[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43280-43281]
[FR Doc No: 2012-17921]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. AD12-12-000]

Coordination Between Natural Gas and Electricity Markets;
Supplemental Notice of Technical Conferences

    On July 5, 2012, the Federal Energy Regulatory Commission
(Commission) issued a notice scheduling a series of regional technical
conferences on the issue of gas-electric coordination.\1\ This
supplemental notice contains additional information regarding the time
and venue of each conference. The conferences are free of charge and
open to the public. Commission members may participate in the
conferences.
---------------------------------------------------------------------------

    \1\ Coordination between Natural Gas and Electricity Markets,
Docket No. AD12-12-000 (July 5, 2012) (Notice of Technical
Conferences) (http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=13023450); 77 FR 41184 (July 12, 2012) (http://www.gpo.gov/fdsys/pkg/FR-2012-07-12/pdf/2012-16997.pdf).
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    The regional technical conferences will be held on the following
dates, at the following venues:

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

------------------------------------------------------------------------
Central.......................  August 6, 2012...  St. Louis, MO, Hilton
                                                    St. Louis at the
                                                    Ballpark, 1 South
                                                    Broadway, St. Louis,
                                                    MO, 63102, USA, Tel:
                                                    1-314-421-1776, 1-
<PHONE_NUMBER> (toll
                                                    free).
Northeast.....................  August 20, 2012..  Boston, MA, Hyatt
                                                    Harborside at
                                                    Boston's Logan
                                                    International
                                                    Airport, 101
                                                    Harborside Drive,
                                                    Boston, MA, 02128,
                                                    USA, Tel: 1-617-568-
                                                    1234, 1-888-421-1442
                                                    (toll free).
Southeast.....................  August 23, 2012..  Washington, DC, FERC
                                                    HQ.

West..........................  August 28, 2012..  Portland, OR,
                                                    DoubleTree by Hilton
                                                    Hotel Portland, 1000
                                                    NE., Multnomah
                                                    Street, Portland,
                                                    OR, 97232, USA, Tel:
                                                    1-503-281-6111, 1-
<PHONE_NUMBER> (toll
                                                    free).
Mid-Atlantic..................  August 30, 2012..  Washington, DC, FERC
                                                    HQ.
------------------------------------------------------------------------

    Each conference will begin at 9 a.m. and end at approximately 5:30
p.m. The dress code for the conferences will be business casual.
Subsequent notices will be issued specifying the agenda and roundtable
participants for each conference.
    The conferences will not be transcribed. However, there will be a
free webcast of the conferences held at FERC HQ and a free audiocast of
the conferences held offsite. The webcasts and audiocasts will allow
persons to view or listen to the conference, but not participate.
Anyone with Internet access who desires to listen to a conference can
do so by navigating to www.ferc.gov's Calendar of Events and locating
the conference in the Calendar. Each conference will contain a link to
its webcast or audiocast, as applicable. The Capitol Connection
provides technical support for webcasts and audiocasts and offers the
option of listening to the meeting via phone-bridge for a fee. If you
have any questions, visit www.CapitolConnection.org or call 703-993-
3100.
    If you have not already done so, those that plan to attend a
conference are strongly encouraged to complete the registration form
located at: www.ferc.gov/whats-new/registration/nat-gas-elec-mkts-form.asp. If you plan to attend more than one conference, please
register separately for each conference.
    As provided for in the July 5th notice, those wishing to
participate in a roundtable should complete the request form located at
www.ferc.gov/whats-new/registration/nat-gas-elec-mkts-speaker-form.asp
by the close of business on July 19, 2012. The conference will be
organized as a roundtable discussion of the topics identified in the
July 5th notice and Commission staff will moderate the discussion of
each topic. Roundtable participants will not be giving presentations or
providing opening remarks. Time permitting, comments or questions from
those attending the conference, but not participating in the
roundtable, will be permitted. If you would like to participate in more
than one roundtable, please complete a separate request form for each
conference. Due to time and seating constraints, we may not be able to
accommodate all those interested in participating in the roundtables.
    Information on the conferences will also be posted on the Web site
www.ferc.gov/industries/electric/indus-act/electric-coord.asp, as well
as the Calendar of Events on the Commission's Web site www.ferc.gov gov,
prior to the conferences.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a Fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about the regional technical conferences,
please contact:

Pamela Silberstein, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Sarah McKinley, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: July 17, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-17921 Filed 7-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Proposed Rules]
[Pages 64795-64797]
[FR Doc No: 2018-27362]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0787; FRL-9988-18-Region 9]

Air Plan Approval; California; Antelope Valley Air Quality
Management District; Optional General SIP Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Antelope Valley Air Quality Management
District (AVAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of volatile organic compounds
(VOCs) from organic liquid loading. We are proposing to approve
revisions to a local rule to regulate these emission sources under the
Clean Air Act (CAA or the Act). We are taking comments on this

proposal and plan to follow with a final action.

DATES: Any comments must arrive by January 17, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0787 at http://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. For either manner of submission, the EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rebecca Newhouse, EPA Region IX, (415)
972-3004<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency                 Rule #               Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.............................             462  Organic Liquid Loading \1\.        09/19/17        11/13/17
----------------------------------------------------------------------------------------------------------------
\1\ Subsequent to the submittal of Rule 462, the District made two minor administrative corrections to the rule
  text. The EPA is proposing to approve the corrected version of the rule. More information on these corrections
  can be found in the TSD.

    On May 13, 2018, the submittal for AVAQMD was deemed by operation
of law to meet the completeness criteria in 40 CFR part 51 Appendix V,
which must be met before formal EPA review.

B. Are there other versions of this rule?

    We approved an earlier version of Rule 462 into the SIP on October
5, 1979 (47 FR 29668). The AVAQMD adopted revisions to the SIP-approved
version on September 19, 2017, and CARB submitted them to us on
November 13, 2017.

