[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43697-43699]
[FR Doc No: 2020-14394]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0155 and EPA-HQ-OPP-2019-0383; FRL-10008-84]

Hexythiazox; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the existing tolerances for residues of
the ovicide/miticide hexythiazox in or on Caneberry, Subgroup 13-07A,
by increasing the current tolerance from 1 part per million (ppm) to 3
ppm; and on Date, dried, by increasing the current tolerance from 1.0
ppm to 3 ppm. This regulation also establishes a tolerance for residues
of the ovicide/miticide hexythiazox in or on Tea, dried at 15 ppm.
Gowan Company and the Tea Association of the USA, Inc. requested these
tolerances and tolerance revisions under the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a.

DATES: This regulation is effective July 20, 2020. Objections and
requests for hearings must be received on or before September 18, 2020,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The dockets for this action, identified by docket
identification (ID) numbers EPA-HQ-OPP-2017-0155 and EPA-HQ-OPP-2019-
0383, are available at http://www.regulations.gov or at the Office of
Pesticide Programs Regulatory Public Docket (OPP Docket) in the
Environmental Protection Agency Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW,
Washington, DC 20460-0001. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPP Docket is<PHONE_NUMBER>.
    Please note that due to the public health emergency, the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Director,
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID numbers EPA-HQ-OPP-2017-0155 and EPA-HQ-OPP-2019-0383 in the
subject line on the first page of your submission. All objections and
requests for a hearing must be in writing and must be received by the
Hearing Clerk on or before September 18, 2020. Addresses for mail and
hand delivery of objections and hearing requests are provided in 40 CFR
178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID numbers EPA-HQ-OPP-2017-0155 and EPA-
HQ-OPP-2019-0383, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of February 11, 2020 (85 FR 7708) (FRL-
10005-02), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a

pesticide petition (PP 9F8737) by Gowan Company, P.O. Box 5569, Yuma,
AZ 85366-5569. The petition requested that 40 CFR 180.448 be amended by
increasing the existing tolerances for residues of the ovicide/miticide
hexythiazox, (4R,5R)-rel-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-
oxo-3-thiazolidinecarboxamide, in or on caneberry, subgroup 13-07A to
3.0 parts per million (ppm) and date, dried to 3.0 ppm.
    In addition, in the Federal Register of August 30, 2019 (84 FR
45702) (FRL-9998-15), EPA issued another document pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a
pesticide petition (PP 9E8756) by the Tea Association of the USA, Inc.,
362 5th Avenue, Suite 1002, New York, NY 10001-2251. This petition
requested that 40 CFR part 180.448 be amended by establishing
tolerances for residues of the ovicide/miticide hexythiazox, (4R,5R)-
rel-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-oxo-3-
thiazolidinecarboxamide, in or on tea, dried at 15.0 ppm.
    These documents referenced summaries of the petitions prepared by
the Gowan Company and the Tea Association of the USA, Inc., which are
available in the referenced dockets, http://www.regulations.gov. There
were no substantive comments received in response to either notice of
filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for hexythiazox including exposure
resulting from the tolerances established by this action. A summary of
EPA's assessment of exposures and risks associated with hexythiazox
follows.
    In the Federal Register on October 30, 2017 (82 FR 50084) (FRL-
9968-12), EPA published a final rule amending an existing tolerance for
residues of the ovicide/miticide hexythiazox in or on Hop, dried cone
based on the Agency's determination that aggregate exposure to
hexythiazox is safe for the U.S. general population and all population
subgroups, including infants and children. That document contains a
summary of the toxicological profile and points of departure (PODs),
assumptions for exposure assessment, and the EPA's determination
regarding the children's safety factor which have not changed.
    The toxicological endpoints table included in the last rule
included inhalation exposure scenarios because EPA had concluded that
there was a potential for residential handler inhalation exposure from
uses on the label. EPA now assumes that products requiring personal
protective equipment (PPE) on the label are not intended for homeowner
use and there is no residential exposure associated with hexythiazox.
Therefore, the aggregate exposure assessment no longer includes
residential handler exposures, and the inhalation point of departure is
no longer relevant for the FFDCA safety determination of hexythiazox.
More detailed information on the risk assessment supporting the October
30, 2017 Federal Register can be found in the document entitled,
``Hexythiazox: Human Health Risk Assessment for Amended Use on Hops''
by going to http://www.regulations.gov. The referenced document is
available in docket ID number EPA-HQ-OPP-2017-0155.
    An acute dietary risk assessment is not required since no endpoint
attributable to a single oral exposure was identified from the
available toxicity database. Thus, there are no acute dietary risk
estimates of concern for the U.S. general population or any population
subgroup, including infants and children. EPA conducted an updated
chronic dietary exposure assessment, taking into consideration
exposures from already established tolerances as well as the new and
modified tolerances in this action. Chronic risks are below the
Agency's level of concern: 97% of the chronic population adjusted dose
(cPAD) for children 1-2 years old, the population group with the
highest exposure. Hexythiazox is classified as ``Likely to be
Carcinogenic to Humans.'' Based on the results of the chronic
assessment, which is protective of potential carcinogenicity, EPA does
not expect exposure to hexythiazox to pose a cancer risk. Using the
exposure assumptions described for short-term exposures, EPA has
concluded the combined short-term food, water, and residential
exposures result in aggregate margins of exposures above the level of
concern of 100 for all scenarios assessed and are not of concern.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the U.S. general population, or to infants and children, from
aggregate exposure to hexythiazox residues. More detailed information
on the subject action to amend the existing tolerances in or on
Caneberry, Subgroup 13-07A and on Date, dried, and to establish a
tolerance in or on Tea, dried can be found in the document entitled,
``Hexythiazox: Human Health Risk Assessment for Amended Tolerances on
Caneberry Subgroup 13-07A and Dates, Dried and Establishment of a
Tolerance Without U.S. Registration for Residues in Tea'' by going to
http://www.regulations.gov. The referenced document is available in the
dockets established by this action, which are described under
ADDRESSES. Locate and click on the hyperlinks for docket ID numbers
EPA-HQ-OPP-2017-0155 and EPA-HQ-OPP-2019-0383.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An adequate High-Performance Liquid Chromatograph/Ultraviolet
Detection (HPLC/UV) analytical method is available for the enforcement
of tolerances for residues of hexythiazox and its metabolites
containing the PT-1-3 moiety in crop and livestock commodities. This
method is listed in the U.S. EPA Index of Residue Analytical Methods
under hexythiazox as method AMR-985-87. Hexythiazox has been tested FDA
Multiresidue protocols C through E and the findings have been forwarded
to the FDA. Hexythiazox metabolites were not recovered through
protocols C through E.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Road, Ft. Meade, MD
20755-5350; telephone number: (410) 305-

2905; email address<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has established an MRL on tea at 15 ppm, which harmonizes
with the U.S. tolerance on tea. Codex has also established an MRL for
date at 2 ppm. The U.S. tolerance is not harmonized with this MRL
because the U.S. method for measuring residues includes the
metabolites, whereas the Codex MRL only includes measurement of the
parent compound. The Codex has not established an MRL for residues of
hexythiazox on raspberry, a representative commodity for caneberry
subgroup 13-07A.

