[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31060-31062]
[FR Doc No: 2012-12583]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67021; File No. SR-OCC-2012-07]

Self-Regulatory Organizations; the Options Clearing Corporation;
Notice of Filing and of Proposed Rule Change Relating to Adjustment
Panel Voting

May 18, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\

notice is hereby given that on May 7, 2012, the Options Clearing
Corporation (``OCC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared primarily by OCC. 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 Terms of Substance of
the Proposed Rule Change

    The proposed rule change would update the procedures applied to
adjustment panel voting and would eliminate the requirement that an
adjustment panel be convened to vote on certain specific types of
standard contract adjustments affecting equity options.

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

    In its filing with the Commission, OCC 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 self-regulatory organization has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.\3\
---------------------------------------------------------------------------

    \3\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

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

    The principal purposes of this rule change are to update the
procedures applied to adjustment panel voting and to eliminate the
requirement that an adjustment panel be convened to vote on certain
specific types of standard contract adjustments affecting equity
options. These changes are intended to improve overall operational
efficiency in responding to events for which a contract adjustment may
be made.
Background
    Certain panels may be convened under OCC's by-laws to (i) determine
contract adjustments to the terms of outstanding options when certain
events occur (e.g., stock distribution, stock dividend, merger,
consolidation or reorganization) and (ii) fix certain amounts or values
in respect of certain options in the event a required value is
unreported, inaccurate, unreliable, unavailable, or inappropriate. Such
panels are convened in accordance with Article VI, Section 11 of OCC's
by-laws and currently consist of two representatives of each options
exchange on which options affected by the event are traded and one
representative of OCC, who votes only in case of a tie. The decision to
adjust (and the nature of the adjustment to be made) or to fix an
amount or value is made by majority vote of the adjustment panel. Most
often, panels are convened to determine adjustments to the terms of
outstanding equity options in response to certain corporate events.
    The procedures for panel voting, as described in Article VI,
Section 11, have not been updated for over 25 years. In the past, a
smaller number of OCC options exchanges posed few problems in convening
panels to consider adjustments for equity options. Currently, however,
there are nine options exchanges and multiple listing of equity options
on several, if not all, exchanges is common. It is increasingly
difficult to convene two members from each exchange to consider
adjustments on a timely basis. This difficulty is magnified when it is
necessary to convene panel meetings to address late-breaking events
which often occur outside of normal business hours. Additionally,
although all equity option adjustments must currently be addressed by
an adjustment panel, certain corporate events and their corresponding
option adjustments are so regular and predictable that it no longer
appears necessary for an adjustment panel to be convened to address
them.
    The OCC Securities Committee has unanimously endorsed the proposed
changes and OCC's Board of Directors and stockholders have authorized
OCC to submit this filing. OCC is continuing to evaluate the rules
applicable to adjustment determinations and additional changes may be
proposed in the future.
Proposed By-Law Changes
    As discussed below, OCC is proposing several changes to the voting
procedures for the Securities Committee and adjustment panels. OCC
believes the proposed changes will provide significant operational
efficiencies, allowing OCC and the option exchanges to respond more
quickly to corporate events affecting listed options. The proposed
changes to the procedures governing adjustment panel voting would (1)
Change the requirement that each exchange be represented by two persons
to one person,\4\ (2) allow that adjustment panel actions be determined
by votes accomplished by such means as the Securities Committee may
designate for that purpose, (3) provide that certain kinds of corporate
events shall not require an adjustment panel vote, (4) define a quorum
for adjustment panels and provide for majority vote,\5\ and (5) allow
the Chairman of OCC to designate a non-officer as his representative on
adjustment panels.\6\
---------------------------------------------------------------------------

    \4\ Panels convened by OCC to fix a required amount or value (as
provided for in the by-laws) would continue to include two
representatives from each exchange on which the affected series is
open for trading. (Such panels also include an OCC representative,
who votes only in case of a tie.) OCC believes it appropriate to
retain this requirement as the need to fix such amount or value
generally would involve series that are less likely to be traded on
multiple exchanges. However, certain of the procedural changes being
made to Article VI, Section 11 will be applied to the by-laws that
permit panels to be convened to fix a required amount or value in
order to improve efficiency. These changes include eliminating the
requirement that at least one panel member from an exchange be a
member of the Securities Committee and allowing such panels to
transact its business by such means as determined by the Securities
Committee.
    \5\ The intent is to ensure that any adjustment decision is
determined by a majority of the exchanges (including a
representative of OCC if a voting member) that trade the affected
option. For example, if eight exchanges trade an option, five
exchanges would constitute a quorum for an adjustment panel.
However, a majority vote of these five exchanges would require only
three exchanges. In this case an adjustment decision would be
determined by a distinct minority of the exchanges trading the
option. Specifying an additional requirement that the action be
determined by a majority of the exchanges trading the option
provides for an additional level of assurance that a majority of
eligible voting members will determine an adjustment.
    \6\ Currently, the Chairman is allowed to designate an OCC
officer as his representative. OCC believes the Chairman should be
able to designate a non-officer as his representative.
---------------------------------------------------------------------------