C. What is the purpose of the rule revision?

    VOCs help produce ground-level ozone, smog and particulate matter
(PM), which harm human health and the environment. Section 110(a) of
the CAA requires states to submit regulations that control VOC
emissions. SIP-approved Rule 462 establishes VOC emission limits for
organic liquid and gasoline transfers into delivery vessels at bulk
terminals and bulk gasoline plants. It also describes inspection,
recordkeeping, and work-practice requirements for organic liquid and
gasoline transfers at these facilities. Revisions to the SIP-approved
version of Rule 462 adopted on September 19, 2017, include lowering VOC
emission limits for organic liquid and gasoline transfers at facilities
transferring over 20,000 gallons of organic liquid per day from 0.65
lbs VOCs per 1000 gallons transferred to 0.08 lbs VOCs per 1000 gallons
transferred; requiring those facilities to install and maintain a
continuous emissions monitoring system; and requiring VOC vapor control
efficiency of 90 percent for specified facilities existing prior to
January 9, 1976, which load less than 20,000 gallons of gasoline per
day. Revisions also require vapor recovery systems at specified organic
liquid and gasoline transfer facilities be CARB-certified; strengthen
inspection and record keeping requirements; and make other clarifying
and conforming changes.
    Additionally, on October 10, 2017 (82 FR 46923), the EPA partially
conditionally approved AVAQMD's reasonably available control technology
(RACT) demonstrations for the 1997 8-hr ozone National Ambient Air
Quality Standards (NAAQS) and the 2008 8-hr ozone NAAQS (also referred
to as the 2006 and 2015 RACT SIPs) with respect to Rule 462, based on
commitments from AVAQMD to revise and submit amendments to Rule 462
that remedy specific deficiencies. These deficiencies were identified
in our December 15, 2016 proposed partial approval and partial
disapproval (81 FR 90754) and referenced in our July 28, 2017 proposal
(82 FR 35149). For Rule 462, the deficiency was identified as a
``facility vapor leak'' definition that was inconsistent with the test
method specified to conduct vapor leak measurements. Revisions to Rule
462 on September 19, 2017, corrected the deficiency. The EPA's
technical support document (TSD) has more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must require RACT for each category of sources
covered by a Control Techniques Guidelines (CTG) document as well as
each major source of VOCs in ozone nonattainment areas classified as
moderate or above (see CAA section 182(b)(2)). The AVAQMD regulates an
ozone nonattainment area classified as Severe for the 1997 and 2008 8-
hour ozone NAAQS (40 CFR 81.305).

Therefore, this rule must implement RACT. In addition, the rule was
evaluated to ensure it met the commitment made by the AVAQMD that
served as the basis for the partial conditional approval of the AVAQMD
2006 and 2015 RACT SIPs with respect to Rule 462 (82 FR 46923).
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control of Volatile Organic Emissions from Bulk Gasoline
Plants,'' EPA-450/2-77-035, December 1977.
    5. ``Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals,'' EPA-450/2-77-026, October 1977.

B. Does the rule meet the evaluation criteria?

    This rule is consistent with CAA requirements and relevant guidance
regarding enforceability, RACT, and SIP revisions, and meets the
District's commitment to remedy the Rule 462 deficiency identified in
the RACT SIP conditional approval (82 FR 46923). The TSD has more
information on our evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until January 17, 2019. If we take final action to approve the
submitted rule, our final action will incorporate this rule into the
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the AVAQMD rule described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 30, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-27362 Filed 12-17-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Page 65719]
[FR Doc No: 2011-27387]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ER12-96-000 ]

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

    This is a supplemental notice in the above-referenced proceeding of
South Chesnut, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 1, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 18, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-27387 Filed 10-21-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 6, 2010 (Volume 75, Number 65)]
[Proposed Rules]
[Page 17331-17332]
[DOCID:fr06ap10-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2009-0923; EPA-HQ-OAR-2009-0926; EPA-HQ-OAR-2009-0927; FRL-
9134-2]
RIN 2060-AP99, AP88, AQ00

Public Hearings for the Mandatory Reporting Rule for Greenhouse
Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of public hearings.

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SUMMARY: The EPA is announcing two public hearings to be held for
proposed rules related to mandatory reporting of greenhouse gases,
which will be published separately in the Federal Register. These
proposed rules would

amend the Mandatory Reporting of Greenhouse Gases rule, published on
October 30, 2009 by requiring reporting of greenhouse gases from
additional industry source categories.
    One hearing will be held in Arlington, Virginia (which is in the
Washington, DC, area) on April 19, 2010. It will cover the proposed
rule ``Mandatory Reporting of Greenhouse Gases: Petroleum and Natural
Gas Systems'' and the proposed rule ``Mandatory Reporting of Greenhouse
Gases: Injection and Geologic Sequestration of Carbon Dioxide.'' These
two notices will be being published in separate notices of proposed
rulemaking.
    The other hearing will be held in Washington, DC, on April 20,
2010. It will cover the proposed rule ``Mandatory Reporting of
Greenhouse Gases: Additional Sources of Fluorinated GHGs,'' which will
be published in a separate notice of proposed rulemaking.
    The proposed rules do not require control of greenhouse gases,
rather they require only that sources above certain threshold levels
monitor and report emissions and carbon dioxide injection and geologic
sequestration. The signed notices of proposed rulemaking were posted on
the EPA Web site prior to publication in the Federal Register, and
contained the same public hearing dates presented in this announcement.

DATES: There will be two public hearings. One hearing will be held on
April 19, 2010 in Arlington, VA. The other hearing will be on April 20,
2010 in Washington, DC. To obtain information about the public hearings
or to register to speak at the hearings, please go to: http://
www.epa.gov/climatechange/emissions/ghgrulemaking.html. Alternatively,
contact Carole Cook at<PHONE_NUMBER>.

ADDRESSES: The hearings will be held at the following locations:
    1. Arlington: One Potomac Yard (South Building), 2777 S. Crystal
Drive, Arlington, VA 22202.
    2. Washington, DC: Environmental Protection Agency, 1310 L Street
NW., Room 152, Washington, DC 20005.
    Written comments on the proposed rules may also be submitted to EPA
electronically, by mail, by facsimile, or through hand delivery/
courier. Please refer to the notices of proposed rulemaking for the
addresses and detailed instructions for submitting written comments.
    When the proposed rules are published in the Federal Register, a
complete set of documents related to the proposal will be available for
public inspection at the EPA Docket Center, located at 1301
Constitution Avenue, NW., Room 3334, Washington, DC between 8:30 a.m.
and 4:30 p.m., Monday through Friday, excluding legal holidays. A
reasonable fee may be charged for copying. Documents are also available
through the electronic docket system at http://www.regulations.gov.
    The EPA Web site for the Mandatory Reporting of Greenhouse Gases
rulemaking, which includes information about the public hearings and a
copy of the signed proposals (which are essentially the same as the
proposals that will be published) can be found at: http://www.epa.gov/
climatechange/emissions/ghgrulemaking.html.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The proposals for which EPA is holding the
public hearings will be published separately in the Federal Register.
Copies of the signed notices of proposed rulemaking, which are
essentially the same as the proposal that will be published in the
Federal Register, has been available since March 23, 2010, on the
following Web site: http://www.epa.gov/climatechange/emissions/
ghgrulemaking.html. The notices on the Web site contain the same public
hearing dates, addresses, and registration information presented in
this announcement of public hearings.
    The public hearings will provide interested parties the opportunity
to present data, views, or arguments concerning the proposed rules. The
EPA may ask clarifying questions during the oral presentations, but
will not respond to the presentations at that time. Written statements
and supporting information submitted during the comment period will be
considered with the same weight as any oral comments and supporting
information presented at the public hearings. Written comments must be
received by the last day of the comment period, as specified in the
notices of proposed rulemaking.
    To obtain information about the public hearings or to register to
speak at the hearings, please go to: http://www.epa.gov/climatechange/
emissions/ghgrulemaking.html. Alternatively, contact Carole Cook at
202-343-9263.
    Verbatim transcripts of the hearings and written statements will be
included in the rulemaking dockets.

