[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25429-25433]
[FR Doc No: 2017-11373]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80797; File No. SR-CBOE-2017-041]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change To Eliminate
Requirements That Will Be Duplicative of CAT

May 26, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 15, 2017, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify requirements for the collection of
information that is duplicative of information intended to be collected
for the consolidated audit trail (``CAT'') adopted pursuant to the
National Market System Plan Governing the Consolidated Audit Trail (the
``CAT NMS Plan'' or ``Plan'').\3\ The Exchange will announce the
implementation date of the proposed rule change and effective date of
the retirement of any related systems by Regulatory Circular that will
be published once the options exchanges determine the thresholds for
accuracy and reliability described below have been met and that the
Plan Processor for CAT is sufficiently meeting all of its obligations
under the CAT NMS Plan.
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    \3\ Unless otherwise specified, capitalized terms used in this
rule filing are defined as set forth herein, or in the CAT
Compliance Rule Series or in the CAT NMS Plan.
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    The text of the proposed rule change is available on the Exchange's
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx),
at the Exchange's Office of the Secretary, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA
Exchange, Inc., Bats EDGX Exchange, Inc., BOX Options Exchange LLC, C2
Options Exchange, Incorporated, Chicago Board Options Exchange,
Incorporated, Chicago Stock Exchange, Inc., Financial Industry
Regulatory Authority, Inc.