    The specific corporate events which would no longer require a panel
vote to effect an adjustment to the terms of an option would be limited
to stock splits or stock distributions where additional shares of the
underlying security are issued, reverse splits, and cash mergers or
similar events where all shares are exchanged exclusively for cash.
Adjustments for stock splits, stock distributions, and reverse splits
are generally the most routine option adjustments executed by OCC.
Option adjustments for these events, when executed, are the result of
well understood formulae and consistent precedent. The Securities
Committee does not believe it is necessary to convene adjustment panels
for ``boiler plate'' adjustments of this kind. In like manner, mergers
and other events where the affected security is exchanged exclusively
for cash have always

occasioned option adjustments which have called for the delivery of
cash. The Securities Committee does not believe it necessary to convene
panel meetings to authorize these adjustments.
    While an adjustment panel vote would not be required in these
cases, an adjustment panel could be convened at any time at the request
of any exchange or OCC in order to address any aspect of the corporate
event or option contract adjustment deemed to need discussion by such
panel. Also, in all cases of option adjustments, OCC and the exchanges
would naturally coordinate the operational execution of the adjustments
(effective date, option symbol, strike prices, etc).
    The proposed changes also allow convened panels the ability to
conduct their business by any means determined by the Securities
Committee. Currently, the Securities Committee and panels are allowed
to conduct business in person or by phone. For the purposes of
exchanging information and registering votes, OCC and the Securities
Committee believe that electronic means of communication (e.g., email)
should also be allowed as well as other means of communication which
may be available in the future (e.g., OCC systems applications
developed for this purpose).
    OCC believes that the proposed changes to its By-Laws are
consistent with the purposes and requirements of Section 17A of the Act
\7\ and the rules and regulations thereunder applicable to OCC because
they provide for more efficient and effective procedures to be used by
the Securities Committee and its panels for the purpose of conducting
business by eliminating impediments that elongate voting processes
which may cause delays in determining contract adjustments or in fixing
a required amount or value. These changes further the purposes of the
Act by facilitating the prompt and accurate clearance and settlement of
transactions in cleared contracts. The proposed rule change is not
inconsistent with any rules of OCC, including any rules proposed to be
amended.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited or received. OCC will notify the Commission of any written
comments received by OCC.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http//
www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2012-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2012-07. 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 Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of such filing will also be
available for inspection and copying at the principal office of OCC and
on OCC's Web site at http://www.theocc.com/components/docs/legal/rules_and_bylaws/sr_occ_12_07.pdf. 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-OCC-2012-07 in the caption above and
should be submitted on or before June 14, 2012.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-12583 Filed 5-23-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20629-20630]
[FR Doc No: 2016-08070]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-527-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Availability of the Environmental Assessment for the Proposed New York
Bay Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared this environmental assessment for the New York
Bay Expansion Project (Project) proposed by Transcontinental Gas Pipe
Line Company, LLC (Transco) in the above-referenced docket. Transco
requests authorization to construct, replace, and operate natural gas
pipeline facilities located in Chester County, Pennsylvania, Richmond
County, New York, and Middlesex and Essex Counties, New Jersey. This
Project would enable Transco to modify existing facilities and replace
existing pipeline to transport an additional 115 million cubic feet of
natural gas per day.
    The Project would involve the following activities at existing
aboveground facilities in the specified towns and municipalities:
     Uprate Compressor Station 200 from 30,860 horsepower (hp)
to 33,000 hp (East Whiteland Township, Chester County, Pennsylvania)
and uprate a unit of Compressor Station 303 from 25,000 hp to 27,500 hp
(Roseland Borough, Essex County, New Jersey);
     Add 11,000 hp of electric-driven compression to Compressor
Station 207 (Old Bridge Township, Middlesex County, New Jersey);
     Install various appurtenances and modifications at three
meter and regulation (M&R) stations in East Brandywine Township
(Chester County,

Pennsylvania), Sayreville Borough (Middlesex County, New Jersey) and
Staten Island Borough (Richmond County, New York), including setting up
a temporary M&R station during construction in Staten Island Borough.
    In addition, Transco proposes to replace three segments of its 42-
inch-diameter Lower New York Bay Lateral pipeline, totaling 0.25 mile,
and uprate the lateral pipeline's operating pressure from 960 to 1000
pounds per square inch in Middlesex County, New Jersey.
    The environmental assessment assesses the potential environmental
effects of the construction and operation of the Project in accordance
with the National Environmental Policy Act. The FERC staff concludes
that approval of the proposed Project, with appropriate mitigating
measures, would not constitute a major federal action significantly
affecting the quality of the human environment.
    The environmental assessment has been placed in the public files of
the FERC and is available for public viewing on the FERC's Web site at
www.ferc.gov using the eLibrary link. A limited number of copies of the
EA are available for distribution and public inspection at: Federal
Energy Regulatory Commission, Public Conference Room, 888 First Street
NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Copies of the environmental assessment have been mailed to federal,
state, and local government representatives and agencies; elected
officials; environmental and public interest groups; Native American
tribes; potentially affected landowners and other interested
individuals and groups; libraries in the Project area; and parties to
this proceeding.
    Any person wishing to comment on the environmental assessment may
do so. Your comments should focus on the potential environmental
effects, reasonable alternatives, and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that your comments are properly recorded and
considered prior to a Commission decision on the proposal, it is
important that the FERC receives your comments in Washington, DC on or
before May 4, 2016.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
Project docket number (CP15-527-000) with your submission. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. An eComment is an easy method
for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making. A comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room 1A, Washington, DC 20426.
    Although your comments will be considered by the Commission, simply
filing comments will not serve to make the commentor a party to the
proceeding. Any person seeking to become a party to the proceeding must
file a motion to intervene pursuant to Rule 214 of the Commission's
Rules of Practice and Procedures (18 CFR 385.214).\1\ Only intervenors
have the right to seek rehearing of the Commission's decision. Affected
landowners and parties with environmental concerns may be granted
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP15-
527). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/docs-filing/esubscription.asp.