How Can I Get Copies Of This Document, the Proposed Rule, and Other
Related Information?

    The EPA has established dockets for each action under the following
Docket ID Nos: EPA-HQ-OAR-2009-0923 (Petroleum and Natural Gas Systems,
proposed 40 CFR part 98, subpart W), EPA-HQ-OAR-2009-0926 (Carbon
Dioxide Injection and Geologic Sequestration, proposed 40 CFR part 98,
subpart RR), and EPA-HQ-OAR-2009-0927 (Additional Sources of
Fluorinated Greenhouse Gases, proposed 40 CFR part 98, subparts I, L,
DD, QQ, and SS). The EPA has also developed a Web site for the proposed
greenhouse gas reporting rule, including the notice of proposed
rulemaking, at the address given above. Please refer to the notice of
proposed rulemaking for detailed information on accessing information
related to the proposal.

    Dated: March 31, 2010.
Brian McLean,
Director, Office of Atmospheric Programs.
[FR Doc. 2010-7738 Filed 4-5-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Page 70439]
[FR Doc No: 2011-29261]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-327-000]

L&L Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
L&L Energy LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 25, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 4, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-29261 Filed 11-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Page 12847]
[FR Doc No: 2011-5288]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 201

[Docket No. FDA-2011-N-0101]

Change of Address; Requests for Exemption From the Bar Code Label
Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA) is amending its
regulations to update the address for submitting bar code exemption
requests to the Center for Drug Evaluation and Research (CDER). This
action is being taken to ensure accuracy and clarity in the Agency's
regulations.

DATES: This rule is effective March 9, 2011.

FOR FURTHER INFORMATION CONTACT: Rikin Mehta, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 5235, Silver Spring, MD 20993-0002, 301-
796-3937.

SUPPLEMENTARY INFORMATION: FDA is amending 21 CFR 201.25(d)(2) to
update the address for submitting bar code exemption requests to CDER.
The new address for these submissions is Office of Compliance, Center
for Drug Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 51, Silver Spring, MD 20993-0002. This action
is being taken to ensure accuracy and clarity in the Agency's
regulations.
    Publication of this document constitutes final action on these
changes under the Administrative Procedure Act (5 U.S.C. 553). FDA has
determined that notice and public comment are unnecessary because this
amendment to the regulations provides only technical changes to update
an address for submitting bar code exemption requests to CDER.

List of Subjects in 21 CFR Part 201

    Drugs, Labeling, Reporting and recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
201 is amended as follows:

PART 201--LABELING

0
1. The authority citation for 21 CFR part 201 continues to read as
follows:

    Authority:  21 U.S.C. 321, 331, 351, 352, 353, 355, 358, 360,
360b, 360gg-360ss, 371, 374, 379e; 42 U.S.C. 216, 241, 262, 264.

0
2. Section 201.25 is amended by revising paragraph (d)(2) to read as
follows:

Sec.  201.25  Bar code label requirements.

* * * * *
    (d) * * *
    (2) Requests for an exemption should be sent to the Office of
Compliance, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, Silver Spring, MD
20993-0002 (requests involving a drug product) or to the Office of
Compliance and Biologics Quality (HFM-600), Center for Biologics
Evaluation and Research, Food and Drug Administration, 1401 Rockville
Pike, Rockville, MD 20852 (requests involving a biological product).

    Dated: March 3, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-5288 Filed 3-8-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Notices]
[Pages 16267-16269]
[FR Doc No: 2021-06233]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91383; File No. SR-CFE-2021-006]

Self-Regulatory Organizations; Cboe Futures Exchange, LLC; Notice
of a Filing of a Proposed Rule Change Regarding Disruptive Trading
Practices

March 22, 2021.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on March 15, 2021 Cboe
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I, II, and III below, which Items have been
prepared by CFE. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons. CFE also
has filed this proposed rule change with the Commodity Futures Trading
Commission (``CFTC''). CFE filed a written certification with the CFTC
under Section 5c(c) of the Commodity Exchange Act (``CEA'') \2\ on
March 15, 2021.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    The Exchange proposes to provide additional guidance in its rules
regarding prohibited disruptive practices.
    The rule amendments included as part of this proposed rule change
are to apply to all products traded on CFE, including both non-security
futures and any security futures that may be listed for trading on CFE.
The scope of this filing is limited solely to the application of the
proposed rule change to security futures that may be traded on CFE.
Although no security futures are currently listed for trading on CFE,
CFE may list security futures for trading in the future.
    The text of the proposed rule change is attached as Exhibit 4 to
the filing but is not attached to the publication of this notice.

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

    In its filing with the Commission, CFE 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. CFE 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
    CFE Rule 620 (Disruptive Practices) prohibits various disruptive
practices and CFE Policy and Procedure XVIII (Disruptive Trading
Practices) (``P&P XVIII'') of the Policies and Procedures section of
the CFE Rulebook lists various factors that CFE may consider in
assessing whether conduct violates Rule 620. The proposed rule change
proposes to make the following clarifying updates in relation to these
provisions.
    CFE is proposing to amend the provisions of Rule 620 in the
following manner.
    Rule 620(b)(iii) currently provides that no Person shall enter or
cause to be entered an actionable or non-actionable message or messages
with intent to overload, delay, or disrupt the systems of the Exchange
or other market participants. CFE proposes to add a new subparagraph
(b)(iv) to Rule 620 to address disruption to the systems of the
Exchange or market participants in this context and accordingly
proposes to remove reference to disruption from Rule 620(b)(iii).
    Specifically, proposed revised Rule 620(b)(iii) will provide that
no Person shall enter or cause to be entered an actionable or non-
actionable message(s) with intent to overload or delay the systems of
the Exchange or other market participants.
    Proposed new Rule 620(b)(iv) will provide that no Person shall
intentionally or recklessly submit or cause to be submitted an
actionable or non-actionable message(s) that has the potential to
disrupt the systems of the Exchange or other market participants.
    CFE also proposes to make the following two non-substantive changes
to Rule 620(b): (1) To change the numbering of current subparagraph
(b)(iv) of Rule 620 to subparagraph (b)(v) of Rule 620 to account for
the addition of proposed new Rule 620(b)(iv) and (2) to revise Rule
620(b)(ii), Rule 620(b)(iii), and renumbered Rule 620(b)(v) to use the
same wording when referring to an actionable or non-actionable
message(s) and thus to provide for consistent language in relation to
these references throughout Rule 620(b).