(``FINRA''), Investors' Exchange LLC, Miami International Securities
Exchange, LLC, MIAX PEARL, LLC, NASDAQ BX, Inc., Nasdaq GEMX, LLC,
Nasdaq ISE, LLC, Nasdaq MRX, LLC,\4\ NASDAQ PHLX LLC, The NASDAQ Stock
Market LLC, New York Stock Exchange LLC, NYSE MKT LLC, NYSE Arca, Inc.
and NYSE National, Inc.\5\ (collectively, the ``Participants'') filed
with the Commission, pursuant to Section 11A of the Exchange Act \6\
and Rule 608 of Regulation NMS thereunder,\7\ the CAT NMS Plan.\8\ The
Participants filed the Plan to comply with Rule 613 of Regulation NMS
under the Exchange Act. The Plan was published for comment in the
Federal Register on May 17, 2016,\9\ and approved by the Commission, as
modified, on November 15, 2016.\10\ The Plan is designed to create,
implement and maintain a CAT that would capture customer and order
event information for orders in NMS Securities and OTC Equity
Securities, across all markets, from the time of order inception
through routing, cancellation, modification, or execution in a single
consolidated data source. Pursuant to Appendix C of the CAT NMS Plan,
each Participant is required to conduct analyses of which of its
existing trade and order data rules and systems require the collection
of information that is duplicative of information collected for the
CAT.\11\ In addition, among other things, Section C.9 of Appendix C to
the Plan, as modified by the Commission, requires each Participant to
``file with the SEC the relevant rule change filing to eliminate or
modify its duplicative rules within six (6) months of the SEC's
approval of the CAT NMS Plan.'' \12\ The Plan notes that ``the
elimination of such rules and the retirement of such systems [will] be
effective at such time as CAT Data meets minimum standards of accuracy
and reliability.'' \13\
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    \4\ ISE Gemini, LLC, ISE Mercury, LLC and International
Securities Exchange, LLC have been renamed Nasdaq GEMX, LLC, Nasdaq
MRX, LLC, and Nasdaq ISE, LLC, respectively. See Securities Exchange
Act Rel. No. 80248 (Mar. 15, 2017), 82 FR 14547 (Mar. 21, 2017);
Securities Exchange Act Rel. No. 80326 (Mar. 29, 2017), 82 FR 16460
(Apr. 4, 2017); and Securities Exchange Act Rel. No. 80325 (Mar. 29,
2017), 82 FR 16445 (Apr. 4, 2017).
    \5\ National Stock Exchange, Inc. has been renamed NYSE
National, Inc. See Securities Exchange Act Rel. No. 79902 (Jan. 30,
2017), 82 FR 9258 (Feb. 3, 2017).
    \6\ 15 U.S.C. 78k-1.
    \7\ 17 CFR 242.608.
    \8\ See Letter from the Participants to Brent J. Fields,
Secretary, Commission, dated September 30, 2014; and Letter from
Participants to Brent J. Fields, Secretary, Commission, dated
February 27, 2015. On December 24, 2015, the Participants submitted
an amendment to the CAT NMS Plan. See Letter from Participants to
Brent J. Fields, Secretary, Commission, dated December 23, 2015.
    \9\ Securities Exchange Act Rel. No. 77724 (Apr. 27, 2016), 81
FR 30614 (May 17, 2016).
    \10\ Securities Exchange Act Rel. No. 79318 (Nov. 15, 2016), 81
FR 84696 (Nov. 23, 2016) (``Approval Order'').
    \11\ Appendix C of CAT NMS Plan, Approval Order at 85010.
    \12\ Id.
    \13\ Id.
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    After conducting its analysis of its rules in accordance with the
CAT NMS Plan, the Exchange determined Rule 6.24 includes references to
COATS, which will be retired in accordance with the proposed timeline
discussed below, and Rules 6.24(c), 8.9(b) and 15.7 require the
reporting of information intended to be collected by the CAT.
Therefore, the Exchange believes those provisions will no longer be
necessary once the CAT is operational and proposes to modify those
Rules as described below. Additionally, the Exchange describes below
additional reporting requirements that it may reduce for which no rule
changes are necessary. These changes will be implemented in accordance
with the timeline described below.
(1) COATS
    The options exchanges utilize consolidated options audit trail
system (``COATS'') to collect and review data regarding options orders,
quotes and transactions. The Participants have provided COATS technical
specifications to the Plan Processor for the CAT for use in developing
