[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Pages 54223-54225]
[FR Doc No: 2023-17197]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1650; Project Identifier AD-2023-00795-T;
Amendment 39-22517; AD 2023-15-05]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 737 airplanes equipped with CFM International,
S.A. (CFM) Model LEAP-1B series turbofan engines. This AD was prompted
by a report indicating that use of engine anti-ice (EAI) in dry air for
more than five minutes during certain environmental and operational
conditions can cause overheating of the engine inlet inner barrel
beyond the material design limit, resulting in failure of the engine
inlet inner barrel and severe engine inlet cowl damage. This AD
requires revising the existing airplane flight manual (AFM) to limit
the use of EAI in certain conditions and revising the operator's
existing minimum equipment list to prohibit dispatch under a certain
item. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective August 25, 2023.
    The FAA must receive comments on this AD by September 25, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2023-1650; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: James Laubaugh, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3622; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2023-1650 and Project Identifier AD-
2023-00795-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to James
Laubaugh, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone:<PHONE_NUMBER>; email: [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA has received a report in June 2023 indicating that flight
testing and analysis revealed that the use of EAI in dry air for more
than five minutes during certain combinations of altitude, total air
temperature, and N1 settings can result in engine inlet cowl
temperatures exceeding design limits when not in visible moisture.
Excessive heat buildup can cause overheat of the engine inlet inner
barrel beyond the material design limit, resulting in failure of the
engine inlet inner barrel and severe engine inlet cowl damage. There
have been no reports of in-service failures of the engine inlet inner
barrel to date.
    This condition as previously described, if not addressed, could
result in departure of the inlet and potential fan cowl failure and
departure from the airplane. The departure of the inlet may cause
fuselage and/or window damage, potentially resulting in decompression
and hazard to window-seated passengers aft of the wing and/or impact
damage to the wing, flight control surfaces, and/or empennage, which
could result in loss of control of the airplane. Inlet loss also causes
significantly increased aerodynamic drag and asymmetric lift due to
wing blanking, which risks fuel exhaustion on certain flights,
resulting in a forced off-airport landing and injury to passengers. The
FAA is issuing this AD to address the unsafe condition on these
products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

AD Requirements

    This AD requires revising the existing AFM to limit the use of
engine anti-ice in certain conditions. This AD also requires revising
the operator's existing minimum equipment list (MEL) to prohibit
dispatch under Master Minimum Equipment List (MMEL) Item 30-21-01B (EAI
valve locked open). Further analysis of this item is necessary to
determine whether continued use will cause failure of the engine inlet
inner barrel.

Compliance With AFM Revision

    Section 91.9 prohibits any person from operating a civil aircraft
without complying with the operating limitations specified in the AFM.
FAA regulations also require operators to furnish pilots with any
changes to the AFM (14 CFR 121.137) and pilots in command to be
familiar with the AFM (14 CFR 91.505).

MMEL Revision

    This AD refers to Item 30-21-01B (Engine (Cowl) Anti-Ice Valves),
Boeing 737 MAX (B-737-7/-8/-8200/-9) MMEL, Revision 5, dated June 3,
2022; this item is also included in an operator's FAA-approved minimum
equipment list (MEL). This AD prohibits dispatch or release of the
airplane under conditions currently allowed by that item in the MMEL.
The FAA plans to revise the MMEL to remove that item in a future
revision; operators would then be required to also remove that item
from their existing FAA-approved MEL.