V. Conclusion

    Therefore, tolerances are amended for residues of the ovicide/
miticide hexythiazox, (4R,5R)-rel-5-(4-chlorophenyl)-N-cyclohexyl-4-
methyl-2-oxo-3-thiazolidinecarboxamide, in or on Caneberry, subgroup
13-07A at 3 parts per million (ppm) and Date, dried at 3 ppm; and a new
tolerance is being established in or on Tea, dried at 15 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes and modifies tolerances under FFDCA section
408(d) in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). This action does not contain any information collections subject
to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501
et seq.), nor does it require any special considerations under
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 24, 2020.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.448 amend the table in paragraph (a) by revising the
entries for ``Caneberry subgroup 13-07A'' and ``Date, dried fruit'' and
adding in alphabetical order an entry for ``Tea, dried'' to read as
follows:

Sec.  180.448  Hexythiazox; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Caneberry, Subgroup 13-07A.................................            3

                                * * * * *
Date, dried................................................            3

                                * * * * *
Tea, dried \1\.............................................           15

                                * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for this commodity as of July 20,
  2020.

* * * * *
[FR Doc. 2020-14394 Filed 7-17-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Pages 17592-17594]
[FR Doc No: 2021-06931]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R03-OAR-2021-0237; FRL-10022-17-Region 3]

Access to Confidential Business Information by Booz Allen
Hamilton Inc., Subcontractor of Contractor Arctic Slope Mission
Services, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of subcontractor access to confidential business
information.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
allowing Booz Allen Hamilton Inc. of McLean, VA, subcontractor of
contractor Arctic Slope Mission Services, LLC of Beltsville, MD, to
access information which has been submitted to EPA under the
environmental statutes administered by the Agency at its Region 3
offices. Some of the information may be claimed

or determined to be confidential business information.

DATES: Comments must be received on or before April 26, 2021. Access to
the confidential data began on or about February 15, 2017 and September
29, 2017.

ADDRESSES: You may submit your comments by one of the following
methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2021-0237. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The federal website, https://www.regulations.gov, is an ``anonymous access'' system, which means EPA
will not know your identity or contact information unless you provide
it in the body of your comment. If you send an email comment directly
to EPA without going through https://www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment. If EPA cannot read your comment due to technical difficulties,
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. EPA encourages electronic submittals, but if you are unable to
submit electronically, please reach out to the EPA contact person
listed in the notice for assistance. If you need assistance in a
language other than English, or you are a person with disabilities who
needs a reasonable accommodation at no cost to you, please reach out to
the EPA contact person by email or telephone.

FOR FURTHER INFORMATION CONTACT: Michael Klotz,<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>mailing address: EPA Region 3, Mission
Support Division (Mail Code 3MD50), 1650 Arch Street, Philadelphia, PA
19103.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the general public. This action may,
however, be of interest to anyone who submitted what may be determined
to be confidential business information to EPA Region 3. Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.

B. How can I get copies of this document and other related information?

    All documents in the docket are listed in the https://www.regulations.gov index, under docket identification number EPA-R3-
OAR-2021-0237. Although listed in the index, some information might not
be publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Publicly available docket materials are
accessible electronically through https://www.regulations.gov.

II. What action is the Agency taking?

    EPA Region 3 manages records for all its divisions using the
support of contractors and subcontractors. The contractors and
subcontractors assist with indexing and filing both physical and
digital records, and with determining the disposition of records to
ensure compliance with the Federal Records Act. Under EPA contract EP-
W17-011 (the contract), and EPA Region 3 task orders 0037 and 0054,
Arctic Slope Mission Services, LLC (ASMS) of 7000 Muirkirk Meadows
Drive, Suite 100, Beltsville, MD 20705, is responsible for reviewing,
sorting, filing, and indexing records, and identifying files as closed,
active, or inactive, to determine whether they should be disposed of or
stored at either the EPA Region 3 offices or the Federal Records
Center. Pursuant to its contract, ASMS entered into a subcontract with
Booz Allen Hamilton Inc. (BAH) of 8283 Greensboro Drive, Mclean, VA
22102. BAH is responsible for performing under these task orders. Task
order 0037 concerns records for the Office of Regional Counsel and
records for the Hazardous Site Cleanup Division, now called the
Superfund and Emergency Management Division, while task order 0054
addresses all other regional records.
    EPA has permitted, and will continue to permit, BAH personnel to
have access to information submitted to EPA under the statutes
administered by the Agency. Some of the information may be claimed or
determined to be CBI. In accordance with 40 CFR 2.301(h)(2)(i) (Clean
Air Act (CAA)), and any provisions from 40 CFR 2.302 through2.310
incorporating 40 CFR 2.301(h)(2)(i) (Clean Water Act (CWA), Safe
Drinking Water Act (SDWA), Resource Conservation and Recovery Act
(RCRA), Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA)), 40 CFR 2.306(j) (Toxic Substances Control Act
(TSCA)), 40 CFR 2.307(h)(3) (Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA)), 40 CFR 2.308(i) (Federal Food, Drug and
Cosmetic Act (FDCA)), 40 CFR 350.23(b) (Emergency Planning and
Community Right-to-Know Act (EPCRA)), EPA has determined that under
task orders 0037 and 0054, BAH requires access to CBI submitted to EPA,
to perform successfully the duties required under the task orders.
    Among the procedures established by EPA's confidentiality
regulations for granting access to CBI is prior notification to the
submitters of CBI that BAH will have access to this information. See 40
CFR 2.301(h)(2)(iii) for information submitted under the CAA,
corresponding provisions of 40 CFR 2.302 through 2.311 for information
submitted under the CWA, SDWA, RCRA, TSCA, FIFRA, FDCA, CERCLA, and 40
CFR 350.23 for EPCRA. This notification is intended to fulfill that
requirement. EPA Region 3 has permitted BAH personnel access to this
information prior to publishing this document. All access to CBI under
the contract and task orders has occurred and will continue to occur in
accordance with EPA's polices and regulations for the handling of CBI
at the EPA Region 3 offices located at 1650 Arch Street, Philadelphia,
PA, 410 Severn Avenue, Annapolis, MD 21403-2567, 701 Mapes Road, Ft.
Meade, MD 20755-5350, and 1060 Chapline Street, Suite 303, Wheeling, WV
26003-2995. The contract and task orders include terms that require the
proper treatment and safeguarding of CBI. As BAH is responsible for
performing under task orders 0037 and 0054, its personnel have access
to CBI pursuant to those task orders. BAH personnel sign nondisclosure
agreements and are briefed on appropriate security procedures before
they are permitted access to CBI. In addition, they attend annual,
mandatory training on the proper treatment and protection of CBI.