    CFE is also proposing to amend the provisions of P&P XVIII in the
following manner.
    CFE proposes to revise Section A of P&P XVIII to specifically
reference an additional factor that the Exchange may consider in
assessing whether conduct violates Rule 620. Section A of P&P XVIII
enumerates a non-exclusive list of factors that the Exchange may
consider in assessing whether conduct violates Rule 620. CFE proposes
to revise Section A of P&P XVIII to specifically provide that the
Exchange may consider industry best practices regarding the design,
testing, implementation, operation, change management, monitoring, and
documentation of automated trading systems in assessing whether conduct
violates Rule 620.
    CFE proposes to update Section J of P&P XVIII to reference
additional examples of non-actionable messages. Currently, Section J of
P&P XVIII lists a heartbeat message transmitted to CFE's trading system
(``CFE System'') as a non-actionable message. CFE proposes to revise
Section J of P&P XVIII to list the entry of Orders in test products and
network packets that are incomplete, partial, corrupt, or otherwise
unable to be processed by the Exchange as additional examples of non-
actionable messages.
    CFE proposes to add new Section U to P&P XVIII to specifically
reference two examples of practices that are prohibited by new Rule
620(b)(iv). In particular, CFE proposes to add new Section U of P&P
XVIII, which will provide that (1) engaging in a pattern and practice
of submitting partial messages for the purpose of seeking to reduce
latency has the potential to disrupt the systems of the Exchange; (2)
purposefully corrupting or constructing malformed data packets also has
the potential to disrupt the systems of the Exchange; and (3) the
Exchange considers any market participant engaging in either of these
practices as part of a trading strategy to have recklessly disregarded
the potential to disrupt the systems of the Exchange in violation of
new Rule 620(b)(iv).
    CFE proposes to add these provisions to make clear that
intentionally submitting partial order messages for the purpose of
seeking to reduce latency only to complete the order message upon the
happening of an event or trading signal is prohibited activity.
Similarly, these provisions are intended to make clear that
purposefully corrupting or constructing malformed data packets as part
of a trading strategy to reduce latency is also prohibited activity.
These strategies have the potential to impact the systems of the
Exchange, and the Exchange believes they serve no useful purpose.
    CFE proposes to add new Section V to P&P XVIII to make clear that
brokers and execution clerks are obligated to consider market
conditions when executing an order on behalf of a customer or employer
pursuant to their instructions and that the instructions of a customer
or employer do not negate the obligation for brokers and execution
clerks to comply with Rule 620. In connection with the addition of new
Section V to P&P XVIII, CFE proposes to amend P&P XVIII to change the
lettering of current Section U to new Section W of P&P XVIII and of
current Section V to new Section X of P&P XVIII to account for the
addition of proposed new Section V to P&P XVIII.
    Finally, CFE proposes to amend new Section X of P&P XVIII to add
two examples of prohibited activity under Rule 620. In particular, this
Section of P&P XVIII includes a non-exhaustive list of various examples
of conduct that may be found to violate Rule 620. The proposed
additional examples in new Section X of P&P XVIII provide specific
illustrations of trading strategies that may violate Rule 620,
including the provisions of new Rule 620(b)(iv), which involve
purposefully corrupting or constructing malformed data packets.
    The first proposed example includes the following fact pattern: A
market participant engages in a trading strategy where the market
participant's trading system is designed to purposefully corrupt data
sent across one or more physical connections to the Exchange. For
example, prior to the occurrence of an event or signal, the market
participant's trading system begins transmitting to the Exchange data
necessary for an order message (e.g., Ethernet frame; Internet Protocol
(IP) packet; Transmission Control Protocol (TCP) packet; etc.). The
trading system is designed so that if the event or signal does not
occur as expected, the trading system will corrupt the partially
transmitted data, for instance by invalidating the Frame Check Sequence
(FCS) checksum causing the packet or Ethernet frame to be dropped by a
network switch or receiving device at the logical or physical entry
point to the CFE System. If the event does occur as expected, the
trading system will complete the partially transmitted data so that an
order message from the trading system is able to reach the Exchange
trading platform.
    The second proposed example includes the following fact pattern: A
market participant engages in a trading strategy where the market
participant's trading system is designed to purposefully send to the
Exchange untradeable orders or orders that have no reasonable
probability of trading. For example, prior to the occurrence of an
event or signal, the market participant's trading system begins
transmitting to the Exchange data necessary for an order message (e.g.,
Ethernet frame; TCP packet; etc.). The trading system is designed so
that if the event or signal does not occur as expected, the trading
system will complete the partially transmitted data and successfully
submit an order message to the Exchange. However, because the event or
signal did not occur as expected, the trading system is designed to
render the completed order message untradeable or improbable of
trading. This may be accomplished, for example, by submitting the order
message as a fill or kill order type with a price or quantity that
causes the order to immediately be cancelled by the trading platform.
This may also be accomplished, for example, by submitting the order
message at an off-market price, deep in the order book, and intending
to cancel that order prior to execution.
    The proposed rule change is consistent with similar updated
guidance provided by other designated contract markets (``DCMs'')
regarding disruptive practices.\3\ The Exchange believes that aligning
its guidance regarding disruptive trading practices across DCMs where
appropriate protects the Exchange, investors, and the public interest
by promoting uniform expectations among market participants regarding
disruptive trade practices.
---------------------------------------------------------------------------

    \3\ These DCMs are Chicago Mercantile Exchange, Inc. (``CME''),
The Board of Trade of the City of Chicago, Inc., New York Mercantile
Exchange, Inc., and Commodity Exchange, Inc. Each submitted rule
certification filings to the CFTC to effectuate their respective
updated guidance. See, e.g., CME Submission No. 20-305 (July 24,
2020), which is available on the CFTC website at: https://www.cftc.gov/sites/default/files/filings/orgrules/20/07/rule072420cmedcm003.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Sections 6(b)(1) \5\ and 6(b)(5) \6\ in particular, in
that it is designed:
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(1).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