    Dated: April 4, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-08070 Filed 4-7-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Notices]
[Page 69169-69172]
[DOCID:fr30de09-130]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61233; File No. SR-NYSE-2009-111]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving the Proposed Rule Change, as Modified by Amendment No. 1,
Amending NYSE Rule 123C To Modify the Procedures for Its Closing
Process and Making Conforming Changes to NYSE Rules 13 and 15

December 23, 2009.

I. Introduction

    On November 9, 2009, the New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to modify the procedures for its closing process
in Rule 123C and make conforming changes to NYSE Rules 13
(``Definitions of Orders'') and Rule 15 (``Pre-Opening Indications'').
The proposed rule change was published for comment in the Federal
Register on November 17, 2009.\3\ On November 25, 2009, the Exchange
filed Amendment No. 1 to the proposed rule change.\4\ The Commission
received one comment letter on the proposal.\5\ This order approves the
proposed rule change as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 60974 (November 9,
2009), 74 FR 59299 (``Notice'').
    \4\ In Amendment No. 1, the Exchange proposes to correct an
erroneous cross-reference in Exhibit 5. Because Amendment No. 1 is
technical in nature, the Commission is not publishing it for
comment.
    \5\ See Letter from John F. Neary, Managing Director, Morgan
Stanley, to Elizabeth M. Murphy, Secretary, Commission, dated
December 8, 2009 (``Morgan Stanley Letter'').
    While the Morgan Stanley Letter welcomed the incremental
progress under the proposal with regard to transperancy, the
commenter urged NYSE to adopt additional changes to the closing
process, including mandating a final and absolute cutoff time for
participation in the closing process and instituting a more
transparent and accurate calculation of the real time closing
imbalance feed.
    On December 18, 2009, NYSE responded to the Morgan Stanley
letter. See Letter from Janet M. Kissane, Senior Vice President--
Legal & Corporate Secretary, NYSE Euronext, to Elizabeth M. Murphy,
Secretary, Commission (``Response Letter''). In the Response Letter,
NYSE noted that it took into consideration input provided by its
diverse constituent base, including Morgan Stanley, in crafting the
changes to the closing process, as well as accommodating the
interests of diverse constituencies whose business models vary
widely, and ensuring that changes are implemented in a way that
minimizes the possibility of unintended consequences. NYSE stated
that, given available development resources and the complexity of
modern markets, it was hesitant to introduce a level of incremental
change that could have broad-ranging and unforeseen consequences.
NYSE noted further that, as it implements the changes to the closing
process, it will continue to work with its varied constituency,
including Morgan Stanley, to assess the operation of the closing
process, with an eye toward any potential changes in the behavior of
market participants and to identify further ways to enhance the
efficiency and transparency of the Close.
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange seeks to amend NYSE Rule 123C to modify its closing
process.\6\ Specifically, the Exchange proposes to amend NYSE Rule 123C
to: (i) Extend the time for the entry of Market ``At-The-Close''
(``MOC'') and Limit ``At-The-Close'' (``LOC'') orders from 3:40 p.m. to
3:45 p.m.; (ii) amend the procedures for the entry of MOC/LOC orders in
response to imbalance publications and regulatory trading halts; (iii)
change to the cancellation time for MOC/LOC orders to 3:58 p.m.; (iv)
require only one mandatory imbalance publication; (v) rescind the
provisions governing Expiration Friday Auxiliary Procedures for the
Opening and Due Diligence Requirements; (vi) modify the dissemination
of Order Imbalance Information pursuant to NYSE Rule 123C(6) to
commence at 3:45

p.m.; (vii) include additional information in both the pre-opening and
pre-closing Order Imbalance Information data feeds; (viii) amend NYSE
Rule 13 to create a conditional-instruction limit order type called the
Closing Offset Order (``CO order''); (ix) delete the ``At the Close''
order type from NYSE Rule 13 and replace it with the specific
definitions of MOC and LOC orders; and (x) codify the hierarchy of
allocation of interest in the closing transaction in NYSE Rule 123(C).
Similar changes are proposed to the rules of its affiliate, NYSE Amex
LLC.\7\
---------------------------------------------------------------------------

    \6\ Conforming changes related to the information disseminated
prior to the opening transaction are also proposed.
    \7\ See SR-NYSEAmex-2009-81.
---------------------------------------------------------------------------