Interim Action

    The FAA considers this AD to be an interim action. The manufacturer
is currently developing a modification that will address the unsafe
condition identified in this AD. Once this modification is developed,
approved, and available, the FAA might consider additional rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because operating EAI in dry air for more than five minutes during
certain environmental and operational conditions can cause overheating
of the engine inlet inner barrel beyond the material design limit,
resulting in failure of the engine inlet inner barrel and severe engine
inlet cowl damage. If not addressed, this could result in departure of
the inlet and potential fan cowl failure and departure from the
airplane. The departure of the inlet may cause fuselage and/or window
damage, potentially resulting in decompression and hazard to window-
seated passengers aft of the wing and/or impact damage to the wing,
flight control surfaces, and/or empennage, which could result in loss
of control of the airplane. Further, inlet loss causes significantly
increased aerodynamic drag and asymmetric lift due to wing blanking,
which risks fuel exhaustion on certain flights, resulting in a forced
off-airport landing and injury to passengers. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 402 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
AFM/MEL revision....................  1 work-hour x $85 per                $0              $85          $34,170
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2023-15-05 The Boeing Company: Amendment 39-22517; Docket No. FAA-
2023-1650; Project Identifier AD-2023-00795-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 25, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737 airplanes
equipped with CFM International, S.A. (CFM) Model LEAP-1B series
turbofan engines, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain
Protection; 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by a report indicating that use of engine
anti-ice (EAI) in dry air for more than five minutes during certain
environmental and operational conditions can cause overheating of
the engine inlet inner barrel beyond the material design limit,
resulting in failure of the engine inlet inner barrel and severe
engine inlet cowl damage. The FAA is issuing this AD to address use
of EAI in certain environmental and operational conditions. The
unsafe condition, if not addressed, could result in departure of the
inlet and potential fan cowl failure and departure from the
airplane. The departure of the inlet may cause fuselage and/or
window damage, potentially resulting in decompression and hazard to
window-seated passengers aft of the wing and/or impact damage to the
wing, flight control surfaces, and/or empennage, which could result
in loss of control of the airplane. Inlet loss also causes
significantly increased aerodynamic drag and asymmetric lift due to
wing blanking, which risks fuel exhaustion on certain flights,
resulting in a forced off-airport landing and injury to passengers.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Airplane Flight Manual (AFM) Revision

    Within 15 days after the effective date of this AD: Revise the
Limitations Section of the existing AFM to include the information
specified in figure 1 to paragraph (g) of this AD. This may be done
by inserting a copy of figure 1 to paragraph (g) of this AD into the
existing AFM.
[GRAPHIC] [TIFF OMITTED] TR10AU23.010

(h) Minimum Equipment List (MEL) Revision

    Within 15 days after the effective date of this AD or upon
completion of the AFM revision required by paragraph (g) of this AD,
whichever occurs first: Revise the operator's existing FAA-approved
MEL to prohibit dispatch under the MEL item corresponding with
Master Minimum Equipment List (MMEL) Item 30-21-01B (Engine (Cowl)
Anti-Ice Valves).

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph (j)
of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact James Laubaugh,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    None.

    Issued on July 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17197 Filed 8-7-23; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Notices]
[Page 6129]
[FR Doc No: 2011-2351]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-2741-000]

CPV Batesville, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

January 27, 2011.
    This is a supplemental notice in the above-referenced proceeding
CPV Batesville, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 16, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2351 Filed 2-2-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Proposed Rules]
[Page 18330]
[DOCID:fr22ap09-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0528; FRL-8895-2]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Reasonable Further Progress Plan, Motor Vehicle Emissions
Budgets and 2002 Emissions Inventory; Houston-Galveston-Brazoria 1997
8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Texas State Implementation Plan (SIP) to meet
the Reasonable Further Progress (RFP) requirements of the Clean Air Act
(CAA) for the Houston-Galveston-Brazoria (HGB) moderate 1997 8-hour
ozone nonattainment area. EPA is also proposing to approve the RFP
motor vehicle emissions budgets (MVEBs) and the 2002 Base Year Emission
Inventory associated with the revision. EPA is proposing to approve the
SIP revision because it satisfies the RFP and Emissions Inventory
requirements for 1997 8-hour ozone nonattainment areas classified as
moderate, and demonstrates further progress in reducing ozone
precursors. EPA is proposing to approve the revision pursuant to
section 110 and part D of the CAA and EPA's regulations.

DATES: Written comments must be received on or before May 22, 2009.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the Addresses section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Emad Shahin, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no relevant adverse comments are received in response to this
action, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule, which is
located in the rules section of this Federal Register.

    Dated: April 10, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-9213 Filed 4-21-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62907-62909]
[FR Doc No: 2013-24659]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70666; File No. SR-BYX-2013-034]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.

October 11, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 30, 2013, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the