     To enable the Exchange to enforce compliance by its
Trading Privilege Holders and persons associated with its Trading
Privilege Holders with the provisions of the rules of the Exchange,
     to prevent fraudulent and manipulative acts and practices,

     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.
    The proposed rule change provides additional guidance regarding
disruptive practices that violate CFE Rule 620. CFE considers the
disruptive trading practices addressed by the proposed rule change to
be prohibited by existing CFE rules, including current Rule 620, P&P
XVIII, and CFE Rule 608 (Acts Detrimental to the Exchange, Acts
Inconsistent with Just and Equitable Principles of Trade; Abusive
Practices). CFE also considers the provisions that are proposed to be
added to P&P XVIII relating to factors that the Exchange may consider
in assessing whether conduct violates Rule 620 and relating to the
obligation of brokers to consider market conditions when executing
orders to be within the scope of existing CFE rules, including current
Rule 620 and P&P XVIII. Although this is the case, CFE believes that it
is beneficial to provide additional guidance to market participants
through the inclusion of further detail in CFE's rules regarding
prohibited disruptive practices. By further describing prohibited
disruptive trading practices in CFE's rules and by providing additional
guidance relating to the application of CFE's rule provisions with
respect to disruptive trading practices, the proposed changes to Rule
620 and P&P XVIII contribute to the protection of CFE's market and
market participants from abusive practices; to the promotion of fair
and equitable trading on CFE's market; and to precluding activity on
CFE's market that is disruptive to the orderly execution of
transactions and that may negatively impact the systems of the
Exchange.
    Accordingly, the Exchange believes that the proposed rule change
will benefit market participants because it will provide greater
clarity regarding the Exchange's current prohibited disruptive trading
practices and the various factors that CFE may consider in assessing
whether conduct violates Rule 620. Additionally, the Exchange believes
that the proposed rule change will strengthen its ability to carry out
its responsibilities as a self-regulatory organization by providing
further guidance regarding the type of activity that is prohibited
under CFE Rule 620. In addition, the proposed rule change benefits
market participants by contributing to the protection of CFE's market
and market participants from abusive practices and to the promotion of
a fair and orderly market.
    The Exchange also believes that the proposed rule change is
equitable and not unfairly discriminatory in that the rule amendments
included in the proposed rule change would apply equally to all market
participants.

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

    CFE does not believe that the proposed rule changes will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. Specifically, the Exchange believes that the
proposed rule change will not burden intra-market competition because
the clarifying updates to the prohibited disruptive trading practices
will apply equally to all market participants. The Exchange also
believes that these clarifying updates will help to foster a fair and
orderly market and contribute to furthering the promotion of fair and
equitable trading on the Exchange. Additionally, the proposed rule
change is designed to make CFE's disruptive trading practice rules
consistent with the existing rules and guidance published by other DCMs
and thus will not burden intermarket competition.

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

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

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

    The proposed rule change will become operative on March 29, 2021.
At any time within 60 days of the date of effectiveness of the proposed
rule change, the Commission, after consultation with the CFTC, may
summarily abrogate the proposed rule change and require that the
proposed rule change be refiled in accordance with the provisions of
Section 19(b)(1) of the Act.\7\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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-CFE-2021-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CFE-2021-006. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CFE-2021-006, and should be submitted on
or before April 16, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(73).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-06233 Filed 3-25-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 17, 2009 (Volume 74, Number 73)]
[Notices]
[Page 17844-17845]
[DOCID:fr17ap09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-108-000]

Tennessee Gas Pipeline Company; Notice of Application

April 9, 2009.
    Take notice that on April 3, 2009, Tennessee Gas Pipeline Company
(Tennessee), 1001 Louisiana Street, Houston, Texas 77002, filed in
Docket No. CP09-108-000, an application pursuant to section 7(b) of the
Natural Gas Act (NGA) and part 157 of the Commission's regulations,
requesting authorization to abandon a segment of its Line 523M-100
located in Federal waters offshore Louisiana, all as more fully set
forth in the application which is on file with the Commission and open
to public inspection. 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 to access the document. For assistance, call (866)
208-3676 or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Susan T. Halbach, Senior Counsel, Tennessee Gas Pipeline Company, 1001
Louisiana Street, Houston, Texas 77002, or by calling<PHONE_NUMBER>
(telephone<EMAIL_ADDRESS>or to Kathy Cash, Principal
Analyst, Rates and Regulatory Affairs, Tennessee Gas Pipeline Company,
1001 Louisiana Street, Houston, Texas 77002, or by calling (713) 420-
3290 (telephone) or<PHONE_NUMBER> (fax<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the

EA in the Commission's public record for this proceeding or the
issuance of a Notice of Schedule for Environmental Review will serve to
notify Federal and State agencies of the timing for the completion of
all necessary reviews, and the subsequent need to complete all Federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: April 30, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-8807 Filed 4-16-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69859-69860]
[FR Doc No: 2014-27693]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1429]

Registration of Human Drug Compounding Outsourcing Facilities
Under Section 503B of the FD&C Act; Final Guidance for Industry;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a final guidance for industry entitled ``Registration
of Human Drug Compounding Outsourcing Facilities Under Section 503B of
the FD&C Act.'' The guidance addresses new provisions in the Federal
Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Drug
Quality and Security Act (DQSA). The guidance is intended to assist
human drug compounders that elect to register as outsourcing facilities
in registering, re-registering, or de-registering with FDA. The
guidance provides information on how an outsourcing facility should
submit facility registration information electronically in structured
product labeling (SPL) format using FDA's electronic submission system.
This guidance reflects the Agency's current thinking on the issues
addressed by the guidance.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the final
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the final guidance document. Submit electronic comments on
the final guidance to http://www.regulations.gov. Submit written
comments to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Soo Jin Park, Drug Registration and
Listing Team, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301-
796-3100.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a final guidance for industry
entitled ``Registration of Human Drug Compounding Outsourcing
Facilities Under Section 503B of the FD&C Act.'' This guidance is being
issued consistent with the new authority conferred to FDA in the DQSA
(Pub. L. 113-54). In that legislation, Congress created a new category
for certain facilities that

