new examination standards,
modules, procedures, or criteria in order to analyze the application of
the rule, or a Dual Member's activity, conduct, or output in relation
to such rule.
    (c) ``Dual Members'' shall mean those ISE Mercury members that are
also members of FINRA and the associated persons therewith.
    (d) ``Effective Date'' shall have the meaning set forth in
paragraph 13.
    (e) ``Enforcement Responsibilities'' shall mean the conduct of
appropriate proceedings, in accordance with the FINRA Code of Procedure
(the Rule 9000 Series) and other applicable FINRA procedural rules, to
determine whether violations of Common Rules have occurred, and if such
violations are deemed to have occurred, the imposition of appropriate
sanctions as specified under the FINRA's Code of Procedure and
sanctions guidelines.
    (f) ``Regulatory Responsibilities'' shall mean the examination
responsibilities and Enforcement Responsibilities relating to
compliance by the Dual Members with the Common Rules and the provisions
of the Exchange Act and the rules and regulations thereunder, and other
applicable laws, rules and regulations, each as set forth on Exhibit 1
attached hereto.
    2. Regulatory and Enforcement Responsibilities. FINRA shall assume
Regulatory Responsibilities and Enforcement Responsibilities for Dual
Members. Attached as Exhibit 1 to this Agreement and made part hereof,
ISE Mercury furnished FINRA with a current list of Common Rules and
certified to FINRA that such rules are substantially similar to the
corresponding FINRA Rule (the ``Certification''). FINRA hereby agrees
that the rules listed in the Certification are Common Rules as defined
in this Agreement. Each year following the Effective Date of this
Agreement, or more frequently if required by changes in either the ISE
Mercury Rules or FINRA Rules, ISE Mercury shall submit an updated list
of Common Rules to FINRA for review which shall add ISE Mercury Rules
not included in the current list of Common Rules that qualify as Common
Rules as defined in this Agreement; delete ISE Mercury Rules included
in the current list of Common Rules that no longer qualify as Common
Rules as defined in this Agreement; and confirm that the remaining
rules on the current list of Common Rules continue to be ISE Mercury
Rules that qualify as Common Rules as defined in this Agreement. Within
30 days of receipt of such updated list, FINRA shall confirm in writing
whether the rules listed in any updated list are Common Rules as
defined in this Agreement. Notwithstanding anything herein to the
contrary, it is explicitly understood that the term ``Regulatory
Responsibilities'' does not include, and ISE Mercury shall retain full
responsibility for (unless otherwise addressed by separate agreement or
rule) the following (collectively, the ``Retained Responsibilities''):
    (a) surveillance and enforcement with respect to trading activities
or practices involving ISE Mercury's own marketplaces, including
without limitation ISE Mercury's Rules relating to the rights and
obligations of market makers;
    (b) registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules);
    (c) discharge of its duties and obligations as a Designated
Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and
    (d) any ISE Mercury Rules that are not Common Rules.
    3. Dual Members. Prior to the Effective Date, ISE Mercury shall
furnish FINRA with a current list of Dual Members, which shall be
updated no less frequently than once each quarter.
    4. No Charge. There shall be no charge to ISE Mercury by FINRA for
performing the Regulatory Responsibilities and Enforcement
Responsibilities under this Agreement except as hereinafter provided.
FINRA shall provide ISE Mercury with ninety (90) days advance written
notice in the event FINRA decides to impose any charges to ISE Mercury
for performing the Regulatory Responsibilities under this Agreement. If
FINRA determines to impose a charge, ISE Mercury shall have the right
at the time of the imposition of such charge to terminate this
Agreement; provided, however, that FINRA's Regulatory Responsibilities
under this Agreement shall continue until the Commission approves the
termination of this Agreement.
    5. Reassignment of Regulatory Responsibilities. Notwithstanding any
provision hereof, this Agreement shall be subject to any statute, or
any rule or order of the Commission. To the extent such action is
inconsistent with this Agreement, such action shall supersede the
provisions hereof to the extent necessary for them to be properly
effectuated and the provisions hereof in that respect shall be null and
void.
    6. Notification of Violations. In the event that FINRA becomes
aware of apparent violations of any ISE Mercury Rules, which are not
listed as Common Rules, discovered pursuant to the performance of the
Regulatory Responsibilities assumed hereunder, FINRA shall notify ISE
Mercury of those apparent violations for such response as ISE Mercury
deems appropriate. In the event ISE Mercury becomes aware of apparent
violations of the Common Rules, discovered pursuant to the performance
of the Retained Responsibilities, ISE Mercury shall notify FINRA of
those apparent violations and such matters shall be handled by FINRA as
provided in this Agreement. Apparent violations of all the Common Rules
shall be processed by, and enforcement proceedings in respect thereto
shall be conducted by FINRA as provided hereinbefore; provided,
however, that in the event a Dual Member is the subject of an
investigation relating to a transaction on ISE Mercury, ISE Mercury may
in its discretion assume concurrent jurisdiction and responsibility.
Each party agrees to make available promptly all files, records and
witnesses necessary to assist the other in its investigation or
proceedings.
    7. Continued Assistance. FINRA shall make available to ISE Mercury
all information obtained by FINRA in the performance by it of the
Regulatory Responsibilities hereunder in respect to the Dual Members
subject to this Agreement. In particular, and not in limitation of the
foregoing, FINRA shall furnish ISE Mercury any information it obtains
about Dual Members which reflects adversely on their financial
condition. It is understood that such information is of an extremely
sensitive nature and, accordingly, ISE Mercury acknowledges and agrees
to take all reasonable steps to maintain its confidentiality. ISE
Mercury shall make available to FINRA any information coming to its
attention that reflects adversely on the financial condition of Dual
Members or indicates possible violations of applicable laws, rules or
regulations by such firms.
    8. Dual Member Applications.
    (a) Dual Members subject to this Agreement shall be required to
submit, and FINRA shall be responsible for processing and acting upon
all