the Technical Specifications for the CAT, and the Participants are
working with the Plan Processor to include the necessary COATS data
elements in the CAT Technical Specifications. Accordingly, although the
Technical Specifications for the CAT have not yet been finalized, the
Exchange and the other options exchanges propose to eliminate COATS in
accordance with the proposed timeline discussed below.
    The Exchange adopted certain provisions of Rule 6.24 to implement
certain reporting requirements related to COATS.\14\ Rule 6.24(a)
states the Exchange has undertaken with the options exchanges to
develop COATS to provide an accurate, time-sequenced record of
electronic and other orders, quotations, and transactions in certain
option classes listed on the Exchange. CBOE proposes to delete this
provision.
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    \14\ COATS was developed to comply with an order of the
Commission requiring CBOE, in coordination with other exchanges, to
``design and implement'' a consolidated audit trail to ``enable the
options exchanges to reconstruct markets promptly, effectively
surveil them and enforce order handling, firm quote, trade reporting
and other rules.'' See Section IV.B.e.(v) of the Commission's Order
Instituting Public Administrative Proceedings Pursuant to Sections
19(h)(1) of the Securities Exchange Act of 1934, Making Findings and
Imposing Remedial Sanctions (the ``Order''). See Securities Exchange
Act Release No. 43268 (September 11, 2000) and Administrative
Proceeding File No. 3-10282. As noted, the Plan is designed to
create, implement and maintain a CAT that would capture customer and
order event information for orders in NMS Securities and OTC Equity
Securities, across all markets, from the time of order inception
through routing, cancellation, modification, or execution in a
single consolidated data source. CBOE has already adopted rules to
enforce compliance by its Industry Members, as applicable, with the
provisions of the Plan. See CBOE Chapter VI, Section F. Once the CAT
is fully operational, it will be appropriate to delete certain
provisions of CBOE rules implemented to comply with the Order as
duplicative of the CAT. Accordingly, the Exchange believes that it
would continue to be in compliance with the requirements of the
Order once the CAT is fully operational and the COATS rule is
modified.
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    Rule 6.24(c) requires a Trading Permit Holder transmitting from the
floor a report of the execution of an order to record the time at which
a report of such execution is received by such Trading Permit Holder.
CAT will require Trading Permit Holders to record the time at which
they report an execution.\15\ Therefore, this rule provision is
duplicative of CAT requirements, and the Exchange proposes to delete
it.
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    \15\ See Chapter VI, Section F.
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    Interpretations and Policies .01 and .03 through .06 state certain
forms and functionality must comply with the requirements of COATS, and
that the Exchange will maintain data for orders exempt from
systematization requirements of Rule 6.24 in the same format as COATS
data is maintained. As COATS will be retired, and data will be
collected in a format that complies with the requirements of CAT, the
proposed rule change replaces the references to COATS with references
to CAT, as well as makes other nonsubstantive changes to conform the
language throughout.
(2) Market-Maker Equity Order Reports
    Rule 8.9(b) \16\ requires Market-Makers, upon request of the
Exchange and in the prescribed form, report to the Exchange every order
entered by the Market-Maker for the purchase or sale of (i) a security
underlying options traded on the Exchange, or (ii) a security
convertible into or exchangeable for such underlying security, as well
as opening and closing positions in all such securities held in each
account reported pursuant to Rule 8.9(a). The report pertaining to
orders must include the terms of each order, identification of the
brokerage firms through which the