compound human drugs called ``outsourcing facilities.'' Section
503B(d)(4) of the FD&C Act (21 U.S.C. 353B(d)(4)) defines an
outsourcing facility, in part, as a facility that complies with all of
the requirements of section 503B, including registering with FDA as an
outsourcing facility and paying associated fees. If the conditions
outlined in section 503B(a) of the FD&C Act are satisfied, a drug
compounded by or under the direct supervision of a licensed pharmacist
in an outsourcing facility is exempt from certain sections of the FD&C
Act, including section 502(f)(1) (21 U.S.C. 352(f)(1)) (concerning the
labeling of drugs with adequate directions for use) and section 505 (21
U.S.C. 355) (concerning the approval of human drug products under new
drug applications (NDAs) or abbreviated new drug applications (ANDAs)).
Drugs compounded in outsourcing facilities are not exempt from the
requirements of section 501(a)(2)(B) of the FD&C Act (21 U.S.C.
351(a)(2)(B)) (concerning current good manufacturing practice for
drugs). This guidance is intended to assist compounding facilities that
wish to register as outsourcing facilities to register with FDA and
discusses the process for registering, re-registering, and de-
registering.
    In the Federal Register of December 4, 2013 (78 FR 72899), FDA
issued a notice announcing the availability of the draft version of
this guidance. That draft guidance set forth an interim and electronic
submission method for human drug compounders that elect to register as
outsourcing facilities. The comment period on the draft guidance ended
on February 3, 2014. FDA received nine comments on the draft guidance.
Some of the received comments raised issues that were not directly
pertinent to the topics addressed in this guidance. FDA intends to
consider those comments as they relate to issues being addressed in
other policy documents being developed by the Agency.
    In response to received comments or on its own initiative, FDA made
the following changes as it finalized this guidance: (1) We included a
phone number for a point of contact; (2) we deleted reference to an
alternative interim registration method; (3) we added information on
how a registered outsourcing facility can de-register; (4) we clarified
what registration information will be made public; (5) we clarified the
standard to be used to grant a waiver of the electronic submission
requirements; and (6) we made grammatical and other minor editorial
changes to improve clarity.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
Agency's current thinking on this topic. It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act

    This guidance contains collections of information that are subject
to review by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of
information have been approved under OMB control number 0910-0777.

III. Comments

    Interested persons can submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
can be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: November 18, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-27693 Filed 11-21-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42535-42537]
[FR Doc No: 2018-18065]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83863; File No. SR-FINRA-2018-031]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend FINRA Rule 1220(a)(4), Financial and
Operations Principal and Introducing Broker-Dealer Financial and
Operations Principal

August 16, 2018.
    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 August 15, 2018, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to amend FINRA Rule 1220(a)(4) (Financial and
Operations Principal and Introducing Broker-Dealer Financial and
Operations Principal) to: (1) Reflect that certain firms remain exempt
from the requirement to designate an individual as a Financial and
Operations Principal (``FINOP'') or an Introducing Broker-Dealer
Financial and Operations Principal (``Introducing FINOP''); and (2)
provide that the individual designated as Principal Financial Officer
and Principal Operations Officer of these exempt firms is not required
to be qualified and registered as a FINOP or an Introducing FINOP.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In July 2017, the SEC approved a proposed rule change to,\4\ among
other things, adopt the NASD and Incorporated NYSE rules \5\ relating
to individuals responsible for a member's financial and operational
activities as FINRA Rule 1220(a)(4) in the Consolidated FINRA
Rulebook.\6\ The rule change will become effective on October 1,
2018.\7\
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    \4\ See Securities Exchange Act Release No. 81098 (July 7,
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007). For ease of reference, FINRA revised the titles of
some of the registration categories as part of SR-FINRA-2017-007.
For instance, FINRA changed ``Limited Principal--Financial and
Operations'' and ``Limited Principal--Introducing Broker/Dealer
Financial and Operations'' to ``Financial and Operations Principal''
and ``Introducing Broker-Dealer Financial and Operations
Principal,'' respectively. This proposed rule change refers to the
titles that were approved as part of SR-FINRA-2017-007, though the
changes are not yet effective.
    \5\ Current NASD Rules 1022(b) (Limited Principal--Financial and
Operations) and 1022(c) (Limited Principal--Introducing Broker/
Dealer Financial and Operations) and Incorporated NYSE Rule
Interpretations 311(b)(5)/02 (Examination Requirements for Chief
Financial Officers (``CFO'') and Chief Operations Officers
(``COO[supreg]'') and/03 (Dual Designation of CFO and COO).
    \6\ The current FINRA rulebook consists of: (1) FINRA rules; (2)
NASD rules; and (3) Incorporated NYSE rules. While the NASD rules
generally apply to all FINRA members, the Incorporated NYSE rules
apply only to those members of FINRA that are also members of the
NYSE (``dual members''). The FINRA rules apply to all FINRA members,
unless such rules have a more limited application by their terms.
For more information about the rulebook consolidation process, see
Information Notice, March 12, 2008 (Rulebook Consolidation Process).
    \7\ See Regulatory Notice 17-30 (SEC Approves Consolidated FINRA
Registration Rules, Restructured Representative-Level Qualification
Examinations and Changes to Continuing Education Requirements)
(October 2017).
---------------------------------------------------------------------------

    Subparagraph (A) of FINRA Rule 1220(a)(4) requires that each firm
designate an individual as a FINOP or an Introducing FINOP to carry out
specified financial and operational responsibilities,\8\ including, for
example, supervision of individuals who assist in the preparation of
financial reports. Such individuals must pass the FINOP examination
(Series 27) or Introducing FINOP examination (Series 28), as
applicable, or obtain a waiver of the examination. They must also
register in the Central Registration Depository (``CRD[supreg]'')
system with the designation FN (for FINOP) or FI (for Introducing
FINOP).
---------------------------------------------------------------------------

    \8\ The determination of whether a firm is eligible to designate
an Introducing FINOP, rather than a FINOP, depends on the firm's
minimum net capital requirements.
---------------------------------------------------------------------------

    Certain members, hereinafter referred to as exempt firms, are
exempt from the requirement in current NASD Rules 1022(b) and 1022(c)
to designate an individual as a FINOP or an Introducing FINOP to carry
out specified financial and operational responsibilities, including
from the requirement that such an individual pass the Series 27 or
Series 28 examination (or obtain a waiver of the examination) and
register in the CRD system with the designation FN or FI.\9\ FINRA
preserved these exemptions when it proposed to adopt FINRA Rule
1220(a)(4)(A).\10\ However, these exemptions were not reflected in the
rule text.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 44332 (May 21,
2001), 66 FR 29196, 29197 (May 29, 2001) (Order Approving File No.
SR-NASD-00-77). See also Notice to Members (``NTM'') 01-52 (SEC
Approves NASD Rule Proposal Relating To Registration Requirements
For Limited Principals-Financial And Operations And Limited
Principals-Introducing Broker/Dealer Financial And Operations)
(August 2001).
    \10\ See Securities Exchange Act Release No. 80371 (April 4,
2017), 82 FR 17336, 17338, n.12 (April 10, 2017) (Notice of Filing
of File No. SR-FINRA-2017-007) (stating that ``[t]hose members that
are currently exempt from the requirement to have a Financial and
Operations Principal or an Introducing Broker-Dealer Financial and
Operations Principal based on an exemption granted to them prior to
September 17, 2001 will continue to be exempt from this
requirement.'').
---------------------------------------------------------------------------