    The Exchange stated in its filing that it seeks to build on changes
it made earlier this year to simplify its closing procedures in order
to provide customers with a more efficient closing process.\8\ The
closing transaction on the Exchange continues to be a manual auction,
which the Exchange believes facilitates greater price discovery and
allows for the maximum interaction between market participants. While
the Exchange currently provides DMM units with electronic tools to
facilitate an efficient closing process, the Exchange believes that the
proposed changes would maximize the use of those tools and allow for an
even more efficient closing process.
---------------------------------------------------------------------------

    \8\ See Notice, supra note 3, at pp. 59299-304 for a detailed
description of the current closing process.
---------------------------------------------------------------------------

Order Entry, Cancellation, Mandatory MOC/LOC Imbalance and
Informational Imbalance Publications

    The Exchange proposes to amend NYSE Rule 123C to require electronic
entry of all MOC and LOC orders, including those entered to offset
imbalances.\9\ The Exchange stated that electronic entry of MOC and LOC
interest would obviate the need to have imbalance publications at both
3:40 p.m. and 3:50 p.m. because the DMM would not have to manually keep
track of the MOC/LOC interest; rather, Exchange systems would track the
electronically entered MOC/LOC interest, which the Exchange believes
would allow its systems to disseminate imbalance information to all
market participants in a more accurate and timely fashion. In addition,
according to the Exchange, its customers have expressed that in the
current trading environment two imbalance publications ten minutes
apart are not useful. Accordingly, the Exchange proposes to modify the
order information available prior to the closing transaction and amend
NYSE Rule 123C to provide for a single imbalance publication as soon as
practicable after 3:45 p.m., to be referred to as the ``Mandatory MOC/
LOC Imbalance Publication'' (herein ``Mandatory MOC/LOC Imbalance''),
when there is an imbalance: (i) Of 50,000 shares or more; or (ii) of
less than 50,000 shares that is deemed to be ``significant'' (i.e.,
significant in relation to the average daily volume of the
security).\10\ The last sale price at 3:45 p.m. would serve as the
basis for the Mandatory MOC/LOC Imbalance.
---------------------------------------------------------------------------

    \9\ In the event a Floor broker's handheld device malfunctions,
the DMM should assist the Floor broker by entering or cancelling
MOC/LOC orders on the Floor broker's behalf. DMMs perform this
administrative function on a best efforts basis. See NYSE
Information Memos 09-26 (June 18, 2009); NYSE Member Education
Bulletin 05-24 (December 9, 2005).
    \10\ See proposed NYSE Rule 123C(1)(d) and (4).
---------------------------------------------------------------------------

    The proposal retains the current ability to publish an
Informational Imbalance of any size. The Exchange seeks to extend the
time for the publication of such imbalance from 3:40 p.m. until 3:45
p.m. in order to provide a mechanism for an imbalance publication prior
to any Mandatory MOC/LOC Imbalance if the DMM, in consultation with a
Floor Official or qualified NYSE Euronext employee as defined in
Supplementary Material .10 of NYSE Rule 46, deems that such imbalance
publication is warranted for the security. In extending the time to
3:45 p.m., the proposed rule would provide that a Mandatory MOC/LOC
Imbalance or ``no imbalance'' notice must occur as soon as possible
after 3:45 p.m.\11\
---------------------------------------------------------------------------

    \11\ See proposed NYSE Rule 123C(1)(b) and (4).
---------------------------------------------------------------------------

    The proposed new rule would further explicitly state that the entry
of MOC/LOC orders in response to a Mandatory MOC/LOC Imbalance after
3:45 p.m. may be entered only to offset the published imbalance.\12\ In
the case of a ``no imbalance'' notification, no offsetting MOC/LOC
interest could be entered at all after 3:45 p.m.\13\
---------------------------------------------------------------------------

    \12\ See proposed NYSE Rule 123C(2)(b)(i).
    \13\ See proposed NYSE Rule 123C(2)(b)(ii).
---------------------------------------------------------------------------

    The Exchange's proposal also allows customers to cancel or reduce
MOC/LOC orders only in cases of legitimate errors \14\ between 3:45
p.m. and 3:58 p.m.\15\ After 3:58 p.m., cancellations or reductions in
the size of MOC/LOC orders, even in the event of legitimate error,
would not be permitted.\16\
---------------------------------------------------------------------------

    \14\ Pursuant to proposed NYSE Rule 123C(1)(c), a legitimate
error is defined to be an error in any term of an MOC or LOC order,
such as price, number of shares, side of the transaction (buy or
sell) or identification of the security.
    \15\ See proposed NYSE Rule 123C(3) (Cancellation of MOC and LOC
orders). The Exchange anticipates that DMMs will have sufficient
time to perform the requisite calculations for the closing
transaction while affording customers the ability to cancel or
reduce in size an MOC/LOC order until 3:58 p.m.
    \16\ The Exchange could temporarily suspend the prohibitions on
canceling or reducing an MOC or LOC order if there is an extreme
order imbalance at or near the close. See proposed NYSE Rule
123C(9).
---------------------------------------------------------------------------