orders were entered, the times of entry or cancellation, the times
report of execution were received and, if all or part of the order was
executed, the quantity and execution price. CAT will require Market-
Makers to report order information for such securities. Therefore, this
rule provision as it relates to order reports is duplicative of CAT
requirements, and the Exchange proposes to delete it. CAT does not
require reporting of positions, so the Exchange will maintain the
position reporting requirement in Rule 8.9(b). The Exchange also
proposes a conforming change to the rule name and Interpretation and
Policy .07.
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    \16\ The Exchange recently submitted a rule filing to amend Rule
8.9(b), which was filed for immediate effectiveness. See SR-CBOE-
2017-042. This proposed rule change reflects the amended rule text
in that filing.
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(3) EBS
    Rule 15.7 is the Exchange's rule regarding the automated submission
of specific trading data to the Exchange upon request using the
Electronic Blue Sheet (``EBS'') system. Rule 15.7 requires a Trading
Permit Holder to submit the trade data elements specified in the Rule
in such automated format as may be prescribed by the Exchange from time
to time, in regard to such transaction or transactions that are the
subject of a particular request for information made by the Exchange.
The Rule sets forth in paragraphs (a) and (b) the data elements
required if the transaction was a proprietary transaction or if it was
effected for a customer account, respectively. Paragraph (c) provides a
Trading Permit Holder must submit such other information as may from
time to time be required. Paragraph (d) permits the Exchange to grant
exceptions from these requirements in such cases and for such time
periods as it deems appropriate.
    The Exchange proposes to amend Rule 15.7 to state it will request
information under the Rule only if the information is not available in
the CAT because, for example, the transactions in question occurred
before the firm was reporting information to the CAT or involved
securities that are not reportable to the CAT. In essence, under the
proposed rule change, the Exchange will make requests under Rule 15.7
if and only if the information is not otherwise available through the
CAT.\17\
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    \17\ The proposed rule change also capitalizes the first word of
paragraph (a).
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    Once broker-dealer reporting to the CAT has begun, the CAT will
contain the data the Participants would otherwise have requested via
the EBS system for purposes of NMS Securities and OTC Equity
Securities. Consequently, the Exchange will not need to use the EBS
system or request information pursuant to Rule 15.7 for NMS Securities
or OTC Equity Securities for time periods after CAT reporting has begun
if the appropriate accuracy and reliability thresholds are achieved,
including an acceptable accuracy rate for customer and account
information. However, Rule 15.7 cannot be completely eliminated
immediately upon the CAT achieving the appropriate thresholds because
Exchange staff may still need to request information pursuant to Rule
15.7 for trading activity occurring before a member was reporting to
the CAT.\18\ In addition, Rule 15.7 applies to information regarding
transactions involving securities that will not be reportable to the
CAT, such as fixed-income securities; thus, the rule must remain in
effect with respect to those transactions indefinitely or until those
transactions are captured in the CAT.
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    \18\ Firms are required to maintain the trade information for
pre-CAT transactions in equities and options pursuant to applicable
rules, such as books and records retention requirements, for the
relevant time period, which is generally three or six years
depending upon the record. See 17 CFR 240.17a-3(a), 240.17a-4.
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(4) Other Reports
    Various other CBOE Rules require Trading Permit Holders to report
information to the Exchange upon request.\19\ While the Exchange
believes it is necessary to retain these Rules to ensure it has access
to the necessary data to perform its regulatory duties and meet its
surveillance obligations, it expects it will need to make fewer
information requests pursuant to these Rule once Trading Permit Holders
begin reporting to the CAT and accuracy and reliability standards are
met.
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    \19\ See, e.g., Rule 17.2, Interpretation and Policy .04.
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    In connection with these Rules requiring Trading Permit Holders to
report information to the Exchange upon request, Trading Permit Holders
must currently submit to the Exchange stock transaction information for
each Qualified Contingent Cross order executed at CBOE. CAT will
require Trading Permit Holders to report stock transaction information.
Therefore, the Exchange intends to eliminate this reporting requirement
in accordance with the proposed timeline below.
(5) Timeline for Elimination of Duplicative Rules
    The CAT NMS Plan states that the elimination of rules that are
duplicative of the requirements of the CAT and the retirement of the
related systems should be effective at such time as CAT Data meets
minimum standards of accuracy and reliability.\20\ As discussed in more
detail below, the Exchange believes the Rule provisions and related
systems described above may be retired at a date after all Industry
Members are reporting to the CAT when the proposed error rate
thresholds have been met, and the Exchange has determined that its
usage of the CAT Data has not revealed material issues that have not
been corrected, confirmed that the CAT includes all data necessary to
allow the Exchange to continue to meet its surveillance obligations,
and confirmed that the Plan Processor is sufficiently meeting all of
its obligations under the CAT NMS Plan.
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    \20\ Id. [sic]
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    The Exchange believes the proposed rule changes should not be
effective until all Participants and Industry Members that report data
pursuant to the Rules described above are reporting comparable data to
the CAT. In this way, the Exchange will continue to have access to the
necessary data to perform its regulatory duties.
    The CAT NMS Plan requires that a rule filing to eliminate a
duplicative rule address whether ``the availability of certain data
from Small Industry Members two years after the Effective Date would
facilitate a more expeditious retirement of duplicative systems.'' \21\
The Exchange believes COATS should not be retired until all
Participants and Industry Members that report data to COATS are
reporting comparable data to the CAT. While the early submission of
options data to the CAT by Small Industry Members could expedite the
retirement of COATS, the Exchange believes that it premature [sic] to
consider such a change and that additional analysis would be necessary
to determine whether such early reporting by Small Industry Members
would be feasible.
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    \21\ Id.
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    The CAT NMS Plan requires that this rule filing address ``whether
individual Industry Members can be exempted from reporting to
duplicative systems once their CAT reporting meets specified accuracy
and reliability standards, including, but not limited to, ways in which
establishing cross-system regulatory functionality or integrating data
from existing systems and the CAT would facilitate such Individual
Industry Member exemptions.'' \22\ The Exchange believes that a single
cut-over from the reporting requirements described above to CAT is
highly preferable to a firm-by-firm approach and is not proposing to
exempt members from such reporting requirements on a firm-by-firm
basis. The Exchange believes that providing