applications submitted on behalf of allied persons, partners, officers,
registered personnel and any other person required to be approved by
the ISE Mercury Rules and FINRA Rules or associated with Dual Members
thereof. Upon request, FINRA shall advise ISE Mercury of any changes of
allied members, partners, officers, registered personnel and other
persons required to be approved by the ISE Mercury Rules and FINRA
Rules.
    (b) Dual Members shall be required to send to FINRA all letters,
termination notices or other material respecting the individuals listed
in paragraph 8(a).
    (c) When as a result of processing such submissions FINRA becomes
aware of a statutory disqualification as defined in the Exchange Act
with respect to a Dual Member, FINRA shall determine pursuant to
Sections 15A(g) and/or Section 6(c) of the Exchange Act the
acceptability or continued applicability of the person to whom such
disqualification applies and keep ISE Mercury advised of its actions in
this regard for such subsequent proceedings as ISE Mercury may
initiate.
    (d) Notwithstanding the foregoing, FINRA shall not review the
membership application, reports, filings, fingerprint cards, notices,
or other writings filed to determine if such documentation submitted by
a broker or dealer, or a person associated therewith or other persons
required to register or qualify by examination: (i) meets the ISE
Mercury requirements for general membership or for specified categories
of membership or participation in ISE Mercury, such as (A) Primary
Market Maker Membership (``PMM''); (B) Competitive Market Maker
Membership (``CMM''); (C) Electronic Access Membership (``EAM'') (or
any similar type of ISE Mercury membership or participation that is
created after this Agreement is executed); or (ii) meets the ISE
Mercury requirements to be associated with, or employed by, a ISE
Mercury member or participant in any capacity, such a Designated
Trading Representative (``DTR'') (or any similar type of participation,
employment category or title, or associate-person category or class
that is created after this Agreement is executed). FINRA shall not
review applications or other documentation filed to request a change in
the rights or status described in this paragraph 8(d), including
termination or limitation on activities, of a member or a participant
of ISE Mercury, or a person associated with, or requesting association
with, a member or participant of ISE Mercury.
    9. Branch Office Information. FINRA shall also be responsible for
processing and, if required, acting upon all requests for the opening,
address changes, and terminations of branch offices by Dual Members and
any other applications required of Dual Members with respect to the
Common Rules as they may be amended from time to time. Upon request,
FINRA shall advise ISE Mercury of the opening, address change and
termination of branch and main offices of Dual Members and the names of
such branch office managers.
    10. Customer Complaints. ISE Mercury shall forward to FINRA copies
of all customer complaints involving Dual Members received by ISE
Mercury relating to FINRA's Regulatory Responsibilities under this
Agreement. It shall be FINRA's responsibility to review and take
appropriate action in respect to such complaints.
    11. No Restrictions on Regulatory Action. Nothing contained in this
Agreement shall restrict or in any way encumber the right of either
party to conduct its own independent or concurrent investigation,
examination or enforcement proceeding of or against Dual Members, as
either party, in its sole discretion, shall deem appropriate or