proposed rule change effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BYX Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
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    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Exchange proposes to modify its fee schedule effective September
30, 2013, in order to amend the way that the Exchange calculates
rebates for removing liquidity from and fees for adding liquidity to
the Exchange. Specifically, the Exchange is proposing to amend the
methodology by which it determines the rebate that it will provide and
fee it will charge to Members based on the Exchange's tiered pricing
structure by excluding from the calculation of both ADV \6\ and average
daily TCV \7\ any day that trading is not available on the Exchange for
more than sixty (60) minutes during regular trading hours (i.e., 9:30
a.m. to 4:00 p.m. Eastern Time) but continues on other markets during
such time (an ``Exchange Outage'').
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    \6\ As provided in the fee schedule, ``ADV'' means average daily
volume calculated as the number of shares added or removed,
combined, per day on a monthly basis; routed shares are not included
in ADV calculation.
    \7\ As provided in the fee schedule ``TCV'' means total
consolidated volume calculated as the volume reported by all
exchanges and trade reporting facilities to a consolidated
transaction reporting plan for the month for which the fees apply.
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    The Exchange currently offers a tiered structure for determining
the rebates that Members receive for executions that remove liquidity
from the Exchange and the fees that Members are charged for executions
that add liquidity to the Exchange. Under the tiered pricing structure,
the Exchange provides different rebates and charges different fees to
Members based on a Member's ADV as a percentage of average daily TCV.
The Exchange notes that it is not proposing to modify any of the
existing rebates or fees or the percentage thresholds at which a Member
may qualify for certain rebates and fees pursuant to the tiered pricing
structure. Rather, as mentioned above, the Exchange is proposing to
modify its fee schedule in order to exclude trading activity occurring
on any day that the Exchange experiences an Exchange Outage, defined as
an outage lasting for more than sixty (60) minutes, from the
calculation of ADV and average daily TCV. The Exchange believes that
including trading activity on days when trading on the Exchange is
unavailable for a significant portion of the day can unfairly skew the
calculation of ADV and TCV. Thus, the Exchange believes that the most
accurate and fair implementation of its tiered pricing structure is to
exclude from the calculation of ADV and TCV all days where the Exchange
experiences an Exchange Outage.
    The Exchange believes that eliminating days where the Exchange
experiences an Exchange Outage from the definition of ADV and TCV, and
thereby eliminating that day from the calculation as it relates to
rebates and fees based on trading activity on the Exchange, will help
to eliminate significant uncertainty faced by Members as to their
monthly ADV as a percentage of average daily TCV and the rebates and
fees that this percentage will qualify for, providing Members with an
increased certainty as to their monthly cost for trades executed on the
Exchange.
    The Exchange notes that it recently adopted changes to exclude the
last Friday of June from the calculation of ADV and average daily
TCV.\8\ The last day of June is the day that Russell Investments
reconstitutes its family of indexes (``Russell Reconstitution''),
resulting in particularly high trading volumes, much of which the
Exchange believes derives from market participants who are not
generally as active entering the market to rebalance their holdings in-
line with the Russell Reconstitution. Similar to the current proposal,
the Exchange completely excludes Russell Reconstitution days from the
calculation of ADV and average daily TCV.
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    \8\ Securities Exchange Act Release No. 69794 (June 18, 2013),
78 FR 37868 (SR-BYX-2013-021) (notice of filing and immediate
effectiveness of proposed rule change to exclude the Russell
Reconstitution day from the calculation of ADV and TCV for purposes
of BYX tiered pricing).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\9\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\10\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee structures at a
particular venue to be unreasonable and/or excessive.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    With respect to the proposed changes to the tiered pricing
structure for removing liquidity from the Exchange and adding liquidity
to the Exchange, the Exchange believes that its proposal is reasonable
because, as explained above, it will help provide Members with a
greater level of certainty as to their level of rebates and costs for
trading in any month where the Exchange experiences an Exchange Outage
on one or more trading days. The Exchange also believes that its
proposal is reasonable because it is not changing the thresholds to
become eligible or the dollar value associated with the tiered rebates
or fees and, moreover, by eliminating the inclusion of a trading day
that would almost certainly lower a Member's ADV as a percentage of
average daily TCV, it will make the majority of Members more likely to
meet the minimum or higher tier thresholds, which will provide
additional incentive to Members to increase their participation on the
Exchange in order to meet the next tier. In addition, the Exchange
believes that

the proposed changes to fees are equitably allocated among Exchange
constituents as the methodology for calculating ADV and TCV will apply
equally to all Members. While, although unlikely, certain Members may
have a higher ADV as a percentage of average daily TCV with their
activity included from days where the Exchange has an Exchange Outage,
the proposal will make all Members' cost of trading on the Exchange
more predictable, regardless of how the proposal affects their ADV as a
percentage of average daily TCV.
    Volume-based tiers such as the liquidity removing and adding tiers
maintained by the Exchange have been widely adopted in the equities
markets, and are equitable and not unfairly discriminatory because they
are open to all members on an equal basis and provide higher rebates or
lower fees that are reasonably related to the value to an exchange's
market quality associated with higher levels of market activity, such
as higher levels of liquidity provision and introduction of higher
volumes of orders into the price and volume discovery process.
Accordingly, the Exchange believes that the proposal is equitably
allocated and not unfairly discriminatory because it is consistent with
the overall goals of enhancing market quality. Further, the Exchange
believes that a tiered pricing model not significantly altered by a day
of atypical trading behavior which allows Members to predictably
calculate what their costs associated with trading activity on the
Exchange will be is reasonable, fair and equitable and not unreasonably
discriminatory as it is uniform in application amongst Members and
should enable such participants to operate their business without
concern of unpredictable and potentially significant changes in
expenses.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes will
benefit intermarket competition in that they will help the Exchange to
continue to incentivize higher levels of liquidity at a tighter spread
while providing more stable and predictable costs to its Members.
Further, the proposed changes will help to promote intramarket
competition by avoiding a penalty to Members for days when trading on
the Exchange is unavailable for a significant portion of the day. As
stated above, the Exchange notes that it operates in a highly
competitive market in which market participants can readily direct
order flow to competing venues if the deem fee structures to be
unreasonable or excessive.