    Subparagraph (B) of FINRA Rule 1220(a)(4) requires each firm to
designate an individual as Principal Financial Officer with primary
responsibility over the firm's financial filings and the related books
and records and an individual as Principal Operations Officer with
primary responsibility over the firm's day-to-day operations. Such
individuals must also pass the Series 27 or Series 28 examination, as
applicable, or obtain a waiver of the examination. Further, they must
register in the CRD system with the designation FN or FI. The
responsibilities of a designated Principal Financial Officer and
Principal Operations Officer intersect with the responsibilities of a
designated FINOP or Introducing FINOP. However,

the responsibilities of a designated FINOP or Introducing FINOP are
more specific in nature (e.g., they are required to supervise
individuals who assist in the preparation of financial reports). In
addition, a member's designated FINOP or Introducing FINOP is eligible
to perform the responsibilities of a Principal Financial Officer and a
Principal Operations Officer.
    As stated in Regulatory Notice 17-30, the requirement to designate
a Principal Financial Officer and Principal Operations Officer applies
to all firms, including exempt firms. As a result, by October 1, 2018,
exempt firms would have been required to designate as Principal
Financial Officer and Principal Operations Officer an individual who is
qualified and registered as a FINOP or an Introducing FINOP (i.e., the
individual must have passed the Series 27 or Series 28 examination (or
obtained a waiver of the examination) and registered in the CRD system
with the designation FN or FI).
    Exempt firms have noted that the responsibilities of a Principal
Financial Officer and a Principal Operations Officer are functional
equivalents to the responsibilities that a designated FINOP or
Introducing FINOP would carry out at their firms. Exempt firms have
also noted that, given their exempt status, they do not have an
individual designated as a FINOP or an Introducing FINOP to whom to
assign the responsibilities of a Principal Financial Officer and
Principal Operations Officer. Similarly, they do not have any other
associated persons who are qualified and registered as a FINOP or an
Introducing FINOP (e.g., individuals who have passed the Series 27
examination and registered in the CRD system with the designation FN)
to whom to assign the specified responsibilities.
    Therefore, exempt firms have stated that FINRA Rule 1220(a)(4)(B)
would have the indirect impact of eliminating their FINOP and
Introducing FINOP exemptions by requiring them to designate an
individual who is qualified and registered as a FINOP or an Introducing
FINOP to carry out responsibilities that are functionally equivalent to
those responsibilities that would otherwise be carried out by a
designated FINOP or Introducing FINOP.
    FINRA recognizes that the rule change would have the impact of
eliminating longstanding exemptions that were granted to members, which
was not the intended purpose of the rule change. The purpose of the
rule change is to ensure that each member has designated individual(s)
with primary responsibility for specified financial and operational
functions carried out by the firm.
    Accordingly, FINRA is proposing to amend FINRA Rule 1220(a)(4)(A)
to reflect that exempt firms remain exempt from the requirements of
FINRA Rule 1220(a)(4)(A). FINRA is also proposing to amend FINRA Rule
1220(a)(4)(B) to provide that individuals designated as Principal
Financial Officers and Principal Operations Officers of exempt firms
are not required to be qualified and registered as FINOPs or
Introducing FINOPs. FINRA Rule 1220(a)(4)(B) would continue to require
exempt firms to designate an individual as a Principal Financial
Officer and Principal Operations Officer to carry out specified
financial and operational responsibilities, but such individual would
not be required to be qualified and registered as a FINOP or an
Introducing FINOP.\11\
---------------------------------------------------------------------------

    \11\ In addition, FINRA notes that individuals designated as
Principal Financial Officers and Principal Operations Officers of
exempt firms would likely be required to be qualified and registered
as principals, such as General Securities Principals, given the
scope of their responsibilities.
---------------------------------------------------------------------------

    Finally, as indicated in NTM 01-52, FINRA reserves the right to
require exempt firms to designate an individual as a FINOP or an
Introducing FINOP to carry out specified financial and operational
responsibilities if changes occur in the circumstances under which the
original exemption was granted, such as a substantial increase in
business or the addition of new lines of business. FINRA also may
require exempt firms to designate an individual as a FINOP or an
Introducing FINOP if FINRA determines that there is a material
financial-related examination finding that would necessitate it.
However, in the case of any of these events, the member would have the
right to appeal such actions pursuant to FINRA Rule 9630 (Appeal). In
addition, FINRA may impose a disciplinary sanction that would require
exempt firms to designate an individual as a FINOP or an Introducing
FINOP. In the event that a member is no longer exempt under the
circumstances described above, the firm would also have to ensure that
the individual designated as Principal Financial Officer and Principal
Operations Officer is qualified and registered as a FINOP or an
Introducing FINOP.
    FINRA is filing the proposed rule change for immediate
effectiveness. The implementation date will be October 1, 2018, to
coincide with the implementation date of the consolidated registration
rules.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\12\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes it is appropriate to continue to
provide an exemption under FINRA Rule 1220(a)(4) to those firms that
were previously granted an exemption from the requirement to designate
an individual as a FINOP or an Introducing FINOP to carry out specified
financial and operational responsibilities. FINRA also believes the
proposed rule change strikes an appropriate balance in that exempt
firms would still be required to designate an individual as a Principal
Financial Officer and Principal Operations Officer to carry out
specified financial and operational responsibilities, though the
individual would not have to be qualified and registered as a FINOP or
an Introducing FINOP.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Economic Impact Assessment
    FINRA has undertaken an economic impact assessment, as set forth
below, to further analyze the regulatory need for the proposed rule
change, the economic baseline of analysis, the economic impact and the
alternatives considered.
Regulatory Need
    Exempt firms are not required to designate an individual as a FINOP
or an Introducing FINOP to carry out specified financial and
operational responsibilities. The requirements under FINRA Rule
1220(a)(4)(B), which become operative on October 1, 2018, would
effectively and unintentionally undo these exemptions. FINRA is
therefore preserving these exemptions, while ensuring that each FINRA
member, including exempt firms, has a designated Principal Financial
Officer and Principal Operations Officer to carry out specified
financial and operational responsibilities.