necessary.
    12. Termination. This Agreement may be terminated by ISE Mercury or
FINRA at any time upon the approval of the Commission after one (1)
year's written notice to the other party (or such shorter time as may
be agreed by the parties), except as provided in paragraph 4.
    13. Effective Date. This Agreement shall be effective upon approval
of the Commission.
    14. Arbitration. In the event of a dispute between the parties as
to the operation of this Agreement, ISE Mercury and FINRA hereby agree
that any such dispute shall be settled by arbitration in Washington, DC
in accordance with the rules of the American Arbitration Association
then in effect, or such other procedures as the parties may mutually
agree upon. Judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction.
    15. Separate Agreement. This Agreement is wholly separate from (1)
the multiparty Agreement made pursuant to Rule 17d-2 of the Exchange
Act among BATS Exchange, Inc., BOX Options Exchange, LLC, the Chicago
Board Options Exchange, Incorporated, C2 Options Exchange,
Incorporated, the International Securities Exchange, LLC, Financial
Industry Regulatory Authority, Inc., Miami International Securities
Exchange, LLC, the New York Stock Exchange, LLC, the NYSE MKT LLC, the
NYSE Arca Inc., The NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., and
the NASDAQ OMX PHLX, LLC approved by the Commission on December 5, 2012
involving the allocation of regulatory responsibilities with respect to
common members for compliance with common rules relating to the conduct
by broker-dealers of accounts for listed options or index warrants or
(2) the multiparty Agreement made pursuant to Rule 17d-2 of the
Exchange Act among NYSE MKT LLC, BATS Exchange, Inc., BOX Options
Exchange, LLC, C2 Options Exchange, Incorporated, Chicago Board Options
Exchange, Incorporated, International Securities Exchange LLC,
Financial Industry Regulatory Authority, Inc., NYSE Arca, Inc., The
NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc. and
Miami International Securities Exchange, LLC, approved by the
Commission on December 5, 2012 involving options-related market
surveillance matters and such agreements as may be amended from time to
time.
    16. Notification of Members. ISE Mercury and FINRA shall notify
Dual Members of this Agreement after the Effective Date by means of a
uniform joint notice.
    17. Amendment. This Agreement may be amended in writing duly
approved by each party. All such amendments must be filed with and
approved by the Commission before they become effective.
    18. Limitation of Liability. Neither FINRA nor ISE Mercury nor any
of their respective directors, governors, officers or employees shall
be liable to the other party to this Agreement for any liability, loss
or damage resulting from or claimed to have resulted from any delays,
inaccuracies, errors or omissions with respect to the provision of
Regulatory Responsibilities as provided hereby or for the failure to
provide any such responsibility, except with respect to such liability,
loss or damages as shall have been suffered by one or the other of
FINRA or ISE Mercury and caused by the willful misconduct of the other
party or their respective directors, governors, officers or employees.
No warranties, express or implied, are made by FINRA or ISE Mercury
with respect to any of the responsibilities to be performed by each of
them hereunder.
    19. Severability. Any term or provision of this Agreement that is
invalid or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement or