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

    No written comments were solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4
thereunder.\12\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BYX-2013-034 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2013-034. 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 such 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-BYX-2013-034 and should be
submitted on or before November 12, 2013.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24659 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75432-75434]
[FR Doc No: 2013-29495]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70997; File No. SR-NYSE-2013-78]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List To Specify the Exclusion of Odd Lot Transactions
From Consolidated Average Daily Volume Calculations for a Limited
Period of Time for Purposes of Certain Transaction Pricing on the
Exchange Through January 31, 2014

December 5, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on November 22, 2013, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Price List to specify the
exclusion of odd lot transactions from consolidated average daily
volume (``CADV'') calculations for a limited period of time for
purposes of certain transaction pricing on the Exchange. The text of
the proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Price List to specify the
exclusion of odd lot transactions from CADV calculations for a limited
period of time for purposes of certain transaction pricing on the
Exchange. The Exchange proposes to implement the Price List change on
December 9, 2013.
    The Exchange provides a member or member organization with the
opportunity to qualify for one or more pricing tiers based on its level
of activity during a particular month. Each tier has a corresponding
fee or credit that applies to the member's or member organization's
transactions during the month. Generally, a qualifying member or member
organization would be subject to a lower transaction fee or a higher
transaction credit, depending on the particular tier. Many of these
tiers use a specific percentage of CADV in NYSE-listed securities
(i.e., Tape A securities) during the billing month (``NYSE CADV'') as a
threshold that a member's or member organization's activity must meet
or exceed in order to qualify for the particular tier. For example, in
order to qualify for a reduced fee of $0.00055 per share for executions
of market at-the-close (``MOC'') and limit at-the-close (``LOC'')
orders, a member or member organization must execute an average daily
volume (``ADV'') of MOC/LOC activity on the Exchange during the month
that is at least 0.375% of NYSE CADV. As an additional example,
transaction pricing for a member or member organization that is a
Designated Market Maker (``DMM'') can depend on whether the security is
considered ``More Active'' or ``Less Active.'' Such a determination is
based on the CADV for the security in the previous month.\3\
---------------------------------------------------------------------------

    \3\ A ``More Active'' security is one with CADV in the previous
month equal to or greater than one million shares. A ``Less Active
security is one with CADV in the previous month of less than one
million shares.
---------------------------------------------------------------------------

    CADV is a measure of transactions in Tape A, Tape B and Tape C
securities reported to the consolidated tape. NYSE CADV is a measure of
transactions only in Tape A securities reported to the consolidated
tape. Transactions in Tape A securities that are not reported to the
consolidated tape are not included in NYSE CADV for purposes of the
Price List. An odd lot transaction, which is generally an execution of
less than 100 shares, is not currently reported to the consolidated
tape and is therefore not currently included in NYSE CADV.\4\ Beginning
December 9, 2013, odd lot transactions will be reported to the
consolidated tape.\5\ The Exchange proposes to amend the Price List to
specify that odd lot transactions

reported to the consolidated tape will be excluded from NYSE CADV
through January 31, 2014 for purposes of billing on the Exchange. This
proposed change is intended to maintain consistency in the Exchange's
current method of determining tier qualifications for a limited period
of time in order to provide members and member organizations with an
opportunity to adjust to the potential impact of the inclusion of odd
lot transactions in NYSE CADV.
---------------------------------------------------------------------------