    BAH access to CBI for task order 0037 began on February 15, 2017
and will expire on February 14, 2022, if all four option years are
exercised. BAH access to CBI for task order 0054 began on September 29,
2017 and will expire on September 28, 2022, if all four option years
are exercised. If the contract or task orders are further extended,
this access will also continue for the duration of the extension
without further notice.

Catharine McManus,
Mission Support Division Director, Region 3.
[FR Doc. 2021-06931 Filed 4-2-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51627-51631]
[FR Doc No: 2015-20931]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75734; File No. SR-NASDAQ-2015-097]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Surveillance Agreements

August 19, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 17, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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 the
Substance of the Proposed Rule Change

    The Exchange proposes to amend NOM Chapter IV, Section 3 to allow
the listing of options overlying ETFs \3\ that are listed pursuant to
generic listing standards on equities exchanges for series of ETFs
based on international or global indexes, pursuant to which a
comprehensive surveillance agreement is not required.\4\
---------------------------------------------------------------------------

    \3\ ETFs are also referred to in Exchange rules as ``Fund
Shares.'' See, e.g., NOM Chapter IV, Sections 3 and 6.
    \4\ NASDAQ is the principal exchange within the Group for
listing ETFs. NASDAQ has generic listing standards for Portfolio
Depository Receipts (``PDRs'') and Index Fund Shares (``IFSs''). See
NASDAQ Rule 5705(b)(3)(A)(ii) regarding IFSs and 5705(a)(3)(A)(ii)
regarding PDRs (IFSs and PDRs are together known as ETFs in NASDAQ
Rule 5705). See also NYSE MKT Rule 1000 Commentary .03(a)(B); NYSE
Arca Equities Rule 5.2(j)(3) Commentary .0l(a)(B); and BATS Rule
14.11(b)(3)(A)(ii).
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.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 aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend NOM Chapter IV, Section 3 to allow
the listing of options overlying ETFs \5\ that are listed pursuant to
generic listing standards on equities exchanges for series of ETFs
based on international or global indexes, pursuant to which a
comprehensive surveillance agreement is not required.\6\
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    \5\ ETFs are also referred to in Exchange rules as ``Fund
Shares.'' See, e.g., NOM Chapter IV, Sections 3 and 6.
    \6\ NASDAQ is the principal exchange within the Group for
listing ETFs. NASDAQ has generic listing standards for Portfolio
Depository Receipts (``PDRs'') and Index Fund Shares (``IFSs''). See
NASDAQ Rule 5705(b)(3)(A)(ii) regarding IFSs and 5705(a)(3)(A)(ii)
regarding PDRs (IFSs and PDRs are together known as ETFs in NASDAQ
Rule 5705). See also NYSE MKT Rule 1000 Commentary .03(a)(B); NYSE
Arca Equities Rule 5.2(j)(3) Commentary .0l(a)(B); and BATS Rule
14.11(b)(3)(A)(ii).
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    This proposal is based on a recent immediately effective filing of
Phlx that added exactly the same language as proposed herein, as well
as that of other exchanges,\7\ and serves to align the rules of Phlx
and the Exchange and other markets. Adding the proposed language to NOM
Chapter IV, Section 3(i) will enable the Exchange to list and trade
options on ETFs without a CSSA provided that the underlying ETF is
listed on an equities exchange pursuant to the generic listings
standards that do not require a CSSA pursuant to Rule 19b-4(e) of the
Exchange Act.\8\
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    \7\ See Securities Exchange Act Release No. 74553 (March 20,
2015), 80 FR 16072 (March 26, 2015) (SR-Phlx-2015-27) (notice of
filing and immediate effectiveness to amend Phlx Rule 1009). See
also Securities Exchange Act Release No. 74509 (March 13, 2015), 80
FR 14425 (March 19, 2015) (SR-MIAX-2015-04) (order approving
proposal to amend MIAX Rule 402). The language proposed in these
Phlx and MIAX filings, as also the language proposed in this
proposal, is similar in all material respects. Other exchanges have
submitted similar immediately effective filings. See, e.g.,
Securities Exchange Act Release Nos. 75132 (June 9, 2015), 80 FR
34175 (June 15, 2015) (SR-BOX-2015-21); 74832 (April 29, 2015), 80
FR 25738 (May 5, 2015) (SR-ISE-2015-16); 75296 (June 25, 2015), 80
FR 37692 (July 1, 2015) (SR-CBOE-2015-052); and 75440 (July 13,
2015), 80 FR 42587 (July 17, 2015) (SR-NYSEArca-2015-60).
    \8\ 17 CFR 240.19b-4(e).
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    Rule 19b-4(e) provides that the listing and trading of a new
derivative securities product by an SRO shall not be deemed a proposed
rule change, pursuant to paragraph (c)(l) of Rule 19b-4 \9\ if the
Commission has approved, pursuant to Section 19(b) of the Act,\10\ the
SRO's trading rules, procedures and listing standards for the product
class that would include the new derivatives securities product, and
the SRO has a surveillance program for the product class.\11\ This
proposal allows the Exchange to list and trade options on ETFs based on
international or global indexes that meet the generic listing
standards.\12\
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    \9\ 17 CFR 240.19b-4(c)(1).
    \10\ 15 U.S.C. 78s(b).
    \11\ When relying on Rule 19b-4(e), the SRO must submit Form
19b-4(e) to the Commission within five business days after the SRO
begins trading the new derivative securities products. See
Securities Exchange Act Release No. 40761 (December 8, 1998), 63 FR
70952 (December 22, 1998).
    \12\ See NASDAQ Rule 5705(a)(3)(A)(ii) and (b)(3)(A)(ii); NYSE
MKT Rule 1000, Commentary .03(a)(B); NYSE Arca Equities Rule
5.20(j)(3) [sic], Commentary .0l(a)(B); and BATS Rule
14.1l(b)(3)(A)(ii).
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The Surveillance Agreement Requirement for Options on Exchange-Traded
Funds
    The surveillance agreement requirement (also known as the
``requirement'' or ``regime'') was initially put into effect on Phlx,
which is the oldest options exchange within the Group, for options on
ETFs well over a decade ago but has proven to have anti-competitive
effects that are detrimental to investors.\13\ Specifically, the
requirement limits the investing public's ability to hedge risk or
engage in options strategies that may be afforded to other investors in
domestic securities.\14\
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    \13\ See Securities Exchange Act Release No. 43921 (February 2,
2001), 66 FR 9739 (February 9, 2001) (SR-Phlx-2000-107) (notice of
filing and approval order regarding trading of options on ETFs with
surveillance agreements) (the ``ETF approval order''). The changes
proposed herein relate only to surveillance agreements for options
on global or international ETFs.
    \14\ Moreover, as noted below the surveillance agreement
requirement is present for the derivative options on ETFs but not
for the underlying ETFs.
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    The Exchange allows for the listing and trading of options on ETFs.
NOM Chapter IV, Section 3(i) provides the listings standards for
options on ETFs, which includes ETFs with non-U.S. component
securities, such as ETFs based on international or global indexes.
Currently, NOM Chapter IV, Section 3(i) regarding options on ETFs has a
three-level surveillance agreement requirement (reproduced in relevant
part):
    (i) Any non-U.S. component stocks of the index or portfolio on
which the Fund Shares are based that are not