affecting the validity or enforceability of any of the terms or
provisions of this Agreement in any other jurisdiction.
    20. Relief from Responsibility. Pursuant to Sections 17(d)(1)(A)
and 19(g) of the Exchange Act and Rule 17d-2 thereunder, FINRA and ISE
Mercury join in requesting the Commission, upon its approval of this
Agreement or any part thereof, to relieve ISE Mercury of any and all
responsibilities with respect to matters allocated to FINRA pursuant to
this Agreement; provided, however, that this Agreement shall not be
effective until the Effective Date.
    21. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and such
counterparts together shall constitute one and the same instrument.
    IN WITNESS WHEREOF, each party has executed or caused this
Agreement to be executed on its behalf by a duly authorized officer as
of the date first written above.
FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.

By---------------------------------------------------------------------

Name:

Title:

ISE MERCURY, LLC

By---------------------------------------------------------------------

Name:

Title:

EXHIBIT 1

ISE MERCURY CERTIFICATION OF COMMON RULES
    ISE Mercury hereby certifies that the requirements contained in the
rules listed below for ISE Mercury are identical to, or substantially
similar to, the comparable FINRA Rules or SEC Rules identified.

------------------------------------------------------------------------
            ISE Mercury rule                   FINRA or SEC rule 1
------------------------------------------------------------------------
400 Just and Equitable Principles of     FINRA Rule 2010 Standards of
 Trade.                                   Commercial Honor and Just and
                                          Equitable Principles of Trade;
                                          FINRA Rule 0140(a)
                                          Applicability.
408(a)(1) Prevention of the Misuse of    Section 15(f) of the Securities
 Material, Nonpublic Information.         Exchange Act of 1934.
409 Disciplinary Action ..............  FINRA Rule 4530(a)(1)(A) and
                                          (2) Reporting Requirements.
420 Anti-Money Laundering Compliance     FINRA Rule 3310 Anti-Money
 Program .                               Laundering Compliance Program.
603 Termination of Registered Persons..  FINRA By-Laws, Article V,
                                          Section 3.
604 Continuing Education for Registered  FINRA Rule 1250 Continuing
 Persons 2 .                             Education Requirements.
614 Statements of Financial Condition    Rule 17a-5 of the Securities
 to Customers.                            Exchange Act of 1934.
622 Transfer of Accounts...............  FINRA rule 11870 Customer
                                          Account Transfer Contracts.
626 Telephone Solicitation.............  FINRA Rule 3230 Telemarketing.
1400(a) Maintenance, Retention, and      FINRA Rule 4511(a) Books and
 Furnishing of Books, Records and Other   Records--Requirements.
 Information 3.
------------------------------------------------------------------------
 INRA shall not have Regulatory Responsibilities regarding notification
  or reporting to ISE Mercury. In addition, FINRA shall only have
  Regulatory Responsibilities to the extent the exercise of discretion
  by ISE Mercury is the same as FINRA.
1 ISE Mercury will be responsible for any significant differences
  between its rules and the comparable FINRA rule identified, until such
  time amendments to such rule(s) become operative.
2 FINRA shall not have Regulatory Responsibilities with regard to the
  application of the rule to the Series 56 registration.
3 FINRA shall not have Regulatory Responsibilities regarding the
  requirement to ``keep current and preserve such books and records as
  the Exchange may prescribe;'' responsibility for such requirement
  remains with ISE Mercury.

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

    Pursuant to Section 17(d)(1) of the Act \14\ and Rule 17d-2
thereunder,\15\ after March 7, 2016, the Commission may, by written
notice, declare the plan submitted by ISE Mercury and FINRA, File No.
4-697, to be effective if the Commission finds that the plan is
necessary or appropriate in the public interest and for the protection
of investors, to foster cooperation and coordination among self-
regulatory organizations, or to remove impediments to and foster the
development of the national market system and a national system for the
clearance and settlement of securities transactions and in conformity
with the factors set forth in Section 17(d) of the Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q(d)(1).
    \15\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the proposed 17d-2 Plan and to relieve ISE Mercury of the
responsibilities which would be assigned to FINRA, interested persons
are invited to submit written data, views, and arguments concerning the
foregoing. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-697 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-697. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan between the Commission and any person, other than those that may
be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, on official business days between
the hours of 10:00 a.m. and 3:00 p.m. Copies of the plan also will be
available for inspection and copying at the principal offices of ISE
Mercury and FINRA. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number 4-697
and should be submitted on or before March 7, 2016.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(34).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03300 Filed 2-18-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24263-24265]
[FR Doc No: 2023-08193]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0238]

Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for TowMate LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of provisional renewal of exemption; request for
comments.