    The Exchange further proposes to create a CO order type, which
would provide all market participants an additional method to offset an
order imbalance at the close. The CO order would not be guaranteed to
participate in the closing transaction. CO orders would only be
eligible to participate in the closing transaction when there is an
imbalance of orders to be executed on the opposite side of the market
from the CO order and there is no other interest remaining to trade at
the closing price. CO orders must yield to all other eligible interest.
    Unlike MOC/LOC orders, CO orders could be entered on any side of
the market at anytime prior to the close.\17\ CO orders would not be
included in the calculation of the Mandatory MOC/LOC Imbalance and
Informational Imbalance. Consistent with the cancellation requirements
for MOC and LOC orders, a CO order could be cancelled or reduced for
any reason up to 3:45 p.m. Between 3:45 p.m. and 3:58 p.m., a CO order
could be canceled or reduced only in the case of a legitimate error.
After 3:58 p.m., a CO order, like MOC/LOC orders, could not be
cancelled or reduced for any reason.
---------------------------------------------------------------------------

    \17\ See proposed NYSE Rule 123C(2)(b)(iv).
---------------------------------------------------------------------------

    CO orders would be eligible to participate in the closing
transaction only to offset an imbalance and could not add to or flip
the imbalance. If there is an imbalance at the close and the price of
the closing transaction is at or within the limit of the CO order, the
CO order would be eligible to participate in the closing transaction,
subject to strict time priority of receipt in Exchange systems among
such eligible CO orders and after yielding to all other interest in the
closing execution, including MOCs, marketable LOCs, ``G'' orders, DMM
interest, and at-priced LOCs. CO orders deemed eligible to participate
in the close would be executed at the price of the closing transaction.
If the number of shares represented by CO orders is larger than the
number of shares required to offset the imbalance, Exchange systems
would execute only those shares of CO orders required to complete the
execution of the imbalance in full based on the time priority of
receipt in Exchange systems of the CO orders. CO orders therefore would
not be allowed to swing an imbalance to the opposite side of the
market.

Modifications to Order Imbalance Information Data Feed Prior to the
Closing and Opening Transaction

    The Exchange further proposes to modify the Order Imbalance data
feed disseminated prior to the closing transaction. Pursuant to
proposed NYSE Rule 123C(6)(a)(iii), the Order Imbalance data feed would
be disseminated approximately every five seconds between 3:45 pm and
4:00 pm. Moreover, the Exchange proposes to expand the order
information included in the Order Imbalance Information data feed.
Currently, the pre-closing Order Imbalance Information data feed
includes the: (i) Reference price; (ii) MOC/LOC imbalance and the side
of the market; (iii) d-Quotes and all other e-Quotes containing pegging
instructions eligible to participate in the closing transaction; and
(iv) MOC/LOC paired quantity at reference price. The proposed new data
feed would also additionally include (i) CO orders on the opposite side
of the imbalance and (ii) at-priced LOC interest eligible to offset the
imbalance.
    The proposed Order Imbalance Information data feed prior to the
closing transaction would also make available two new data fields. The
proposed new data fields would provide subscribers with a snap shot of
the prices at which interest eligible to participate in the closing
transaction would be executed in full against contra interest at the
time data feed is disseminated. It would also provide subscribers with
the price at which closing-only interest (i.e., MOC orders, marketable
LOC orders, and CO orders on the opposite side of the imbalance) may be
executed in full and the price at which orders in the Display Book
(e.g., Minimum Display Reserve Orders, Floor broker reserve e-Quotes
not designated to be excluded from the aggregated agency interest
information available to the DMM, d-Quotes pegged e-Quotes,\18\ and
Stop orders) would be executed in full. Only those CO orders on the
opposite side of the imbalance would be included in the calculation of
the new data fields. If the price at which all closing orders in the
Display Book would be executed in full is at or between the quote, then
both data fields indicating imbalance information would publish the
price at which the closing-only interest (i.e., MOC orders, marketable
LOC orders, and CO orders) could be executed in full.
---------------------------------------------------------------------------

    \18\ d-Quotes and pegged e-Quotes included in this new data
field of the Order Imbalance Information data feed would be included
at the price indicated on the order as the base price to be used to
calculate the range of discretion and not at prices within their
discretionary pricing instructions.
---------------------------------------------------------------------------

    Similarly the Exchange proposes to conform the pre-opening Order
Imbalance Information data feed to provide its market participants with
more information prior to the opening transaction. As such, the pre-
opening Order Imbalance Information data feed would include the price
at which all the interest eligible to participate in the opening
transaction may be executed in full.\19\ The Exchange does not propose
to modify the time periods pursuant to NYSE Rule 15 when the pre-
opening Order Imbalance data feed is disseminated. Moreover, the
calculation of the reference price would also remain the same.
---------------------------------------------------------------------------

    \19\ See Proposed NYSE Rule 15.
---------------------------------------------------------------------------

Execution of the Closing Transaction

    The Exchange proposes to maintain its current execution logic and
to codify the hierarchy of allocation logic applied to interest
participating in the closing transaction. Proposed NYSE Rule 123C(7)
would list all the interest that must be executed or cancelled as part
of the closing transaction and the hierarchy of the interest that may
be used to offset the closing imbalance. This codification would now
also incorporate the new proposed CO order type into the closing
transaction as the last interest eligible to participate in the closing
transaction to offset an imbalance.