subject to comprehensive surveillance agreements do not in the
aggregate represent more than 50% of the weight of the index or
portfolio;
    (ii) stocks for which the primary market is in any one country that
is not subject to a comprehensive surveillance agreement do not
represent 20% or more of the weight of the index;
    (iii) stocks for which the primary market is in any two countries
that are not subject to comprehensive surveillance agreements do not
represent 33% or more of the weight of the index.\15\
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    \15\ See NOM Chapter IV, Section 3(i)i.-iii., which is re-
numbered as NOM Chapter IV, Section 3(i)i.(1)-(3). For consistency,
NOM Chapter IV, Section 3(i)iv.-vi. is re-numbered NOM Chapter IV,
Section 3(i)ii.-iv.
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    The Exchange proposes to modify the surveillance agreement
requirement for options on ETFs that are listed pursuant to generic
listing standards for series of ETFs, based on international or global
indexes--for which case a comprehensive surveillance agreement is not
required.
    When the surveillance agreement requirement was instituted in 2001
on Phlx as discussed, ETFs were, comparatively speaking, in a
developmental state.\16\ The first ETF introduced in 1993 was a broad-
based domestic equity fund tracking the S&P 500 index. The development
of ETF products was very limited during the first decade of their
existence, such that at the end of 2001, there was a total of only 102
ETFs listed on U.S. markets. Since 2001, however, the ETF market has
matured tremendously and grown exponentially, such that at the end of
2012 there were a total of 1,194 listed ETFs.\17\ Many of these are
very well known, highly traded and liquid products, such as, for
example, SPDR S&P 500 Trust ETF (SPY), iShares MSCI Emerging Markets
ETF (EEM), and PowerShares QQQ Trust, Series 1 ETF (QQQ), that market
participants from institutional to retail and public investors have
been using for trading, hedging, and investing purposes with varying
timelines.\18\ The ETF market is one of the most highly-developed,
sophisticated markets that provide traders and investors the
opportunity to access practically all industries and enterprises. In
2012 investor demand for ETFs in all asset classes increased
substantially. And in 2011 the demand for global and international
equity ETFs, to which the requirement applies, more than doubled.\19\
The Exchange believes that the surveillance agreement requirement no
longer serves a necessary (or indispensable) function in today's highly
developed ETF market,\20\ and actually creates a dynamic that
negatively impacts the number of markets that can competitively trade
ETF option products, to the detriment of market participants.
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    \16\ See Securities Exchange Act Release No. 43921 (February 2,
2001), 66 FR 9739 (February 9, 2001) (SR-Phlx-2000-107) (ETF
approval order).
    \17\ http://www.icifactbook.org/fb_ch3.html.
    \18\ These can be from intraday exposure (e.g., using Daily S&P
500 Bear 3x Shares (SPXS)) to long-term 401(k) or retirement fund
exposure (e.g., using SPY).
    \19\ http://www.icifactbook.org/fb_ch3.html.
    \20\ ETFs and ETPs listed in the United States gathered $24.6
billion USD in net new assets in June 2014 which, when combined with
positive market performance, pushed the ETF/ETP industry in the
United States to a new record high of $1.86 trillion USD invested in
1,613 ETFs/ETPs, from 58 providers listed on 3 exchanges. And
according to ETFGI, an independent ETF/ETP research and consultancy
firm in the U.K., ETFs and ETPs listed globally reached $2.64
trillion USD in assets, a new record high, at the end of Q2 2014.
http://www.mondovisione.com/media-and-resources/news/according-to-etfgi-etfs-and-etps-listed-globally-reached-us264-trillion-in-as/.
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    The current surveillance requirement has, at times, resulted in the
investing public having to forego the opportunity to hedge risk or
engage in other listed options strategies in a competitive environment.
ETFs may lack active options contracts that would be more likely to
develop if multiple exchanges could compete to offer and promote them.
For example, an investor in the iShares MSCI Indonesia ETF (EIDO) is
not permitted to sell call options or purchase protective puts simply
because the Exchange cannot obtain a surveillance agreement with Bursa
Efek Indonesia. However, an investor in iShares MSCI Emerging Markets
Fund (EEM) is afforded the right to engage in listed options trading to
hedge risk or execute other beneficial options strategies. Both
underlying exchange-traded funds, EIDO and EEM, are listed for trading
in the U.S., subject to constant regulatory scrutiny, and permitted to
be purchased and sold via registered broker/dealers, yet, options can
now be offered only on EEM. The Exchange believes this disparate
treatment between investors of foreign-based instruments, especially
between those that buy and sell options contracts on ETFs, which
currently require surveillance agreements, as opposed to those that buy
and sell shares of the underlying ETFs, which currently do not have the
same onerous surveillance agreement requirement that ETF options
have,\21\ is not in the best interest of market participants. The
Exchange therefore proposes to establish that options on generically-
listed global or international ETFs would not require surveillance
agreements for listing.
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    \21\ While the surveillance agreement requirement for options on
ETFs found in NOM Chapter IV, Section 3(i) (see note 15 and related
text) has resulted in significant negative implications for market
participants, there is no such surveillance agreement requirement
for the underlying ETFs. In particular, when looking to the rules of
NASDAQ, the primary ETF listing venue in the Group, NASDAQ Rules
5705 regarding ETFs and 5735 regarding Managed Fund Shares
(``MFSs'') have no explicit requirements concerning surveillance
agreements for regularly listed (non-generic) ETFs and MFSs, and
simply state that FINRA will implement written surveillance
procedures. Section 19(b)(2) filings regarding ETFs and MFSs
typically indicate that the Exchange may obtain information
regarding trading in the shares from FINRA and markets and other
entities that are members of the Intermarket Surveillance Group
(``ISG''), which includes securities and futures exchanges, or with
which the Exchange has in place a surveillance agreement (which is
not required by rule). Regarding ETFs and MFSs listed pursuant to
generic (19b-4(e)) standards and reviewed and approved for trading
under Section 19(b)(2) of the Act, Rule 5705 simply notes that the
Commission's approval order may reference surveillance sharing
agreements with respect to non-U.S. component stocks.
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    The current surveillance agreement requirements, as well as all
other requirements to list options on ETFs,\22\ are not affected by
this proposal and will continue to remain in place for options on ETFs
that do not meet generic listing standards on equities exchanges for
ETFs based on international and global indexes.
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    \22\ For purposes of brevity, these other requirements are not
set forth, but can be found in NOM Chapter IV, Section 3(i).
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Generic Listing Standards for Exchange-Traded Funds
    The Exchange notes that the Commission has previously approved
generic listing standards pursuant to Rule 19b-4(e) of the Exchange Act
\23\ for ETFs based on indexes that consist of stocks listed on U.S.
exchanges including NASDAQ, the ETF listing exchange within the
Group.\24\ In general, the criteria for the underlying component
securities in the international and global indexes are similar to those
for the domestic indexes, but with modifications as appropriate for the
issues and risks associated with non-U.S. securities.
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    \23\ 17 CFR 240.19b-4(e).
    \24\ See Securities Exchange Act Release No. 54739 (November 9,
2006), 71 FR 66993 (November 17, 2006) (SR-Amex-2006-78) (initial
order relating to generic listing standards for ETFs based on
international or global indexes). See also NASDAQ Rule 5705(a) (3)
(A) (ii) and (b) (3) (A) (ii).
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    In addition, the Commission has previously approved proposals for
the listing and trading of options on ETFs based on international
indexes as well as global indexes (e.g., based on non-U.S. and U.S.
component stocks).\25\ In