    \4\ See NYSE Rule 55. A round lot is generally an execution of
100 shares or a multiple thereof.
    \5\ See Securities Exchange Act Release No. 70794 (October 31,
2013), 78 FR 66789 (November 6, 2013) (SR-CTA-2013-05) (Order
Approving the Eighteenth Substantive Amendment to the Second
Restatement of the CTA Plan). See also Securities Exchange Act
Release No. 70793 (October 31, 2013), 78 FR 66788 (November 6, 2013)
(File No. S7-24-89) (Order Approving Amendment No. 30 to the Joint
Self-Regulatory Organization Plan Governing the Collection,
Consolidation and Dissemination of Quotation and Transaction
Information for Nasdaq-Listed Securities Traded on Exchanges on an
Unlisted Trading Privileges Basis). See also Securities Exchange Act
Release No. 70898 (November 19, 2013), 78 FR 70386 (November 25,
2013) (SR-NYSE-2013-75). See also announcements regarding December
9, 2013 implementation date, available at https://cta.nyxdata.com/cta/popup/news/2385 and http://www.nasdaqtrader.com/TraderNews.aspx?id=uva2013-11. If the inclusion of odd lot
transactions in the consolidated tape is delayed to a date after
December 9, 2013, the manner of inclusion or exclusion of odd lot
transactions described in this proposal for purposes of billing on
the Exchange would similarly take effect on such later date.
---------------------------------------------------------------------------

    As described above, CADV is also used in the Price List to
differentiate between ``More Active'' and ``Less Active'' securities
for purposes of DMM pricing. Odd lot transactions are currently
excluded when determining whether a security is More Active or Less
Active because odd lot transactions are not currently reported to the
consolidated tape. In contrast to the proposed change described above,
the Exchange will not make any adjustment beginning on December 9, 2013
to consolidated tape figures for purposes of determining whether a
security is More Active or Less Active.\6\ Therefore, beginning
December 9, 2013, odd lot transactions reported to the consolidated
tape would be included in More Active/Less Active determinations. These
determinations are based on CADV from the previous month and DMMs would
therefore be able to adjust their activity immediately on December 9,
2013 based on November 2013 CADV.
---------------------------------------------------------------------------

    \6\ The Exchange considers a change to the text of the Price
List unnecessary to reflect this result because it will occur
automatically by operation of odd lot transactions being reported to
the consolidated tape.
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
issues and the Exchange is not aware of any problems that members or
member organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\8\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed change is reasonable
because it will maintain consistency in the current manner of measuring
member or member organization activity with respect to transaction
pricing on the Exchange for a limited period of time. Absent this
change, the denominator of a tier threshold calculation (i.e., NYSE
CADV) would increase immediately when odd lot transactions begin to be
reported to the consolidated tape and a member or member organization
would therefore need to immediately increase its own activity (i.e.,
the numerator) to qualify for the tier compared to when odd lot
transactions were not included in the consolidated tape. However, such
an increase in member or member organization activity would not result
in any corresponding benefit to the member or member organization,
because the Exchange is not proposing a change to the tier rates. The
Exchange anticipates that the eventual impact on determining tier
qualifications will be minimal when odd lot transactions begin to be
included in NYSE CADV. Notwithstanding the anticipated minimal impact,
however, the Exchange believes that it is reasonable to provide members
and member organizations with a limited transition period to adapt to
such impact.
    The Exchange believes that it is reasonable to include odd lot
transactions in More Active/Less Active security determinations
immediately on December 9, 2013 because such determinations are based
on CADV from the previous month. DMMs would therefore be able to adjust
their activity immediately on December 9, 2013 based on November 2013
CADV. This is different than with excluding odd lot transactions from
the NYSE CADV calculation for a limited period of time because NYSE
CADV is determined based on the actual billing month, not a prior
month. Furthermore, the Exchange does not anticipate that including odd
lot transactions in these determinations beginning on December 9, 2013
would have a significant impact on the number of securities that would
otherwise be considered Less Active absent the inclusion of odd lot
transactions.\9\
---------------------------------------------------------------------------

    \9\ Based on October 2013 data, fewer than 1% of securities to
which a DMM is assigned would become More Active securities by
including odd lot transactions.
---------------------------------------------------------------------------