such individual exemptions to Industry Members would be inefficient,
more costly, and less reliable than the single cut-over. Providing
individual exemptions would require the options exchanges to create,
for a brief temporary period, a cross-system regulatory function and to
integrate data from reports received pursuant to the above requirements
and the CAT to avoid creating any regulatory gaps as a result of such
exemptions. Such a function would be costly to create and would give
rise to a greater likelihood of data errors or other issues. Given the
limited time in which such exemptions would be necessary, the Exchange
does not believe that such exemptions would be an appropriate use of
limited resources.
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    \22\ Id.
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    The CAT NMS Plan also requires that a rule filing to eliminate a
duplicative rule to provide ``specific accuracy and reliability
standards that will determine when duplicative systems will be retired,
including, but not limited to, whether the attainment of a certain
Error Rate should determine when a system duplicative of the CAT can be
retired.'' \23\ The Exchange believes that it is critical that the CAT
Data be sufficiently accurate and reliable for the Exchange to perform
the regulatory functions that it now performs using the information it
receives pursuant to the reporting requirements described above.
Accordingly, the Exchange believes that the CAT Data should meet
specific quantitative error rates, as well as certain qualitative
requirements.
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    \23\ Id.
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    The Exchange believes (and the other options exchanges with respect
to COATS and EBS) believe that, before reporting requirements may be
modified or eliminated, as applicable, and related systems may be
retired, the CAT would need to achieve a sustained error rate for a
period of at least 180 days of 5% or lower measured on a pre-correction
or as-submitted basis, and 2% or lower on a post-correction basis
(measured at T+5).\24\ The Exchange proposes to measure the 5% pre-
correction and 2% post-correction thresholds by averaging the error
rate across the period, not require a 5% pre-correction and 2% post-
correction maximum each day for 180 consecutive days. The Exchange
believes that measuring each of the thresholds over the course of 180
days will ensure that the CAT consistently meets minimum accuracy and
reliability thresholds while also ensuring that single-day measurements
do not unduly affect the overall measurements. The Exchange proposes to
measure the appropriate error rates in the aggregate, rather than firm-
by-firm. In addition, with respect to COATS, the Exchange proposes to
measure the error rates for options only, not equity securities, as
only options are subject to COATS. The 2% and 5% error rates are in
line with the proposed retirement threshold for FINRA's Order Audit
Trail System (``OATS'').
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    \24\ The Plan requires that the Plan Processor must ensure that
regulators have access to corrected and linked order and Customer
data by 8:00 a.m. Eastern Time on T+5. See CAT NMS Plan, at C-15.
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    In addition to these minimum error rates before reporting
requirements may be modified or eliminated, as applicable, and related
systems may be retired, the Exchange believes that during the minimum
180-day period during which the thresholds are calculated, the
Exchange's use of the data in the CAT must confirm that (i) usage over
that time period has not revealed material issues that have not been
corrected, (ii) the CAT includes all data necessary to allow the
Exchange to continue to meet its surveillance obligations, and (iii)
the Plan Processor is sufficiently meeting all of its obligations under
the CAT NMS Plan. The Exchange believes this time period to use the CAT
Data is necessary to reveal any errors that may manifest themselves
only after surveillance patterns and other queries have been run and to
confirm that the Plan Processor is meeting its obligations and
performing its functions adequately.
    If the Commission approves the proposed rule change, the Exchange
will announce the date for modification or elimination, as applicable,
of reporting requirements and retirement of related systems and the
implementation date of the proposed rule change via Regulatory Circular
that will be published once the Exchange (and other options exchanges
with respect to COATS and EBS) determines that the thresholds for
accuracy and reliability described above have been met and that the
Plan Processor is sufficiently meeting all of its obligations under the
CAT NMS Plan.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b)(5) of the Exchange Act,\25\ which
requires, among other things, that Exchange Rules must be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest, and not designed to permit unfair
discrimination between customers, issuers, brokers and dealer. The
Exchange believes that this proposal is consistent with the Exchange
Act because it fulfills the obligation in the CAT NMS Plan for the
Exchange to submit a proposed rule change to eliminate or modify
duplicative rules. In approving the Plan, the SEC noted that the Plan
``is necessary and appropriate in the public interest, for the
protection of investors and the maintenance of fair and orderly
markets, to remove impediments to, and perfect the mechanism of a
national market system, or is otherwise in furtherance of the purposes
of the Act.'' \26\ As this proposal implements the Plan, the Exchange
believes that this proposal furthers the objectives of the Plan, as
identified by the SEC, and is therefore consistent with the Exchange
Act.
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    \25\ 15 U.S.C. 78f(b)(5).
    \26\ Approval Order at 84697.
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    Moreover, the purpose of the proposed rule change is to amend rules
that require the submission of duplicative data to the Exchange. The
elimination of such duplicative requirements will reduce unnecessary
costs and other compliance burdens for the Exchange and its Trading
Permit Holders, and therefore, will enhance the efficiency of the
securities markets. Furthermore, the Exchange believes that the
approach set forth in the proposed rule change strikes the appropriate
balance between ensuring that the Exchange is able to continue to
fulfill its statutory obligation to protect investors and the public
interest by ensuring its surveillance of market activity remains
accurate and effective while also establishing a reasonable timeframe
for elimination or modification of its rules that will be rendered
duplicative after implementation of the CAT.