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

SUMMARY: FMCSA announces its decision provisionally to renew the
TowMate, LLC (TowMate) exemption which allows motor carriers to operate
rechargeable wireless temporary stop, turn, and tail lighting systems
during temporary towing operations that do not meet the vehicle power
supply requirements for all required lamps in the Federal Motor Carrier
Safety Regulations (FMCSRs). The exemption is renewed for 5 years,
unless rescinded earlier.

DATES: This renewed exemption is effective February 9, 2023, through
February 9, 2028, unless rescinded earlier. Comments must be received
on or before May 19, 2023.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0238 using any of the
following methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
for this notice (FMCSA-2015-0238). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov. As described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy, the comments are searchable by the name of the
submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
0676; [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2015-0238), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency

can contact you if it has questions regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2015-0238'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) and 49
CFR 381.300(b) to renew an exemption from the FMCSRs for a 5-year
period if it finds ``such exemption would likely achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption.''

III. Background

Current Regulation(s) Requirements

    Under 49 CFR 393.23, all required lamps must be powered by the
electrical system of the motor vehicle with the exception of battery
powered lamps used on projecting loads. This requirement ensures that
vehicle-supplied electrical power is connected to all required vehicle
lamps during normal operation of the vehicle.

Application for Renewal of Exemption

    TowMate has requested a 5-year renewal of its exemption from 49 CFR
393.23, Power supply for lamps, previously granted on February 9,
2016,\1\ and renewed on February 13, 2018,\2\ to allow motor carriers
to operate rechargeable wireless temporary stop, turn, and tail
lighting systems during temporary towing operations. TowMate stated in
the application:
---------------------------------------------------------------------------

    \1\ See 81 FR 6927.
    \2\ See 83 FR 6306.

    [T]he use of conventional hard wired temporary stop, turn, and
tail lights has many drawbacks that wireless tow lights solve. These
drawbacks include broken connections, frayed wires, burnt out
incandescent bulbs, and the potential to be snagged or pulled from
the tow light receptacle due to improper running of wires, and road
hazards, along with the safety hazard of increasing the amount of
time spent on the roadside or the scene of an accident by stringing
wired lighting systems between vehicles and securing the wires. With
the advent of LED technology coupled with advancements in battery
technologies, wireless tow lights are more reliable and better
equipped for the rigors of daily temporary use. . . .
    Temporary wireless stop, turn, tail lighting systems can operate
for 10+ hours of continuous use on a full charge, and in-cab wire-
less monitoring systems give the driver constant information on the
functioning of the system, displaying state of charge of the battery
inside the unit, displaying the functioning of the system during
operation, and warning the driver if the unit is no longer
functioning. In this sense, wireless tow lights provide a level of
safety and redundancy that is not currently required on wired
temporary lighting systems. In an emergency situation with a drained
battery, power can be directly connected to the temporary wireless
stop, turn, and tail lighting system from a standard 4 pin or 7 pin
electrical connection. . . .
    Without the proposed temporary exemption, [tow and haul away]
operators will be forced to continue to use cumbersome wired
temporary towing light systems, placing an unnecessary burden on
their daily operations. The current temporary lighting requirements
for stop, tail, and turn lamps require that the lamps receive their
power from a direct wired connection to the towing vehicle with no
ascertainable benefit from doing such. Wireless tow lights afford
benefits that wired systems are unable to, such as redundancies like
monitoring the status of the unit in real time, thus assuring their
proper operation at all times.

Original Application for Exemption and Operations Under Exemption

    In its original application, TowMate utilized the same
justification that rechargeable wireless temporary stop, turn, and tail
lighting systems solve many of the safety issues inherent with wired
temporary lighting systems. Based on TowMate's application, FMCSA
granted a two-year exemption on February 9, 2016 (81 FR 6927), and
subsequently renewed that exemption for five years from February 9,
2018, to February 9, 2023 (83 FR 6306).