Trading Halts

    The Exchange further proposes to amend NYSE Rule 123C to define
``trading halt'' as a halt in trading in any security pursuant to the
provisions of NYSE Rule 123D (``Trading Halt'').\20\ Under the
proposal, when a Trading Halt is in effect at 3:45 p.m., a Mandatory
MOC/LOC Imbalance would be published as close to the resumption of
trading as possible if the Trading Halt is lifted prior to the close of
trading. In this event, MOC/LOC orders could be entered to offset the
published imbalance. If the Trading Halt is not lifted, the entry of
MOC/LOC interest, including offsetting interest, would be prohibited.
---------------------------------------------------------------------------

    \20\ See proposed NYSE Rule 123C(1)(f).
---------------------------------------------------------------------------

    Where a Trading Halt occurs in a security after a Mandatory MOC/LOC
Imbalance is published, MOC/LOC orders could be entered to offset the
published imbalance.\21\ Where a Trading Halt occurs after 3:45 p.m.
and there is no Mandatory MOC/LOC Imbalance in the security, the entry
of MOC/LOC interest would not be allowed.\22\
---------------------------------------------------------------------------

    \21\ See proposed NYSE Rule 123C(2)(c)(i).
    \22\ See proposed NYSE Rule 123C(2)(c)(iii).
---------------------------------------------------------------------------

    Unlike MOC/LOC orders, the entry of CO orders on both sides of the
market would be permitted when a Trading Halt occurs in a security, but
is lifted prior to the close of trading in the security. Because CO
orders are the interest of last resort in the closing transaction,
entry of such orders is not restricted to offsetting the Mandatory MOC/
LOC Imbalance.

Rescission of Expiration Friday Auxiliary Procedures for the Opening
and Due Diligence Requirements

    The Exchange proposes to rescind the provisions governing
``Expiration Friday Auxiliary Procedures for the Opening.'' According
to the Exchange, the provisions governing Expiration Friday were
created to facilitate a fair and orderly opening transaction in light
of the additional order flow on Expiration Fridays. Because Exchange
systems now allow the DMM to accommodate for such fluctuations in
volume, the Exchange believes that these provisions are unnecessary.
The order marking provisions were an accommodation to member
organizations whose systems were unable to electronically affix the
designation, and the Exchange states that all of its member
organizations are capable of affixing appropriate order designations.
    The Exchange further seeks to make the provisions of NYSE Rule 123C
govern solely Market and Limit ``on the Close'' Policy. Therefore, the
Exchange proposes to delete the ``Due Diligence Requirements'' from
this rule as they are redundant with the provisions codified in NYSE
Rule 405.

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\23\ In particular, it is consistent with Section 6(b)(5) of
the Act,\24\ which requires, among other things, that the rules of a
national securities exchange be 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, and

not be designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The Commission also finds that the
proposed rule change as amended is consistent with the provisions of
Section 6(b)(8) of the Act,\25\ which requires that the rules of an
exchange not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \23\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \24\ 15 U.S.C. 78f(b)(5).
    \25\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The electronic entry of MOC/LOC interest should increase the
efficiency of NYSE's market and permit accurate information to be
disseminated to market participants more quickly. The modification of
the procedures for the entry of MOC/LOC orders in response to imbalance
publications and regulatory trading halts should likewise improve
transparency and efficiency.
    In connection with the change from two imbalance publications to
one, the Commission notes the Exchange's representation that its
customers have expressed that two imbalance publications ten minutes
apart in the current electronic environment are unnecessary. Moving the
cut-off time for the entry of MOC/LOC orders from 3:40 p.m. to 3:45
p.m. should allow Exchange participants additional control of the
handling of their orders to be executed in the closing transaction and
additional participation in active markets.
    In connection with the postponing of the cancellation time for MOC
and LOC orders to 3:58 p.m, the Commission notes the Exchange's
representations that, with the proposed requirement that all MOC/LOC
orders be entered electronically, Exchange systems will keep track of
the available interest thus making it more readily available for the
DMM and that systemic tracking of MOC/LOC interest makes it entirely
feasible for the DMM to review in two minutes the interest eligible to
participate in the closing transaction and facilitate the execution of
the closing transaction.
    The creation of the CO order provides an additional source of
liquidity to offset an imbalance going into the closing transaction,
and thus should increase the greater efficiency of the closing process.
    The Commission believes that these proposed modifications are
consistent with the Act because, taken as a whole, they should enhance
the efficiency and transparency of the closing transaction and provide
customers with a more accurate depiction of market conditions prior to
the closing transaction, and therefore allow them to make better-
informed trading decisions.
    The Commission believes that the remainder of the proposed changes,
including the codification of the hierarchy of the allocation of
interest in the closing, the clarification of the definition of MOC and
LOC orders, the inclusion of additional information in the Order
Imbalance Information data feeds, and the rescission of the provisions
governing Expiration Friday Auxiliary Procedures for the Opening and
Due Diligence Requirements are either non-substantive or non-
controversial in nature, while enhancing the transparency of NYSE's
market at the close, and therefore are consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change, as amended (SR-NYSE-2009-111),
be, and it hereby is, approved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30927 Filed 12-29-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Pages 60374-60375]
[FR Doc No: 2015-25381]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2601-040]

Duke Energy Carolinas, LLC;