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

    Section 6(b)(8) of the Exchange Act \27\ requires that Exchange
Rules not impose any burden on competition that is not necessary or
appropriate. The Exchange does not believe that the proposed rule
change will result in any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Exchange Act. The
Exchange notes that the proposed rule change implements the
requirements of the CAT NMS Plan approved by the Commission regarding
the elimination of rules and systems that are duplicative the CAT, and
is designed to assist the Exchange in meeting its regulatory
obligations pursuant to the Plan. Similarly, all exchanges and FINRA
are

proposing the elimination of reporting requirements related to COATS
and EBS, as well as other duplicative rules, to implement the
requirements of the CAT NMS Plan. Therefore, this is not a competitive
rule filing and, therefore, it does not raise competition issues
between and among the self-regulatory organizations and/or their
members.
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    \27\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Although written comments on the proposed rule change were not
solicited, the Exchange received comments from two commenters, the
Financial Information Forum (``FIF'') and the Securities Industry and
Financial Markets Association (``SIFMA''), regarding the retirement of
systems related to the CAT.\28\ In its comment letters, with regard to
the retirement of duplicative systems more generally, FIF recommended
that the Participants continue the effort to incorporate current
reporting obligations into the CAT in order to replace existing
reportable systems with the CAT. In addition, FIF further recommended
that, once a CAT Reporter achieved satisfactory reporting data quality,
the CAT Reporter should be exempt from reporting to any duplicative
reporting systems. FIF believed that these recommendations ``would
serve both an underlying regulatory objective of more immediate and
accurate access to data as well as an industry objective of reduced
costs and burdens of regulatory oversight.'' \29\ In its comments about
EBS specifically, FIF stated that the retirement of the EBS
requirements should be a high priority, and that the CAT should be
designed to include the requisite data elements to permit the rapid
retirement of EBS.\30\ Similarly, SIFMA stated that ``the establishment
of the CAT must be accompanied by the prompt elimination of duplicative
systems,'' and ``recommend[ed] that the initial technical
specifications be designed to facilitate the immediate retirement of .
. . duplicative reporting systems.'' \31\
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    \28\ Letter from William H. Hebert, FIF, to Participants re:
Milestone for Participants' rule change filings to eliminate/modify
duplicative rules (Apr. 12, 2017) (``FIF Letter''); Letter from
William H. Hebert, FIF, to Brent J. Fields, SEC re: Milestone for
Participants' rule change filings to eliminate/modify duplicative
rules (Apr. 12, 2017); and Letter from Kenneth E. Bentsen, Jr.,
SIFMA, to Participants re: Selection of Thesys as CAT Processor
(Apr. 4, 2017) (``SIFMA Letter'') at 2.
    \29\ FIF Letter at 2.
    \30\ FIF Letter at 2.
    \31\ SIFMA Letter at 2.
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    As discussed above, the Exchange agrees with the commenters that
the reporting requirements proposed to be modified or eliminated should
be replaced by the CAT reporting requirements as soon as accurate and
reliable CAT Data is available. To this end, the Exchange anticipates
that the CAT will be designed to collect the data necessary to permit
the modification or elimination, as applicable, of these reporting
requirements and the retirement of related systems. However, as
discussed above, the Exchange disagrees with the recommendation to
provide individual exemptions to those CAT Reporters who obtain
satisfactory data reporting quality.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2017-041 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-2017-041. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2017-041 and should be
submitted on or before June 22, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
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    \32\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11373 Filed 5-31-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67730-67731]
[FR Doc No: 2020-23654]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2056-055]

Notice of Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Protests; Northern States Power
Company

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Public Perception of Aesthetic Flows Survey.
    b. Project No: 2056-055.
    c. Date Filed: September 30, 2020.
    d. Applicant: Northern States Power Company.
    e. Name of Project: St. Anthony Falls Hydroelectric Project.
    f. Location: The project is located on Hennepin Island along the
east bank of the Mississippi River at St. Anthony Falls in the City of
Minneapolis, Minnesota.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Matthew Miller, Xcelenergy, 1414 W. Hamilton
Ave, PO Box 8, Eau Claire, WI 54702; telephone<PHONE_NUMBER>; or email
<EMAIL_ADDRESS>

    i. FERC Contact: Mark Ivy,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: November 19, 2020.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at 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>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2615-048. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee filed a revised survey
instrument for the Public Perception of Aesthetic Flows Survey (Public
Perception Survey) as required by the Commission's July 2, 2019 Order
Requiring Public Perception Survey and Modifying Article 402. The
Public Perception Survey will be used to assess the adequacy of
aesthetic flows over the falls from the perspective of visitors to the
St. Anthony Falls area.
    l. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659. Agencies may obtain copies of the application directly
from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as
applicable; (2) set forth in the heading the name of the applicant and
the project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis. Any filing made by an intervenor must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: October 20, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-23654 Filed 10-23-20; 8:45 am]
BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 1, 2003

NOTICE OF ACTION TAKEN – DOCKET OST-2003-15099

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  FLIGHT-OPS INTERNATIONAL d/b/a SKYXPRESS AIRLINE
      Date Filed:  May 2, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct, using small equipment (see below), scheduled,
combination services between any point or points in Canada and any point
or points in the United States, for a period of one year.

If renewal, date of last action:  New authority.

Applicant representative:  Gregory G. Paul,<PHONE_NUMBER>        DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None

	DISPOSITION

Action:  Approved.
                 Action date:  August 1, 2003

Effective dates of authority granted:  August 1, 2003, through August 1,
2004.

Basis for approval:  United States-Canada Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions and the equipment-size condition detailed below.

Special conditions/Remarks:  In the conduct of the operations described
above, the carrier may only use aircraft designed to have a maximum
passenger capacity of not more than 60 seats and a maximum payload
capacity of not more than 18,000 pounds.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

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[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34371-34372]
[FR Doc No: 2013-13562]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1585-000]

Longfellow Wind, LLC: Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Longfellow Wind, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that

such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is June 24, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 3, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-13562 Filed 6-6-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Page 50889]
[FR Doc No: 2023-16357]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4716-DR; Docket ID FEMA-2023-0001]

Commonwealth of the Northern Mariana Islands; Amendment No. 2 to
Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of the Northern Mariana Islands (FEMA-4716-DR),
dated June 2, 2023, and related determinations.

DATES: This amendment was issued July 10, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of the Northern Mariana Islands is hereby amended
to include the Hazard Mitigation Grant Program for those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of June 2, 2023.

    The island of Rota for debris removal [Category A] and permanent
work [Categories C-G] (already designated for emergency protective
measures [Category B], including direct federal assistance under the
Public Assistance program).
    The islands of Saipan and Tinian for emergency protective
measures and permanent work (Categories B-G), including direct
federal assistance, under the Public Assistance program.
    All areas within the Commonwealth of the Northern Mariana
Islands are eligible for assistance under the Hazard Mitigation
Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-16357 Filed 8-1-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Notices]
[Page 37560-37561]
[DOCID:fr30jn06-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-394-000]

Northwest Pipeline Corporation; Notice of Proposed Changes in
FERC Gas Tariff

June 23, 2006.
    Take notice that on June 16, 2006, Northwest Pipeline Corporation
(Northwest) tendered for filing as part of its FERC Gas Tariff, Third
Revised Volume No. 1, the following tariff sheets, to become effective
July 16, 2006:

    Ninth Revised Sheet No. 19-A.
    Third Revised Sheet No. 302-C.
    Third Revised Sheet No. 302-D.

    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

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-10306 Filed 6-29-06; 8:45 am]

BILLING CODE 6717-01-P