IV. Equivalent Level of Safety Analysis

    FMCSA is not aware of any evidence showing that the operation of
rechargeable wireless temporary stop, turn, and tail lighting systems
during temporary towing operations during the current exemption has
resulted in any degradation of safety. The Agency believes that
extending the exemption for a period of five years will likely achieve
a level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption because the use of hard-wired
temporary stop, turn, and tail lights has many drawbacks that wireless
tow lights solve. These include broken connections, frayed wires, the
potential for lights to be snagged or pulled from the tow light
receptacle due to improper running of wires, and road hazards. The use
of rechargeable wireless lighting system also reduces the amount of
time that would be spent on the roadside or the scene of an accident
stringing wired lighting systems between vehicles and securing the
wires. With the advent of LED technology, coupled with advancements in
battery technologies, wireless tow lights are more reliable and better
equipped for the rigors of daily temporary use and will likely achieve
a level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.

V. Exemption Decision

    FMCSA is provisionally renewing the exemption for a period of five
years subject to the terms and conditions of this decision and the
absence of public comments that would cause the Agency to terminate the
exemption at an earlier date under Sec. V.D. below. The exemption from
the requirements of 49 CFR 393.23, is otherwise effective from February
9, 2023, through February 9, 2028, 11:59 p.m. EST unless rescinded.

A. Applicability of Exemption

    The exemption is restricted to motor carriers operating
rechargeable wireless temporary stop, turn, and tail lighting systems
that do not meet the lighting power supply requirements of 49 CFR
393.23, provided the requirements of 49 CFR 393.17(b)(2) are met.

B. Terms and Conditions

    Drivers operating under the exemption must comply with all other
applicable FMCSRs (49 CFR parts 350-399).

C. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

D. Termination

    The exemption will be valid for five years unless rescinded earlier
by FMCSA. The exemption will be rescinded if: (1) motor carriers and/or

commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objects of
49 U.S.C. 31136(e) and 31315.
    Interested parties possessing information that would demonstrate
that companies operating under this exemption are not achieving the
requisite statutory level of safety should immediately notify FMCSA.
Such information may be reported via email to [email protected]. The Agency
will evaluate any such information and, if safety is being compromised
or if the continuation of the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the
exemption.

VI. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on TowMate's application for
renewal of its exemption from 49 CFR 393.23.
    All comments received before the close of business on the comment
closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-08193 Filed 4-18-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Page 73065]
[FR Doc No: 2012-29624]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30290]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

December 4, 2012.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940. A copy of each
application may be obtained via the Commission's Web site by searching
for the file number, or for an applicant using the Company name box, at
http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An
order granting each application will be issued unless the SEC orders a
hearing. Interested persons may request a hearing on any application by
writing to the SEC's Secretary at the address below and serving the
relevant applicant with a copy of the request, personally or by mail.
Hearing requests should be received by the SEC by 5:30 p.m. on December
26, 2012, and should be accompanied by proof of service on the
applicant, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Secretary, U.S. Securities and Exchange Commission, 100
F Street NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street NE., Washington, DC 20549-8010.

EM Capital Management, LLC [File No. 811-22687]; Global Investor Trust
[File No. 811-22694]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. Applicants have never made a public
offering of their securities and do not propose to make a public
offering. EM Capital Management, LLC represents that it filed to
register as an investment company in error and that it is not, and does
not intend to operate as, an investment company. EM Capital Management,
LLC will continue to operate as an investment adviser. Global Investor
Trust will continue to operate as a private investment fund in reliance
on section 3(c)(1) or 3(c)(7) of the Act.
    Filing Dates: The applications were filed on October 31, 2012.
Global Investor Trust filed an amended application on November 30,
2012. EM Capital Management, LLC filed amended applications on December
3, 2012 and December 4, 2012.
    Applicants' Address: 920 Country Club Dr., Suite 1E, Moraga, CA
94556.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-29624 Filed 12-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53445-53446]
[FR Doc No: 2011-21812]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14088-000]

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

    On January 11, 2011, Northland Power Mississippi River LLC filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of hydropower on the Mississippi
River, near the town of St. Gabriel, in Ascension, and Iberville
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 NPI 01 hydrokinetic project would consist of the
following: (1) Up to 400 TREK generating units installed in a matrix on
the bottom of the river; (2) the total capacity of the installation
would be up to 100,000 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 876 gigawatt-hours (GWh), which would be sold to a local
utility.
    Applicant Contact: 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/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. 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 seven 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-14088-000) 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. 2011-21812 Filed 8-25-11; 8:45 am]
BILLING CODE 6717-01-P