    The proposed change is equitable and not unfairly discriminatory
because it would apply to all members and member organizations equally.
More specifically, odd lot transactions would be excluded from NYSE
CADV for billing purposes for all members and member organizations for
a limited period of time. The proposed change is also equitable and not
unfairly discriminatory because the inclusion of odd lots in the NYSE
CADV calculation beginning on February 1, 2014 would occur at the same
time for all members and member organizations, after the same nearly
two month transition period. The proposed change is also equitable and
not unfairly discriminatory because odd lot transactions would be
immediately included in More Active/Less Active determinations for all
members and member organizations that operate as DMMs. Immediately
including odd lot transactions reported to the consolidated tape in
More Active/Less Active determinations is equitable and not unfairly
discriminatory because DMMs would be able to adjust their activity
immediately on December 9, 2013 based on November 2013 CADV. Finally,
the Exchange believes that it is subject to significant competitive
forces, as described below in the Exchange's statement regarding the
burden on competition.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. Instead, the proposed change would maintain
consistency in the Exchange's current method of determining tier
qualifications for a limited period of time in order to give members
and member organizations an opportunity to adjust to the inclusion of
odd lot transactions in NYSE CADV. This proposed change is also
designed to maintain competition on the Exchange by eliminating the
potential for members and member organizations to immediately fail to
qualify for a tier due to the inclusion of odd lot transactions in the
consolidated tape beginning on December 9, 2013. The Exchange believes
that competition would not be burdened by including odd lot
transactions in More Active/Less Active determinations because the
Exchange anticipates that this would not have a significant impact on
the number of securities that would otherwise be considered Less Active
absent the inclusion of odd lot transactions--i.e., fewer than 1% of
securities to which a

DMM is assigned based on October 2013 data.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee or credit levels at a particular
venue to be unattractive. In such an environment, the Exchange must
continually review, and consider adjusting, its fees and credits to
remain competitive with other exchanges. The billing method described
herein is based on objective standards that are applicable to all
members and member organizations and reflects the need for the Exchange
to offer significant financial incentives to attract order flow. For
these reasons, the Exchange believes that the proposed rule change
reflects this competitive environment and is therefore consistent with
the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2013-78 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2013-78. 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 such 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-NYSE-2013-78 and should be
submitted on or before January 2, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-29495 Filed 12-10-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78306-78307]
[FR Doc No: 2010-31479]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63502; File No. SR-CBOE-2010-112]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to the Extension of the Individual Stock Trading
Pause Pilot Program

December 9, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on December 7, 2010, Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Chicago Board Options Exchange, Incorporated (the ``Exchange''
or ``CBOE'') proposes to extend a pilot program pertaining to the CBOE
Stock Exchange (``CBSX''), the CBOE's stock trading facility, through
April 11, 2011. This rule change simply seeks to extend the pilot. No
other changes to the pilot are being proposed. The text of the proposed
rule change is available on the Exchange's Web site (http://www.cboe.org/Legal), at the Exchange's Office of the Secretary and at
the Commission.

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 those 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 parts of such
statements.

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

1. Purpose
    Rule 6.3C, Individual Stock Trading Pauses Due to Extraordinary
Market Volatility, was approved by the Securities and Exchange
Commission (``Commission'') on June 10, 2010 on a pilot basis to end on
December 10, 2010.\3\ The rule was developed in consultation with U.S.
listing markets to provide for uniform market-wide trading pause
standards for certain individual stocks that experience rapid price
movement.\4\ As the duration of the pilot expires on December 10, 2010,
the Exchange is proposing to extend the effectiveness of Rule 6.3C
through April 11, 2011.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010) (SR-CBOE-2010-047).
    \4\ The pilot list of stocks originally included all stocks in
the S&P 500 Index, but it has been expanded to also include all
stocks in the Russell 1000 Index and a pilot list of Exchange Traded
Products. See Securities Exchange Act Release No. 62884 (September
10, 2010), 75 FR 56618 (September 16, 2010) (SR-CBOE-2010-065).
---------------------------------------------------------------------------

2. Statutory Basis
    Extension of the pilot period will allow the Exchange to continue
to operate the pilot on an uninterrupted basis. Accordingly, CBOE
believes the proposed rule change is consistent with the Act \5\ and
the rules and regulations under the Act applicable to a national
securities exchange and, in particular, the requirements of Section
6(b) of the Act.\6\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \7\ requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest. The proposed
rule change is also designed to support the principles of Section
11A(a)(1) \8\ of the Act in that it seeks to assure fair competition
among brokers and dealers and among exchange markets. The Exchange
believes that the proposed rule meets these requirements in that it
promotes transparency and uniformity across markets concerning
decisions to pause trading in a stock when there are significant price
movements.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78a et seq.
    \6\ 15 U.S.C. 78(f)(b).
    \7\ 15 U.S.C. 78(f)(b)(5).
    \8\ 15 U.S.C. 78k-1(a)(1).

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

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

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). When filing a proposed rule change
pursuant to Rule 19b-4(f)(6) under the Act, an exchange is required
to give the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date
of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Commission notes that the Exchange
has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\11\
However, Rule 19b-4(f)(6) \12\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ Id.
---------------------------------------------------------------------------

    The Commission has considered the Exchange's request to waive the
30-day operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest, as it will allow the pilot program to continue
uninterrupted, thereby avoiding the investor confusion that could
result from a temporary interruption in the pilot program.\13\
Therefore, the Commission designates the proposed rule change to be
operative upon filing.
---------------------------------------------------------------------------

    \13\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2010-112 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2010-112. This file
number should be included on the subject line if e-mail 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2010-112 and should be
submitted on or before January 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31479 Filed 12-14-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59304-59306]
[FR Doc No: 2022-21340]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0758]
RIN 1625-AA00

Safety Zone; 25th Annual Key West Paddle Classic, Atlantic Ocean,
Key West, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
certain navigable waters of the Atlantic Ocean and adjoining waterways,
surrounding Key West, Florida, during the 25th Annual Key West Paddle
Classic event. The safety zone is necessary to ensure the safety of
event participants and spectators. Persons and non-participant vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone unless authorized by the Captain of
the Port (COTP) Key West or a designated representative.

DATES: This rule is effective from 7 a.m. until 3 p.m. on October 1,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0758 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Hailye Reynolds, Waterways
Management Division Chief, Sector Key West, FL, U.S. Coast Guard;
telephone<PHONE_NUMBER>; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. The primary justification for this action is that
the Coast Guard did not receive final details from the event sponsor
for this year's event within the reporting threshold requirements. The
Coast Guard has an existing safety zone for this event in 33 CFR
165.786, Table to Sec.  165.786, Item No. 4.1; however, the existing
regulation only covers the event when it is scheduled on the last
weekend of April. Therefore, the Coast Guard lacks sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule. It would be impracticable and contrary to the
public interest to delay promulgating this rule, as it is necessary to
protect the safety of participants, spectators, the public, and vessels
transiting the waters adjacent to Key West, FL.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the event is taking place on
October 1, 2022, and immediate action is needed to respond to the
potential safety hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The Captain of the Port Key West (COTP) has determined
that potential hazards associated with open water swim events will be a
safety concern for persons and vessels in the regulated area. This rule
is needed to ensure the safety of the event participants, the

general public, vessels and the marine environment in the navigable
waters within the safety zone during the 25th Annual Key West Paddle
Classic paddle board event.

IV. Discussion of the Rule

    This rule establishes a moving safety zone on October 1, 2022, for
a period of 8 hours, from 7 a.m. until 3 p.m. The moving safety zone
will cover all waters within 50 yards in front of the lead safety
vessel preceding the first event participants, 50 yards behind the
safety vessel trailing the last event participants, and at all times
extend 100 yards on either side of safety vessels. The event course
begins at Higgs Beach in Key West, Florida, moves west to the area
offshore of Fort Zachary Taylor Historic State Park, north through Key
West Harbor, east through Fleming Key Cut, south through Cow Key
Channel, and west returning back to Higgs Beach. The event is scheduled
to take place from 7 a.m. until 3 p.m. Approximately 150 paddle
boarders and five safety vessels are anticipated to participate in the
event. The safety zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the event.
Persons and non-participant vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
without obtaining permission from the COTP Key West or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Key West or
a designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
or by on-scene designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the following
reasons: (1) the temporary safety zone will only be enforced for a
total of 8 hours; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the safety zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the areas during the enforcement period if authorized by
the COTP or a designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not

individually or cumulatively have a significant effect on the human
environment. The regulated area will impact small designated areas of
the Atlantic Ocean and Gulf of Mexico around Key West, Florida, for
only 8 hours and thus is limited in time and scope. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T07-0758 to read as follows:

Sec.  165.T07-0758  Safety Zone; 25th Annual Key West Paddle Classic,
Key West, FL.

    (a) Location. The following regulated area is a moving safety zone:
All waters extending 100 yards to either side of the race participants
and safety vessels; extending 50 yards in front of the lead safety
vessel preceding the first race participants; and extending 50 yards
behind the safety vessel trailing the last race participants. The event
course begins at Higgs Beach in Key West, Florida, moves west to the
area offshore of Fort Zachary Taylor Historic State Park, north through
Key West Harbor, east through Fleming Key Cut, south through Cow Key
Channel, and west returning back to Higgs Beach.
    (b) Definition. As used in this section, the term designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Key West (COTP) in the enforcement of
the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Key West or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Key West
by telephone at<PHONE_NUMBER>, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Key West or a designated
representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 7 a.m.
until 3 p.m. on October 1, 2022.