Economic Baseline
    The economic baseline for the proposed rule change relates to the
activities and costs associated with financial and operational controls
conducted by exempt firms. There are approximately 140 current exempt
firms.
Economic Impact
    For purposes of this discussion, FINRA has identified the
potentially material impacts of the proposed rule change.
Impact on Firms and Associated Persons
    The proposed rule change would preserve the ability of exempt firms
to maintain financial and operational controls without the addition of
a designated individual as FINOP or Introducing FINOP. Relative to
current practices, the proposed rule change would not impose material
costs on members or associated persons. However, the proposed rule
change would eliminate, or significantly reduce, the operational,
administrative and cost burden on exempt firms once FINRA Rule
1220(a)(4)(B) becomes effective.
    Among other benefits, exempt firms would not be required to employ,
or otherwise associate with, an individual who is currently qualified
and registered as a FINOP or an Introducing FINOP by October 1, 2018 to
carry out the responsibilities of Principal Financial Officer and
Principal Operations Officer. Alternatively, exempt firms would not be
required to ensure that a current associated person is qualified and
registered as a FINOP or an Introducing FINOP by October 1, 2018 to
carry out the responsibilities of Principal Financial Officer and
Principal Operations Officer. The proposed rule change would also
reduce the costs and burdens on current associated persons of exempt
firms who will be designated as Principal Financial Officers and
Principal Operations Officers because such individuals would not be
required to qualify and register as FINOPs or Introducing FINOPs.
    The proposed rule change would not alter the obligations of members
that are currently required to have a designated individual as FINOP or
Introducing FINOP. As noted above, a firm's designated FINOP or
Introducing FINOP is eligible to perform the responsibilities of a
Principal Financial Officer and a Principal Operations Officer.
Impact on Customers of Exempt Firms
    The proposed rule change is not expected to materially alter the
protections that customers of exempt firms currently receive.
Alternatives Considered
    FINRA considered whether alternative qualifications and
registrations would be appropriate for Principal Financial Officers and
Principal Operations Officers, other than qualification and
registration as a FINOP or an Introducing FINOP. However, FINRA
determined not to adopt an alternative qualification and registration
requirement pending its evaluation of the structure of its principal-
level examinations.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing 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 \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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 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 protected]. Please include
File Number SR-FINRA-2018-031 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2018-031. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2018-031, and should be submitted
on or before September 12, 2018.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18065 Filed 8-21-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33868-33869]
[FR Doc No: 2013-13277]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69675; File No. SR-CBOE-2013-041)

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Amendment Nos. 1 and 2 and
Designation of Longer Period for Commission Action on Proposed Rule
Change, as Modified by Amendment Nos. 1 and 2, To Amend Rule 6.53(u)

May 30, 2013.
    On March 28, 2013, Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') 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 amend CBOE Rule 6.53(u), which
governs Qualified Contingent Cross (``QCC'') Orders. The proposed rule
change would allow QCC Orders with more than one option leg to be
entered in the increments specified for complex orders under CBOE Rule
6.42. The proposed rule change was published for comment in the Federal
Register on April 16, 2013.\3\ The Commission has received no comment
letters on the proposal. On April 18, 2013, CBOE filed Amendment No. 1
to the proposed rule change.\4\ On May 29, 2013, CBOE filed Amendment
No. 2 to the proposed rule change.\5\ The Commission is publishing this
notice to solicit comments on the proposed rule change, as modified by
Amendment Nos. 1 and 2, from interested persons, and to designate a
longer period for Commission action on the proposed rule change, as
modified by Amendment Nos. 1 and 2.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 69360 (April 10,
2013), 78 FR 22591 (``Notice'').
    \4\ In Amendment No. 1, CBOE added an additional paragraph at
the end of the purpose section stating that: (1) A QCC Order with
multiple legs is a form of a complex order and should be able to be
entered in $0.01 increments, as non-QCC complex orders can currently
be entered in $0.01 increments; and (2) such orders still cannot
trade unless they are at or between the NBBO and the opportunity to
trade QCC Orders with multiple legs in $0.01 increments provides an
opportunity for price improvement at this smaller increment level.
The paragraph added in Amendment No. 1 was deleted and replaced by
language added in Amendment No. 2. See note 5 infra. The text of
Amendment No. 1 is available on CBOE's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at CBOE's
Office of the Secretary, and at the Commission's Public Reference
Room.
    \5\ In Amendment No. 2, CBOE replaced the paragraph added by
Amendment No. 1 with two paragraphs at the end of the purpose
section stating that: (1) Were it not for language in CBOE Rule
6.53(u) that limits the entry of QCC Orders to the standard
increments applicable to simple orders in the options class of each
leg, QCC Orders with multiple legs would be allowed to be traded in
$0.01 increments under CBOE Rule 6.42; (2) the nature of the pricing
of a complex order, whether a QCC Order or otherwise, is such that
the pricing is based on the relative price of one option versus
another and thus the standard increment of trading of a complex
order's individual options legs is less relevant to the pricing of
the complex order; (3) the proposed amendment to permit QCC Orders
with more than one option leg to be entered in the increments
specified for complex orders under CBOE Rule 6.42 (i.e., $0.01
increments) would put the trading of QCC Orders with multiple legs
on the same footing as the trading of other types of complex orders;
(4) pursuant to CBOE Rule 6.53(u)(ii), each options leg of a complex
QCC Order cannot trade unless each leg provides price improvement
over a public customer order resting in the electronic book and is
at or between the NBBO, and to date, CBOE has never had to reject a
submitted complex QCC Order because it would have violated either of
these principles; and (5) permitting the trading of QCC Orders with
multiple legs in $0.01 increments would provide an opportunity for
price improvement at this smaller increment level. The text of
Amendment No. 2 is available on CBOE's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at CBOE's
Office of the Secretary, and at the Commission's Public Reference
Room.
---------------------------------------------------------------------------

I. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment Nos. 1 and 2, is consistent with the
Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-041 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2013-041. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CBOE-2013-041,
and should be submitted on or before June 26, 2013.

II. Designation of a Longer Period for Commission Action

    Section 19(b)(2) of the Act \6\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether these proposed rule changes should be disapproved.
The 45th day for this filing is May 31, 2013.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change, as modified by Amendment Nos. 1 and
2. The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider and take action on the Exchange's
proposed rule change, as modified by Amendment Nos. 1 and 2.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \7\
and for the reasons stated above, the Commission designates July 15,
2013, as the date by which the Commission should either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change,

as modified by Amendment Nos. 1 and 2, File Number SR-CBOE-2013-041.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12) and (31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13277 Filed 6-4-13; 8:45 am]
BILLING CODE 8011-01-P