approving ETFs for equities exchange trading, the Commission thoroughly
considered the structure of the ETFs, their usefulness to investors and
to the markets, and SRO rules that govern their trading. The Exchange
believes that allowing the listing of options overlying ETFs that are
listed pursuant to the generic listing standards on equities exchanges
for ETFs based on international and global indexes and applying Rule
19b-4(e) \26\ should fulfill the intended objective of that rule by
allowing options on those ETFs that have satisfied the generic listing
standards to commence trading, without the need for the public comment
period and Commission approval. The proposed rule has the potential to
reduce the time frame for bringing options on ETFs to market, thereby
reducing the burdens on issuers and other market participants. The
failure of a particular ETF to comply with the generic listing
standards under Rule 19b-4(e) \27\ would not, however, preclude the
Exchange from submitting a separate filing pursuant to Section 19(b)
(2),\28\ requesting Commission approval to list and trade options on a
particular ETF. Moreover, the Exchange notes that the generic standards
such as those in proposed NOM Chapter IV, Section 3(i) are not new in
the options world, and have been used extensively for listing options
on narrow-based and broad-based indexes.\29\
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    \25\ See, e.g., Securities Exchange Act Release Nos. 57013
(December 20, 2007), 72 FR 73923 (December 28, 2007) (SR-CBOE-2007-
140) (approval order to list and trade options on iShares MSCI
Mexico Index Fund, when CBOE did not have in place a surveillance
agreement with the Bolsa Mexicana de Valores (the ``Bolsa'')); 57014
(December 20, 2007), 72 FR 73934 (December 28, 2007) (SR-ISE-2007-
111) (approval order to list and trade options on iShares MSCI
Mexico Index Fund, when ISE did not have in place a surveillance
agreement with the Bolsa); 56778 (November 9, 2007), 72 FR 65113
(November 19, 2007) (SR-AMEX-2007-100) (approval order to list and
trade options on iShares MSCI Mexico Index Fund, when AMEX did not
have in place a surveillance agreement with the Bolsa); and 55648
(April 19, 2007), 72 FR 20902 (April 26, 2007) (SR-AMEX-2007-09)
(approval order to list and trade options on Vanguard Emerging
Markets ETF, when AMEX did not have in place a surveillance
agreement with the Bolsa). See also Securities Exchange Act Release
Nos. 50189 (August 12, 2004), 69 FR 51723 (August 20, 2004) (SR-
AMEX-2004-05) (approving the listing and trading of certain Vanguard
International Equity Index Funds); and 44700 (August 14, 2001), 66
FR 43927 (August 21, 2001) (SR-AMEX-2001-34) (approving the listing
and trading of series of the iShares Trust based on foreign stock
indexes).
    \26\ 17 CFR 240.19b-4(e).
    \27\ Id.
    \28\ 15 U.S.C. 78s(b) (2).
    \29\ NOM Chapter IV, Sections 3 and 6 have, for example,
weighting, capitalization, trading volume, and minimum number of
components standards for listing options on broad-based and narrow-
based indexes. For a definition of broad-based index (market index)
and narrow-based index (industry index), see NOM Chapter XIV,
Sections 2(k) and (j), respectively.
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Requirements for Listing and Trading Options Overlying ETFs Based on
International and Global Indexes
    Options on ETFs listed pursuant to these generic standards for
international and global indexes would be traded, in all other
respects, under the Exchange's existing trading rules and procedures
that apply to options on ETFs and would be covered under the Exchange's
surveillance program for options on ETFs.
    Pursuant to proposed NOM Chapter IV, Section 3(i), the Exchange may
list and trade options on an ETF without a CSSA provided that the ETF
is listed pursuant to generic listing standards for ETFs based on
international or global indexes, in which case a comprehensive
surveillance agreement is not required. As noted, one such rule, which
discusses things such as weighting, capitalization, trading volume,
minimum number of components, and where components are listed, is
NASDAQ Rule 5705(b)(3)(A)(ii) regarding ETFs (IFSs and PDRs).\30\ The
Exchange believes that these generic listing standards are intended to
ensure that securities with substantial market capitalization and
trading volume account for a substantial portion of the weight of an
index or portfolio.
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    \30\ NASDAQ Rule 5705(b)(3)(A)(ii) regarding IFSs, for example,
has the following requirements (reproduced in relevant part): a.
component stocks (excluding Derivative Securities Products) that in
the aggregate account for at least 90% of the weight of the index or
portfolio (excluding Derivative Securities Products) each shall have
a minimum market value of at least $100 million; b. component stocks
(excluding Derivative Securities Products) that in the aggregate
account for at least 70% of the weight of the index or portfolio
(excluding Derivative Securities Products) each shall have a minimum
worldwide monthly trading volume of at least 250,000 shares, or
minimum global notional volume traded per month of $25,000,000,
averaged over the last six months; c. the most heavily weighted
component stock (excluding Derivative Securities Products) shall not
exceed 25% of the weight of the index or portfolio, and, to the
extent applicable, the five most heavily weighted component stocks
(excluding Derivative Securities Products) shall not exceed 60% of
the weight of the index or portfolio; d. the index or portfolio
shall include a minimum of 20 component stocks; provided, however,
that there shall be no minimum number of component stocks if either
one or more series of Index Fund Shares or Portfolio Depositary
Receipts constitute, at least in part, components underlying a
series of Index Fund Shares, or one or more series of Derivative
Securities Products account for 100% of the weight of the index or
portfolio; and e. each U.S. Component Stock shall be listed on a
national securities exchange and shall be an NMS Stock as defined in
Rule 600 of Regulation NMS under the Act, and each Non-U.S.
Component Stock shall be listed and traded on an exchange that has
last-sale reporting. NASDAQ Rule 5705(a)(3)(A)(ii) has similar
standards, but tailored for PDRs.
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    The Exchange believes that this proposed listing standard for
options on ETFs is reasonable for international and global indexes,
and, when applied in conjunction with the other listing requirements,
will result in options overlying ETFs that are sufficiently broad in
scope and not readily susceptible to manipulation. The Exchange also
believes that allowing the Exchange to list options overlying ETFs that
are listed on equities exchanges pursuant to generic standards for
series of ETFs based on international or global indexes under which a
CSSA is not required, will result in options overlying ETFs that are
adequately diversified in weighting for any single security or small
group of securities to significantly reduce concerns that trading in
options overlying ETFs based on international or global indexes could
become a surrogate for trading in unregistered securities.\31\
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    \31\ The Exchange also notes that not affording retail investors
the ability to trade on a regulated exchange can be detrimental.
While products can be traded off exchange in the over the counter
(``OTC'') market, which has increased settlement, clearing, and
market risk as opposed to exchanges, the relatively unregulated OTC
market is usually not a viable option for retail and public
investors.
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    The Exchange believes that ETFs based on international and global
indexes that have been listed pursuant to the generic standards are
sufficiently defined so as to make options overlying such ETFs not
susceptible instruments for manipulation. The Exchange believes that
the threat of manipulation is, as discussed below, sufficiently
mitigated for underlying ETFs that have been listed on equities
exchanges pursuant to generic listing standards for series of ETFs
based on international or global indexes under which a comprehensive
surveillance agreement is not required and for the overlying options;
the Exchange does not see the need for a CSSA to be in place before
listing and trading options on such ETFs. The Exchange notes that its
proposal does not replace the need for a CSSA as provided in current
NOM Chapter IV, Section 3(i). The provisions of Section 3(i), including
the need for a CSSA, remain materially unchanged and will continue to
apply to options on ETFs that are not listed on an equities exchange
pursuant to generic listing standards for series of ETFs based on
international or global indexes pursuant to which a CSSA is not
required. Instead, proposed NOM Chapter IV, Section 3(i) adds an
additional listing mechanism for certain qualifying options on ETFs to
be listed on the Exchange.
    Finally, to account for proposed NOM Chapter IV, Section 3(i) and
make Section 3 easier to follow, the Exchange proposes technical
changes to the

formatting of this section of the rule. Thus, the Exchange proposes re-
numbering NOM Chapter IV, Section 3(i)i.-iii. to NOM Chapter IV,
Section 3(i)i.(1)-(3), respectively. And, for consistency, the Exchange
proposes re-numbering NOM Chapter IV, Section 3(i)iv.-vi. to NOM
Chapter IV, Section 3(i)ii.-iv., respectively. This is merely re-
numbering and there are no changes to the language of these parts of
Section 3(i).
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \32\ in general, and furthers the objectives of Section
6(b)(5) of the Act \33\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. In particular, the proposed rule change has the potential to
reduce the time frame for bringing options on ETFs to market, thereby
reducing the burdens on issuers and other market participants. The
Exchange also believes that enabling the listing and trading of options
on ETFs pursuant to this proposed new listing standard will benefit
investors by providing them with valuable risk management tools. The
Exchange notes that its proposal does not replace the need for a CSSA
as provided in NOM Chapter IV, Section 3(i). The provisions of current
Section 3(i), including the need for a CSSA, remain materially
unchanged and will continue to apply to options on ETFs that are not
listed on an equities exchange pursuant to generic listing standards
for series of ETFs based on international or global indexes under which
a comprehensive surveillance agreement is not required. Instead,
proposed NOM Chapter IV, Section 3(i) adds an additional listing
mechanism for certain qualifying options on ETFs to be listed on the
Exchange in a manner that is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
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    \32\ 15 U.S.C. 78f(b).
    \33\ 15 U.S.C. 78f(b)(5).
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    The proposal would promote just and equitable principles of trade.
When the surveillance agreement requirement was instituted as discussed
in 2001 on Phlx, the oldest options exchange in the Group, ETFs were,
comparatively speaking, in a developmental state.\34\ The first ETF
introduced in 1993 was a broad-based domestic equity fund tracking the
S&P 500 index. After the introduction of the first ETF in 1993, the
development of ETF products was very limited during the first decade of
their existence. Since the end of 2001, when there was a total of only
102 ETFs listed on U.S. markets, however, the ETF market has matured
tremendously and grown exponentially. With a total of 1,194 listed ETFs
at the end of 2012, the ETF market is now one of the most highly-
developed, sophisticated markets with many very well known, highly
traded and liquid products that provide traders and investors the
opportunity to access practically all industries and enterprises. While
investor demand for ETFs in all asset classes increased substantially,
in 2011 the demand for global and international equity ETFs, to which
the requirement applies, more than doubled.\35\ The Exchange believes
that the current surveillance requirement no longer serves a necessary
function in today's highly developed market, and, as discussed,
actually creates a dynamic that negatively impacts the number of
markets that can competitively trade ETF option products. This hurts
market participants. The Exchange therefore proposes to establish that
pursuant to proposed NOM Chapter IV, Section 3(i) options may be listed
on certain ETFs that are based on global and international funds and
meet generic listing standards.
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    \34\ See Securities Exchange Act Release No. 43921 (February 2,
2001), 66 FR 9739 (February 9, 2001)(SR-Phlx 2000-107)(ETF approval
order).
    \35\ http://www.icifactbook.org/fb_ch3.html.
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    The proposal would in general protect investors and the public
interest. The Exchange believes that modifying the surveillance
agreement requirement for ETFs would not hinder the Exchange from
performing surveillance duties designed to protect investors and the
public interest. There are various data consolidators, vendors, and
outlets that can be used to access data and information regarding ETFs
and the underlying securities (e.g., Bloomberg, Dow Jones, FTEN). In
addition, firms that list ETFs on an exchange receive vast amounts of
data relevant to their products that could be made available to listing
exchanges as needed. The Exchange has access to the activity of the
direct underlying instrument and the ETF, and through the Intermarket
Surveillance Group (``ISG'') the Exchange can obtain such information
related to the underlying security as needed.\36\ Moreover, other than
the surveillance agreement requirement there are, as discussed,
numerous requirements must be met to list options on ETFs on the
Exchange.
---------------------------------------------------------------------------

    \36\ See https://www.isgportal.org/home.html. Another global
organization similar to ISG is The International Organization of
Securities Commissions (``IOSCO'').
---------------------------------------------------------------------------

    The proposal would remove impediments to and perfect the mechanism
of a free and open market and a national market system. Multiple
listing of ETFs, options, and other securities and competition are some
of the central features of the current national market system. The
Exchange believes that the surveillance agreement requirement has led
to clearly anti-competitive results in a market that is based on
competition. As such, the Exchange believes that the surveillance
agreement requirement for options on certain ETFs is no longer
necessary and proposes new NOM Chapter IV, Section 3(i). The proposed
rule change will significantly benefit market participants. As
discussed at length, the proposed rule will negate the negative anti-
competitive effect of the current surveillance agreement requirement
that has resulted in de facto regulatory monopolies where only solitary
exchanges, or only a few exchanges, are able to list certain ETF
options products. The Exchange believes this is inconsistent with
Commission policies and the developing national market system, as well
as the competitive nature of the market, and therefore proposes
amendment.\37\ The Exchange believes that the proposal would encourage
a more open market and national market system based on competition and
multiple listing. The generic listing standards for ETFs based on
global or international indexes have specific requirements regarding
relative weighting, minimum capitalization, minimum trading volume, and
minimum number of components that have been approved by the Commission
years ago for foreign ETFs.\38\ Moreover, such listing standards have
been in continuous use for listing options on

narrow-based and broad-based indexes on the Exchange.\39\ Allowing the
listing of options on underlying ETFs based on global and international
indexes that meet generic listing standards would encourage a free and
open market and national market system to the benefit of market
participants.
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    \37\ As discussed, the Exchange is decidedly not proposing that
the surveillance agreement requirement be deleted entirely, but
rather that only those options on ETFs that do not meet very
specific generic listing standards need to have surveillance
agreements in order to list on the Exchange.
    \38\ See Securities Exchange Act Release No. 54739 (November 9,
2006), 71 FR 66993 (November 17, 2006)(SR-Amex-2006-78)(initial
order relating to generic listing standards for ETFs based on
international or global indexes). See also NASDAQ Rule
5705(a)(3)(A)(ii) and (b)(3)(A)(ii).
    \39\ See Chapter XIV, Sections 6 and 3.
---------------------------------------------------------------------------

    For the above reasons, the Exchange believes the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, the
Exchange believes that the proposal is, as discussed, decidedly pro-
competitive and is a competitive response to the inability to list
products because of the surveillance agreement requirement. The
Exchange believes that the proposed rule change will result in
additional investment options and opportunities to achieve the
investment objectives of market participants seeking efficient trading
and hedging vehicles, to the benefit of investors, market participants,
and the marketplace in general. Competition is one of the principal
features of the national market system. The Exchange believes that this
proposal will expand competitive opportunities to list and trade
products on the Exchange as noted.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \40\ and Rule 19b-4(f)(6) thereunder.\41\
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(3)(A).
    \41\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \42\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \43\ 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 asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that waiver of the operative delay will allow the Exchange to
list and trade certain ETF options on the same basis as other options
markets.\44\ The Commission believes the waiver of the operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\45\
---------------------------------------------------------------------------

    \42\ 17 CFR 240.19b-4(f)(6).
    \43\ 17 CFR 240.19b-4(f)(6)(iii).
    \44\ See supra note 7.
    \45\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-097 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-097. 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-NASDAQ-2015-097, and should
be submitted on or before September 15, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\46\
---------------------------------------------------------------------------

    \46\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-20931 Filed 8-24-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Page 28968]
[FR Doc No: 2011-12294]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR11-9-000]

Imperial Oil and ExxonMobil Oil Corporation, v. Enbridge
Pipelines (Southern Lights) LLC; Notice of Complaint

    Take notice that on May 11, 2011, pursuant to Rule 206 of the Rules
of Practice and Procedure of the Federal Energy Regulatory Commission
(FERC or Commission), 18 CFR 385.206 (2011), section 343.2 of the
Procedural Rules Applicable to Oil Pipeline Proceedings, 18 CFR 343.2,
and sections of the Interstate Commerce Act, 49 U.S.C. App. 1(4), 1(5),
3, 8, 9, 13, 15, and 16 (1988), Imperial Oil and ExxonMobil Oil
Corporation (Complainants) filed a formal complaint against Enbridge
Pipelines (Southern Lights) LLC (Respondent). Complainants are
challenging certain rates, terms and conditions of service, and
practices of Respondent as unjust and unreasonable, unduly
discriminatory and preferential, and anticompetitive. Complainants
request that the Commission set this complaint for hearing and
consolidate this Complaint with the ongoing rate proceeding in Docket
Nos. IS10-399, et al.
    The Complainant states that a copy of the complaint has been served
on the Respondent.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on May 31, 2011.

    Dated: May 12, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-12294 Filed 5-18-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60390-60393]
[FR Doc No: 2019-24423]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR20-4-000.
    Applicants: Acacia Natural Gas, L.L.C.
    Description: Tariff filing per 284.123(b),(e)+(g): Amended
Statement of Operating Conditions to be effective 10/30/2019.
    Filed Date: 10/30/19.
    Accession Number:<PHONE_NUMBER>27.
    Comments Due: 5 p.m. ET 11/20/19.
    284.123(g) Protests Due: 5 p.m. ET 12/30/19.

    Docket Number: PR20-5-000.
    Applicants: Midcoast Pipelines (North Texas) L.P.
    Description: Tariff filing per 284.123(b)(2)+(g): Petition for Rate
Approval under Optional Notice Procedures to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number:<PHONE_NUMBER>47.
    Comments Due: 5 p.m. ET 11/22/19.
    284.123(g) Protests Due: 5 p.m. ET 12/31/19.

    Docket Numbers: RP20-133-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Compliance filing Atlantic Bridge--Permanent Release
NRA Filing to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5000.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-134-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--11-1-2019
Consolidated Edison 910950 Releases to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5035.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-135-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Keyspan
510369 releases eff 11-1-19 to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5038.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-136-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2019-10-31 EQT to be
effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5045.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-137-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedules LSS & SS-2
Tracker eff 11/1/2019--National Fuel to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5051.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-138-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing--Freepoint Commodities LLC to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5062.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-139-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing--Shell Energy North to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5064.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-140-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Fuel L&U and EPC Update Filing
to be effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5065.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-141-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--ConEd 510371
releases eff 11-1-19 to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5067.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-142-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Fuel and L&U Reimbursement
Percentage Update to be effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5068.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-143-000.
    Applicants: ETC Tiger Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 10-31-19 to be
effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5071.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-144-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 10-31-19 to be
effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5072.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-145-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedules GSS & LSS
Tracker eff 11/1/2019--Dominion to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5079.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-146-000.

    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--BUG 799989
releases eff 11-1-19 to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5090.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-147-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--CBPX to
Direct Energy 800499 to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5096.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-148-000.
    Applicants: Sierrita Gas Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Fuel and L&U Filing to be
effective 12/31/9998.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5105.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-149-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (JERA
37702 to EDF 38315) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5106.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-150-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Gulfport releases eff 11-1-2019) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5107.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-151-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Kaiser
35448 to Tenaska 38326) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5115.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-152-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Negotiated Rate
Agreement Update (SoCal Nov Mar) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5122.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-153-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Sec.  4(d) Rate Filing: 2019 Non-Conforming Service
Agreements with Phillips & MDU to be effective 11/21/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5128.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-154-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--PSEG contract
511047 to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5132.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-155-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt
(Constellation 51655 to Exelon 51690) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5137.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-156-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Trans
Louisiana 51695 to Centerpoint 51707) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5140.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-157-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Aethon
50488, 37657 to Scona 51724, 51725) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5141.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-158-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update Filing (Conoco Nov 19) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5143.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-159-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Nov 2019 to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5169.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-160-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: PCB TETLP 2019 FILING to be
effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5172.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-161-000.
    Applicants: LA Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Filing of Negotiated Rate,
Conforming IW Agreement (Total) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5204.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-162-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Amendment to Nonconforming
Negotiated Rate Service Agreement to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5206.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-163-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Initial Rate Filing--Gateway
Expansion Project to be effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5207.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-164-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming--NESL_Sequent
to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5217.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-165-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--DTE Electric
to Tenaska 960613 to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5221.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-166-000.
    Applicants: Equitrans, L.P.
    Description: Compliance filing Operational Purchases and Sales
Report for 2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5223.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-167-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: AGT FRQ 2019 Filing to be
effective 12/1/2019.
    Filed Date: 10/31/19.

    Accession Number: 20191031-5224.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-168-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming--Leidy
Southeast_PSNC Superseding_2 to be effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5227.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-169-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--15 to
be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5251.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-170-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: TETLP ASA DEC 2019 FILING to
be effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5253.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-171-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
Filing (EOG) to be effective 12/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5257.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-172-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20191031 Negotiated Rate to be
effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5261.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-173-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--EAP Ohio
860161 Nov 1 Releases to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5264.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-174-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreements
Filing (Saavi_Sempra) to be effective 11/1/2019.
    Filed Date: 10/31/19.
    Accession Number: 20191031-5266.
    Comments Due: 5 p.m. ET 11/12/19.

    Docket Numbers: RP20-175-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 11-1-19 to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5001.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-176-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
November 1 2019 Encana 1011022 to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5051.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-177-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Pre-Arranged/Pre-Agreed (Stipulation and Agreement of
Settlement) Filing of Columbia Gulf Transmission, LLC under RP20-177.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5056.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-178-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Conexus Negotiated Rate
Agreement to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5060.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-179-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--ConEd 910950
release to Sunsea 8960796 to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5061.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-180-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: TCO UGI NC Agreements to be
effective 12/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5062.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-181-000.
    Applicants: Destin Pipeline Company, L.L.C.
    Description: Compliance filing Destin Pipeline Company Annual Fuel
Retention Adjustment.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5063.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-182-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Boston Gas
511109 Release to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5091.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-183-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (FPL
41618, 41619 amendments and to Spire 51627) to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5095.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-184-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (BP
51411 to BP 51709, 51738) to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5096.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-185-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Osaka
releases eff 11-1-2019) to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5097.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-186-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming & Negotiated
Rate Svc Amds--SWN to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5123.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-187-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: OTRA Winter 2019 to be
effective 12/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5138.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-188-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: 2019 Fuel Tracker Filing to be
effective 4/1/2020.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5142.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-189-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: 2019 Fuel Tracker Filing to be
effective 4/1/2020.
    Filed Date: 11/1/19.

    Accession Number: 20191101-5143.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-190-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: LAXP Interim Negotiated Rate
Agreement Filing to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5144.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-191-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: Sec.  4(d) Rate Filing: PNGTS Westbrook Agreements
Filing to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5146.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-192-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Amendments to Negotiated Rate
Filings-Macquarie Energy to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5148.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-193-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Capacity Release
Agreements--11/1/2019 to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5149.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-194-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Contract Adjustments for 11-1-
2019 to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5160.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-195-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Equinor Release to ConEd--NRAs
and NC Agreements to be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5174.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-196-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--Ameren
Missouri RP18-923 Settlement to be effective 1/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5226.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-197-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--CERC
RP18-923 Settlement to be effective 1/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5231.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-198-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2019-11-1 Encana to
be effective 11/1/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5257.
    Comments Due: 5 p.m. ET 11/13/19.

    Docket Numbers: RP20-199-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Volume No. 2--NJR Energy
Services Company SP 353478, 353479 and 353480 to be effective 11/1/
2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5284.
    Comments Due: 5 p.m. ET 11/13/19.

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

    Dated: November 4, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-24423 Filed 11-7-19; 8:45 am]
 BILLING CODE 6717-01-P


Name:           HERNANDEZ PETER
Title:
Organization:   AMERICAN IRON AND STEEL INSTITUTE
Date:           20000810
Address1:
Address2:
City:           WASHINGTON
State:          DC
Zip Code:       20035
Docket Number:  S777
Exhibit Number: 501-17
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Post-hearing comments about the public hearings that ended May 12, 2000 or July 7, 2000. Only those who filed a Notice of Intention to Appear at one of the sessions are permitted to submit post-hearing comments. These must be received by August 10, 2000.

Use this form to submit post-hearing comments about the informal public hearings that concluded May 12, 2000 or the July 7, 2000 session.  Only those persons who previously filed a Notice of Intention to Appear at one of the hearing suessions in Washington, DC, Chicago, IL, Portland, OR, or Atlanta, GA, are permitted to submit post-hearing comments.  These comments must be submitted by August 10, 2000.

NOTE: From May 12 through June 26, 2000, you will have the opportunity to submit additional information, data and documentary evidence.  From June 27 through August 10, 2000 you may submit only post-hearing briefs, arguments and summations. Materials referenced or discussed in your brief, argument or summation must have been submitted by the June 26, 2000 deadline.

You may not attach materials, such as studies, graphs tables, or journal articles, to your on-line submission. These materials must be submitted in duplicate by mail to the OSHA Docket Office, Docket S-777, Room N-2625, 200 Constitution Avenue, NW, Wasington, DC 20210.  If you intend to submit comments on-line, but also intend to provide additional materials, please clearly identify your on-line comments by name, date, and subject so that the mailed materials can be correctly attached to your on-line comments.

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