    Dated: September 27, 2022.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2022-21340 Filed 9-29-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 33998-34000]
[DOCID:fr20jn07-79]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

June 12, 2007.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER01-3001-017.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits its
Summer Compliance Report on Demand

Response Programs and New Generation Projects.
    Filed Date: 6/1/2007.
    Accession Number: 20070601-5059.
    Comment Date: 5 p.m. Eastern Time on Friday, June 22, 2007.

    Docket Numbers: ER06-1421-000.
    Applicants: The Clearing Corporation.
    Description: The Clearing Corporation submits a Notice of
Withdrawal of its 8/29/06 Application for Market Based Rate Authority.
    Filed Date: 6/5/2007.
    Accession Number: 20070608-0005.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 26, 2007.

    Docket Numbers: ER07-423-002.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Company submits its
compliance Electric Refund Report.
    Filed Date: 6/8/2007.
    Accession Number: 20070608-5020.
    Comment Date: 5 p.m. Eastern Time on Friday, June 29, 2007.

    Docket Numbers: ER07-613-003.
    Applicants: California Independent System Operator Corporation,
Inc.
    Description: California Independent System Operator Corporation
submits its Compliance Filing in accordance with FERC's May 8, 2007
Order.
    Filed Date: 6/7/2007.
    Accession Number: 20070611-0074.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 28, 2007.

    Docket Numbers: ER07-642-001.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc agent for Alabama Power
Company et al submits responses to FERC's Staff's Deficiency Letter.
    Filed Date: 5/29/2007.
    Accession Number: 20070531-0092.
    Comment Date: 5 p.m. Eastern Time on Friday, June 15, 2007.

    Docket Numbers: ER07-734-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool Inc submits an executed Meter
Agent Services Agreement between Kansas Electric Power Cooperative Inc
& the Empire District Electric Company.
    Filed Date: 6/7/2007.
    Accession Number: 20070611-0073.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 28, 2007.

    Docket Numbers: ER07-736-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits the executed Firm
Point-to-Point Transmission Service Agreement with the City of
Independence, Missouri.
    Filed Date: 6/7/2007.
    Accession Number: 20070611-0075.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 28, 2007.

    Docket Numbers: ER07-749-001.
    Applicants: Dyon, LLC.
    Description: Dyon, LLC submits an amendment to its application for
market-based rate authority and accompany electric power sales tariff
originally submitted on 4/13/07 in compliance with Order 614 et al.
    Filed Date: 6/5/2007.
    Accession Number: 20070607-0202.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 26, 2007.

    Docket Numbers: ER07-752-001; ER07-753-001; ER07-754-001; ER07-755-
001; ER07-756-001.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc submits First Revised Sheets 2 of
its Supplemental Generation Agreements in compliance with the
Commission's 5/22/07 letter order.
    Filed Date: 6/6/2007.
    Accession Number: 20070608-0095.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 27, 2007.

    Docket Numbers: ER07-930-001.
    Applicants: AER NY-Gen, LLC.
    Description: AER NY-Gen LLC submits Exhibit A--Substitute Original
Sheet 1 to FERC Electric Tariff, Second Revised Volume 1.
    Filed Date: 6/6/2007.
    Accession Number: 20070607-0203.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 27, 2007.

    Docket Numbers: ER07-988-000.
    Applicants: ISO New England Inc.; Hydro-Quebec TransEnergie.
    Description: ISO New England, Inc et al submits the Final English-
French translated version of the Highgate Interconnection Operators
Agreement relating to the Highgate Interconnection Facilities.
    Filed Date: 5/31/2007.
    Accession Number: 20070605-0183.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 21, 2007.

    Docket Numbers: ER07-1015-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits an executed service
agreement for firm point-to-point transmission service with Southwest
Public Service Co.
    Filed Date: 6/7/2007.
    Accession Number: 20070611-0078.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 28, 2007.

    Docket Numbers: ER07-1016-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co submits a Letter
Agreement with Ocotillo Development LLC.
    Filed Date: 6/7/2007.
    Accession Number: 20070611-0077.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 28, 2007.

    Docket Numbers: ER07-1017-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Co of New Mexico submits an Operation
and Maintenance Agreement for Aztec Substation with Western Area Power
Administration.
    Filed Date: 6/8/2007.
    Accession Number: 20070611-0076.
    Comment Date: 5 p.m. Eastern Time on Friday, June 29, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern Time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an

eSubscription link on the Web site that enables subscribers to receive
e-mail notification when a document is added to a subscribed
dockets(s). For assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,

call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-11880 Filed 6-19-07; 8:45 am]

BILLING CODE 6717-01-P