    Notice of Application Accepted for Filing and Soliciting Comments,
Motions To Intervene, and Protests
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Request to amend the project boundary.
    b. Project No: 2601-040.
    c. Date Filed: September 23, 2015.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Bryson Hydroelectric Project.
    f. Location: Oconaluftee River in Swain County, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jeff Lineberger, Director of Water Strategy &
Hydro Licensing, Duke Energy, 526 South Church Street, Charlotte, North
Carolina 28202-1006; Telephone:<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>    i. FERC Contact: Mark Carter at<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: October 30, 2015.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2601-040.
    k. Description of Request: Duke Energy Carolinas, LLC proposes to
amend the project boundary in order to resolve a property ownership
issue with the Eastern Band of Cherokee Indians who owns lands adjacent
to the project. The proposed project boundary would include 0.41 acre
of new lands and exclude 5.66 acres of existing project lands for a net
decrease of 5.25 acres of project lands, and would result in a decrease
in the amount of shoreline in the project boundary from 2.11 miles to
2.10 miles. The application states that the proposed project boundary
would only include property that is necessary for the safe and
effective operation of the project, and states that the removal of
project lands would not affect operations, public infrastructure,
recreational use, or environmental resources.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2601) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above. Agencies may obtain copies of the
application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: September 30, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-25381 Filed 10-5-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Notices]
[Page 73268]
[FR Doc No: 2015-29923]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Pilot
Schools--FAR 141

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. 49 U.S.C. 44707 empowers the Administrator of the Federal
Aviation Administration (FAA) to provide for the examination and rating
of civilian schools giving instruction in flying. This CFR prescribes
the requirements for issuing pilot school certificates, provisional
pilot school certificates and associated ratings to qualified
applicants.

DATES: Written comments should be submitted by January 25, 2016.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 441, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0009.
    Title: Pilot Schools--FAR 141.
    Form Numbers: FAA Form 8420-8.
    Type of Review: Renewal of an information collection.
    Background: The information on FAA Form 8420-8, Application for
Pilot School Certificates, is required from applicants who wish to be
issued pilot school certificates and associated ratings. Pilot schools
train private, commercial, flight instructor, and airline transport
pilots, along with training for associated ratings in various types of
aircraft. The form is also necessary to assure continuing compliance
with part 141, renewal of certificates every 24 months, and for any
amendments to pilot school certificates, FAA approval of pilot school
certificate amendments enables schools to provide new training courses
not previously approved.
    Respondents: Approximately 546 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 27 hours.
    Estimated Total Annual Burden: 29,770 hours.

    Issued in Washington, DC, on November 18, 2015.
Ronda Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2015-29923 Filed 11-23-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Notices]
[Pages 853-854]
[FR Doc No: 2014-00031]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0013]

Federal Advisory Council on Occupational Safety and Health
(FACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Reopening of the record, and extension of time to submit
nominations for membership on the Federal Advisory Council on
Occupational Safety and Health (FACOSH).

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

SUMMARY: OSHA is reopening the record extending the time for interested
persons to submit nominations for FACOSH membership until March 10,
2014.

DATES: Nominations for FACOSH must be submitted (postmarked, sent,
transmitted, or received) by March 10, 2014.

ADDRESSES: You may submit nominations and supporting materials,
identified by Docket No. OSHA-2013-0013, by one of the following
methods:
    Electronically: You may submit nominations, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting nominations;
    Facsimile: If your nomination, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648;
    Mail, express delivery, hand delivery, and messenger or courier
service: You may submit nominations and all supporting materials to the
OSHA Docket Office, Docket No. OSHA-2013-0013, Room N-2625, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210;
telephone<PHONE_NUMBER>, (OSHA's TTY number<PHONE_NUMBER>).
Deliveries (hand, express mail, and messenger/courier service) are
accepted during the Department of Labor's and OSHA Docket Office's
normal business hours, 8:15 a.m.-4:45 p.m., e.t.
    Instructions: Your nominations and supporting materials must
include the agency name and docket number for this Federal Register
notice (Docket No. OSHA-2013-0013). Because of security-related
procedures, submitting nominations by regular mail may result in a
significant delay in their receipt. Please contact the OSHA Docket
Office for information about security procedures for submitting
nominations by hand delivery, express delivery, and messenger or
courier service.
    Submissions in response to this Federal Register notice, including
personal information provided, will be placed in the public docket
without change and may be posted online at http://www.regulations.gov.
Therefore, OSHA cautions interested parties about submitting personal
information, such as Social Security numbers and birth dates.
    Electronic copies of this Federal Register notice as well as OSHA's
September 6, 2013 notice (78 FR 54923) requesting nominations for
FACOSH membership are available at http://www.regulations.gov. Both
notices, as well as news releases and other relevant information, are
also available on OSHA's Web page at http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Francis
Meilinger, OSHA, Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-1999; email<EMAIL_ADDRESS>    For general information: Mr. Francis Yebesi, OSHA, Office of
Federal Agency Programs, Directorate of Enforcement Programs, Room N-
3622, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OSHA is providing additional time for interested persons to submit
nominations for FACOSH membership. Interested persons have until March
10, 2014 to submit nominations for five vacancies on FACOSH, three
labor and two management members.
    OSHA originally published a Federal Register notice requesting
submission of nominations for FACOSH membership by November 5, 2013 (78
FR 54923 (9/6/2013)). OSHA is providing additional time in order to
obtain an adequate number of candidates who meet FACOSH membership
requirements and qualifications.
    FACOSH is authorized to advise the Secretary of Labor on all
matters relating to the occupational safety and health of Federal
workers (Occupational Safety and Health Act of 1970 (29 U.S.C. 668), 5
U.S.C. 7902, Executive Orders 12196 and 13511). This includes providing
advice on how to reduce and keep to a minimum the number of injuries
and illnesses in the Federal workforce, and how to encourage the
establishment and maintenance of effective occupational safety and
health programs in each Federal Executive Branch Department and Agency.
    FACOSH membership. FACOSH is comprised of 16 members, who the
Secretary appoints to staggered terms not to exceed 3 years. The
categories of FACOSH membership and the number of new members to be
appointed to three-year terms include:
     Eight members who are Federal agency management
representatives--Two management representatives will be appointed.
     Eight members who are representatives of labor
organizations that represent Federal employees--Three labor
representatives will be appointed.
    FACOSH members serve at the pleasure of the Secretary and may be
appointed to successive terms. FACOSH meets at least two times a year.
    The Department of Labor is committed to equal opportunity in the
workplace and seeks broad-based and diverse FACOSH membership. Any
interested person may nominate one or more qualified persons for
membership on FACOSH. Interested persons also are invited and
encouraged to submit statements in support of nominees.
    Nomination requirements. Submission of nominations must include the
following information:
     The nominee's name, contact information and current
occupation or position;
     The nominee's resume or curriculum vitae, including prior
membership on FACOSH and other

relevant organizations, associations and committees;
     Category of membership (management, labor) the nominee is
qualified to represent;
     A summary of the nominee's background, experience and
qualifications that address the nominee's suitability to serve on
FACOSH;
     Articles or other documents the nominee has authored that
indicate the nominee's knowledge, experience and expertise in
occupational safety and health, particularly as it pertains to the
Federal workforce; and
     A statement that the nominee is aware of the nomination,
is willing to regularly attend and participate in FACOSH meetings, and
has no apparent conflicts of interest that would preclude membership on
FACOSH.
    Member selection. The Secretary appoints FACOSH members based upon
criteria that include the nominee's level of responsibility for
occupational safety and health matters involving the Federal workforce,
experience and competence in occupational safety and health, and
willingness and ability to regularly and fully participate in FACOSH
meetings. Federal agency management nominees who serve as Designated
Agency Safety and Health Officials (DASHOs), or at an equivalent level
of responsibility within their respective agencies, are preferred as
management members. Labor nominees who are responsible for Federal
employee occupational safety and health matters within their respective
labor organizations are preferred as labor members.
    The information received through the nomination process, along with
other relevant sources of information, will assist the Secretary in
making appointments to FACOSH. In selecting FACOSH members, the
Secretary may consider individuals nominated in response to this
Federal Register notice, as well as other qualified individuals. OSHA
will publish a list of the new FACOSH members in the Federal Register.

Public Participation

    Instructions for submitting nominations. Interested persons may
submit nominations and supplemental materials using one of the methods
listed in the ADDRESSES section. All nominations, attachments and other
materials must identify the Federal agency/labor organization name and
the docket number for this Federal Register notice (Docket No. OSHA-
2013-0013). You may supplement electronic nominations by uploading
document files electronically. If, instead, you wish to submit by hard
copy additional materials in reference to your electronic or FAX
submission, you must submit them to the OSHA Docket Office (see
ADDRESSES section). The additional material must clearly identify your
electronic or FAX submission by name and docket number (Docket No.
OSHA-2013-0013) so that the materials can be attached to your
submission.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of nominations. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA Docket Office (see ADDRESSES section).
    All submissions in response to this Federal Register notice are
placed in the public docket without change and may be posted online at
http://www.regulations.gov. Therefore, OSHA cautions interested parties
about submitting personal information, such as Social Security numbers
and birthdates. Guidance on submitting nominations and materials in
response to this Federal Register notice is available at http://www.regulations.gov and from the OSHA Docket Office.
    Access to docket and other materials. To read or download
nominations and additional materials submitted in response to this
Federal Register notice, please go to Docket No. OSHA-2013-0013 at
http://www.regulations.gov. All submissions are listed in the index of
that docket. However, some documents (e.g., copyrighted material) are
not publicly available to read or download through that Web page. All
submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Contact the OSHA
Docket Office for information about materials not available through
http://www.regulations.gov and for assistance in using the internet to
locate submissions.
    Electronic copies of this Federal Register notice are available at
http://www.regulations.gov. This document, as well as news releases and
other relevant information, also is available at OSHA's Web page at
http://www.osha.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by 29 U.S.C. 668, 5 U.S.C. 7902, 5 U.S.C.
App 2, Executive Order 12196 and 13511, 29 CFR Part 1960, 41 CFR Part
102-3, and Secretary of Labor's Order 1-2012 (77 FR 3912 (1/25/2012)).

    Signed at Washington, DC on January 2, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-00031 Filed 1-6-14; 8:45 am]
BILLING CODE 4510-26-P [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES]