[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40169-40174]
[FR Doc No: 2016-14514]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 160503391-6391-01]
RIN 0694-AG96

Revisions to the Unverified List (UVL)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by adding thirty-six (36)
persons to the Unverified List (the ``Unverified List'' or UVL), and
adding an additional address for one (1) person currently listed on the
UVL. The 36 persons are being added to the UVL on the basis that BIS
could not verify their bona fides because an end-use check could not be
completed satisfactorily for reasons outside the U.S. Government's
control. A new address is added for one current UVL person as BIS has
determined that this person has changed its registered address.

DATES: Effective date: This rule is effective: June 21, 2016.

FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Unverified List, found in Supplement No. 6 to Part 744 to the
EAR, contains the names and addresses of foreign persons who are or
have been parties to a transaction, as that term is described in Sec.
748.5 of the EAR, involving the export, reexport, or transfer (in-
country) of items subject to the EAR, and whose bona fides BIS has been
unable to verify through an end-use check. BIS may add persons to the

UVL when BIS or federal officials acting on BIS's behalf have been
unable to verify a foreign person's bona fides (i.e., legitimacy and
reliability relating to the end use and end user of items subject to
the EAR) because an end-use check, such as a pre-license check (PLC) or
a post-shipment verification (PSV), cannot be completed satisfactorily
for such purposes for reasons outside the U.S. Government's control.
    End-use checks cannot be completed for a number of reasons,
including reasons unrelated to the cooperation of the foreign party
subject to the end-use check. For example, BIS sometimes initiates end-
use checks and cannot find a foreign party at the address indicated on
export documents, and cannot locate the party by telephone or email.
Additionally, BIS sometimes is unable to conduct end-use checks when
host government agencies do not respond to requests to conduct end-use
checks, are prevented from scheduling such checks by a party to the
transaction other than the foreign party that is the proposed subject
of the end-use check or refuse to schedule them in a timely manner.
Under these circumstances, although BIS has an interest in informing
the public of its inability to verify the foreign party's bona fides,
there may not be sufficient information to add the foreign persons at
issue to the Entity List under Sec.  744.11 of the EAR (Criteria for
revising the Entity List). In such circumstances, BIS may add the
foreign persons to the UVL.
    Furthermore, BIS sometimes conducts end-use checks but cannot
verify the bona fides of a foreign party. For example, BIS may be
unable to verify bona fides if during the conduct of an end-use check a
recipient of items subject to the EAR is unable to produce those items
for visual inspection or provide sufficient documentation or other
evidence to confirm the disposition of those items. The inability of
foreign persons subject to end-use checks to demonstrate their bona
fides raises concerns about the suitability of such persons as
participants in future exports, reexports, or transfers (in-country) of
items subject to the EAR and indicates a risk that such items may be
diverted to prohibited end uses and/or end users. However, BIS may not
have sufficient information to establish that such persons are involved
in activities described in part 744 of the EAR, preventing the
placement of the persons on the Entity List. In such circumstances, the
foreign persons may be added to the Unverified List.
    As provided in Sec.  740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec.  744.15(b) of the EAR, there is a
requirement for exporters, reexporters, and transferors to obtain (and
keep a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports and transfers (in-country) are not subject to a
license requirement.
    Requests for removal of a UVL entry must be made in accordance with
Sec.  744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL listings will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of its bona fides.

Changes to the EAR

Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')

    This rule adds thirty-six (36) persons to the UVL by amending
Supplement No. 6 to Part 744 of the EAR to include their names and
addresses. BIS adds these persons in accordance with the criteria for
revising the UVL set forth in Sec.  744.15(c) of the EAR. The new
entries consist of one person located in Finland, twenty-five persons
located in Hong Kong, one person located in India, one person located
in Latvia, one person located in Singapore, one person located in
Switzerland, and six persons located in the United Arab Emirates. Each
listing is grouped within the UVL by country with each party's name(s)
listed in alphabetical order under the country; each entry includes
available alias(es) and address(es), as well as the Federal Register
citation and the date the person was added to the UVL. The UVL is
included in the Consolidated Screening List, available at
www.export.gov.
    This rule also adds a new address for a current UVL person in Hong
Kong: Hong Kong U.Star Electronics Technology Co., Ltd. BIS has
determined that this person changed its registered address from that
originally included in the UVL entry.

Savings Clause

    Shipments (1) removed from license exception eligibility or that
are now subject to requirements in Sec.  744.15 of the EAR as a result
of this regulatory action, (2) eligible for export, reexport, or
transfer (in-country) without a license before this regulatory action,
and (3) on dock for loading, on lighter, laden aboard an exporting
carrier, or en route aboard a carrier to a port of export, on June 21,
2016, pursuant to actual orders, may proceed to that UVL-listed person
under the previous license exception eligibility or without a license,
so long as the items have been exported from the United States,
reexported or transferred (in-country) before July 21, 2016. Any such
items not actually exported, reexported or transferred (in-country)
before midnight on July 21, 2016 are subject to the requirements in
Sec.  744.15 of the EAR in accordance with this regulation.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March
13, 2013), and as extended by the Notice of August 7, 2015 (80 FR 48233
(Aug. 11, 2015) has continued the EAR in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). BIS continues
to carry out the provisions of the Export Administration Act, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222 as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable to this
rule, which is adding 36 persons and updating the address of 1 Hong
Kong listed company on the UVL, because this regulation involves
military or foreign affairs under 5 U.S.C. 553(a)(1). BIS implements
this rule to protect U.S. national security or foreign policy interests
by requiring a license or, where no license is required, a UVL
statement for items being exported, reexported, or transferred (in

country) involving a party or parties to the transaction who are listed
on the UVL. If this rule were delayed to allow for notice and comment
and a delay in effective date, the entities being added to the UVL by
this action and the entity operating at previously unlisted addresses
would continue to be able to receive items without additional oversight
by BIS and to conduct activities contrary to the national security or
foreign policy interests of the United States. In addition, publishing
a proposed rule would give these parties notice of the U.S.
Government's intention to place them on the UVL or amend their current
entry on the UVL, and create an incentive for these persons to
accelerate receiving items subject to the EAR in furtherance of
activities contrary to the national security or foreign policy
interests of the United States, and/or take steps to set up additional
aliases, change addresses, and other measures to try to limit the
impact of the listing once a final rule was published.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule by 5 U.S.C. 553, or by any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory
flexibility analysis is required and none has been prepared.
    3. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under the following control
numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137.
    This rule slightly increases public burden in a collection of
information approved by OMB under control number 0694-0088, which
authorizes, among other things, export license applications. The
removal of license exceptions for listed persons on the Unverified List
will result in increased license applications being submitted to BIS by
exporters. Total burden hours associated with the Paperwork Reduction
Act and OMB control number 0694-0088 are expected to increase
minimally, as the suspension of license exceptions will only affect
transactions involving persons listed on the Unverified List and not
all export transactions. Because license exceptions are restricted from
use, this rule decreases public burden in a collection of information
approved by OMB under control number 0694-0137 minimally, as this will
only affect specific individual listed persons. The increased burden
under 0694-0088 is reciprocal to the decrease of burden under 0694-
0137, and results in no change of burden to the public. This rule also
increases public burden in a collection of information under OMB
control number 0694-0122, as a result of the exchange of UVL statements
between private parties, and under OMB control number 0694-0134, as a
result of appeals from persons listed on the UVL for removal of their
listing. The total increase in burden hours associated with both of
these collections is expected to be minimal, as they involve a limited
number of persons listed on the UVL.
    4. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

Part 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 7, 2015, 80 FR 48233
(August 11, 2015); Notice of September 18, 2015, 80 FR 57281
(September 22, 2015); Notice of November 12, 2015, 80 FR 70667
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January
22, 2016).

0
2. Supplement No. 6 to Part 744 is amended by:
0
a. Adding one entry for ``Finland'';
0
b. Adding 25 entries, in alphabetical order, under ``Hong Kong'';
0
c. Revising the entry for ``Hong Kong U.Star Electronics Technology
Co., Ltd'' under ``Hong Kong'';
0
d. Adding one entry for ``India'';
0
e. Adding one entry for ``Latvia'';
0
f. Adding one entry for ``Singapore'';
0
g. Adding one entry for ``Switzerland''; and
0
h. Adding 6 entries, in alphabetical order, under the ``United Arab
Emirates''.
    The additions and revisions read as follows:

SUPPLEMENT NO. 6 TO PART 744--UNVERIFIED LIST

* * * * *

------------------------------------------------------------------------
                                                       Federal Register
             Country               Listed person and   citation and date
                                        address         of publication
------------------------------------------------------------------------

                              * * * * * * *
FINLAND.........................  Sav-Inter OY Ltd.,  81 FR [INSERT
                                   Nuolitie 20,        Federal Register
                                   Vantaa, Finland;    PAGE NUMBER, 6/21/
                                   and Manttaalitie    16].
                                   5, Vantaa,
                                   Finland; and
                                   Virkatie 1,
                                   Vantaa, Finland.

                              * * * * * * *
HONG KONG.......................  Advent              81 FR [INSERT
                                   International       Federal Register
                                   Limited, Room       PAGE NUMBER, 6/21/
                                   1303 Goldfield      16].
                                   Tower, 53-59 Wuhu
                                   Street, Kung Hom,
                                   Kowloon, Hong
                                   Kong; and Flat F,
                                   13/F, Block 1,
                                   Hong Sing Garden,
                                   Tsueng Kwan O,
                                   New Territories,
                                   Hong Kong.

                              * * * * * * *
                                  Boqur               81 FR [INSERT
                                   International       Federal Register
                                   Ltd., Room 1203,    PAGE NUMBER, 6/21/
                                   12/F,               16].
                                   International
                                   Trade Centre, 11-
                                   19 Sha Tsui Road,
                                   Tsuen Wan, New
                                   Territories, Hong
                                   Kong; and Room
                                   19C, Lockhart
                                   Centre, 301-307
                                   Lockhart Road,
                                   Wan Chai, Hong
                                   Kong.

                              * * * * * * *
                                  Carry Goldstar      81 FR [INSERT
                                   Ltd., 15A, 15/F,    Federal Register
                                   Cheuk Nang Plaza,   PAGE NUMBER AND
                                   250 Hennessy        DATE OF
                                   Road, Wan Chai,     PUBLICATION].
                                   Hong Kong.
                                  Central Right       81 FR [INSERT
                                   Investments Ltd.,   Federal Register
                                   Room 1019, 10/F,    PAGE NUMBER, 6/21/
                                   1 Hung To Road,     16].
                                   Kwun Tong, Hong
                                   Kong.
                                  CITI Hong Kong      81 FR [INSERT
                                   Ltd., Unit F, 7/    Federal Register
                                   F, Haribest         PAGE NUMBER, 6/21/
                                   Industry            16].
                                   Building, 45-47
                                   Au Pui Wan
                                   Street, Fo Tan,
                                   New Territories,
                                   Hong Kong.
                                  CST Source          81 FR [INSERT
                                   Industrial Co.,     Federal Register
                                   Ltd., Rooms 5-15,   PAGE NUMBER, 6/21/
                                   13/F, South         16].
                                   Tower, World
                                   Finance Centre,
                                   Harbour City, 17
                                   Canton Road, Tsim
                                   Sha Tsui,
                                   Kowloon, Hong
                                   Kong.

                              * * * * * * *
                                  Fuiyen Technology   81 FR [INSERT
                                   Ltd., 6/F, Block    Federal Register
                                   H, East Sun         PAGE NUMBER, 6/21/
                                   Industrial          16].
                                   Centre, 16 Shing
                                   Yip Street, Kwun
                                   Tong, Kowloon,
                                   Hong Kong; and
                                   Room 1405, Lucky
                                   Centre, 165-171
                                   Wan Chai Road,
                                   Wan Chai, Hong
                                   Kong.
                                  Fussion             81 FR [INSERT
                                   Electronics Co.,    Federal Register
                                   Ltd., 11/F,         PAGE NUMBER, 6/21/
                                   International       16].
                                   Trade Centre, 11-
                                   19 Sha Tsui Road,
                                   Tsuen Wan, New
                                   Territories, Hong
                                   Kong.
                                  Global Sourcing     81 FR [INSERT
                                   Electronics (HK)    Federal Register
                                   Ltd., Unit 4, 7/    PAGE NUMBER, 6/21/
                                   F, Bright Way       16].
                                   Tower, No. 33
                                   Mong Kok Road,
                                   Mong Kok,
                                   Kowloon, Hong
                                   Kong.
                                  Globe               81 FR [INSERT
                                   Communication       Federal Register
                                   (HK) Ltd., Flat     PAGE NUMBER, 6/21/
                                   01A2, 10/F,         16].
                                   Carnival
                                   Commercial
                                   Building, 18 Java
                                   Road, North
                                   Point, Hong Kong;
                                   and Flat C, 9/F,
                                   Winning House, 72-
                                   74 Wing Lok
                                   Street, Sheung
                                   Wan, Hong Kong.

                              * * * * * * *
                                  Haofeng Industrial  81 FR [INSERT
                                   Co., Ltd., Room     Federal Register
                                   1101, 11/F, San     PAGE NUMBER, 6/21/
                                   Toi Building, 139   16].
                                   Connaught Road,
                                   Central, Hong
                                   Kong.

                              * * * * * * *
                                  Hong Kong Engy      81 FR [INSERT
                                   Technology Co.,     Federal Register
                                   a.k.a. Hong Kong    PAGE NUMBER, 6/21/
                                   Energy Technology   16].
                                   Co., a.k.a. SZ
                                   Engy Technology
                                   Co., a.k.a. SZ
                                   Energy Technology
                                   Co., Workshop 15,
                                   2/F, Cardinal
                                   Industrial
                                   Building, 17 On
                                   Lok Mun Street,
                                   Fanling, New
                                   Territories, Hong
                                   Kong.

                              * * * * * * *
                                  Hong Kong U.Star    80 FR 4781,
                                   Electronics         January 29, 2015;
                                   Technology Co.,     81 FR [INSERT
                                   Ltd., Room 28, 8/   Federal Register
                                   F, Shing Yip        PAGE NUMBER, 6/21/
                                   Industrial          16].
                                   Building, 19-21
                                   Shing Yip Street,
                                   Kwun Tong,
                                   Kowloon, Hong
                                   Kong; and Unit 5,
                                   27/F, Richmong
                                   Commercial
                                   Building, 109
                                   Argyle Street,
                                   Mong Kok,
                                   Kowloon, Hong
                                   Kong; and Room
                                   704, 7/F, Bright
                                   Way Tower, 33
                                   Mong Kok Road,
                                   Mong Kok,
                                   Kowloon, Hong
                                   Kong.

                              * * * * * * *
                                  Jin Yan Technology  81 FR [INSERT
                                   & Development       Federal Register
                                   Co., Ltd.,          PAGE NUMBER, 6/21/
                                   Workshop 11, 8/F,   16].
                                   Block A, Delya
                                   Industrial
                                   Centre, 7 Shek
                                   Pai Tau Road,
                                   Tuen Mun, New
                                   Territories, Hong
                                   Kong; and Room 1,
                                   Fook Cheung
                                   Building, 42 Ka
                                   Shin Street, Tai
                                   Kok Tsui,
                                   Kowloon, Hong
                                   Kong.
                                  KingV Ltd., a.k.a.  81 FR [INSERT
                                   Jinnway Data        Federal Register
                                   Ltd., Room 31, 9/   PAGE NUMBER, 6/21/
                                   F, Shing Yip        16].
                                   Industrial
                                   Building, 19-21
                                   Shing Yip Street,
                                   Kwun Tong,
                                   Kowloon, Hong
                                   Kong; and 11/F,
                                   Front Block, Hang
                                   Lok Building, 130
                                   Wing Lok Street,
                                   Sheung Wan, Hong
                                   Kong.

                              * * * * * * *
                                  Master-Uni          81 FR [INSERT
                                   Industry Co.,       Federal Register
                                   Ltd., Room 602, 6/  PAGE NUMBER, 6/21/
                                   F, 168 Queens       16].
                                   Road, Central,
                                   Hong Kong.

                              * * * * * * *
                                  Newplus Equipment   81 FR [INSERT
                                   Ltd., 12/F,         Federal Register
                                   Chinachem           PAGE NUMBER, 6/21/
                                   Johnston Plaza,     16].
                                   178-186 Johnston
                                   Road, Wan Chai,
                                   Hong Kong.

                              * * * * * * *
                                  Phonai Electronics  81 FR [INSERT
                                   Ltd., 51F, Core     Federal Register
                                   Building 11, New    PAGE NUMBER, 6/21/
                                   Territories, Hong   16].
                                   Kong.

                              * * * * * * *
                                  Runtop Circuits     81 FR [INSERT
                                   Technology Co.,     Federal Register
                                   Room D9, 67/F,      PAGE NUMBER, 6/21/
                                   Block 2, Camel      16].
                                   Paint Building,
                                   62 Hoi Yuen Road,
                                   Kwun Tong, Hong
                                   Kong; and Flat 8-
                                   11, 16/F, New
                                   Trend Centre, 704
                                   Prince Edward
                                   Road East, San Po
                                   Kong, Kowloon,
                                   Hong Kong.
                                  Scitech             81 FR [INSERT
                                   International       Federal Register
                                   Express Co.         PAGE NUMBER, 6/21/
                                   Limited, Workshop   16].
                                   11, 8/F, Block A,
                                   Delya Industrial
                                   Centre, 7 Shek
                                   Pai Tau Road,
                                   Tuen Mun, New
                                   Territories, Hong
                                   Kong.
                                  Selective           81 FR [INSERT
                                   Components Ltd.,    Federal Register
                                   Room 8, 10/F,       PAGE NUMBER, 6/21/
                                   International       16].
                                   Trade Centre, 11-
                                   19 Sha Tsui Road,
                                   Tsuen Wan, New
                                   Territories, Hong
                                   Kong.

                              * * * * * * *
                                  Sun Wing Ltd.,      81 FR [INSERT
                                   Room 31, 9/F,       Federal Register
                                   Shing Yip           PAGE NUMBER, 6/21/
                                   Industrial          16].
                                   Building, 19-21
                                   Shing Yip Street,
                                   Kwun Tong,
                                   Kowloon, Hong
                                   Kong.
                                  Sur-Link            81 FR [INSERT
                                   Technology (HK)     Federal Register
                                   Ltd., a.k.a. Sur-   PAGE NUMBER, 6/21/
                                   Link                16].
                                   International
                                   (HK) Ltd., a.k.a.
                                   Surlink Group,
                                   Flat 6, 20/F,
                                   Mega Trade
                                   Centre, 1-9 Mei
                                   Wan Street, Tsuen
                                   Wan, New
                                   Territories, Hong
                                   Kong.

                              * * * * * * *
                                  Toptech             81 FR [INSERT
                                   Electronics Ltd.,   Federal Register
                                   15/F, Hong Kong     PAGE NUMBER, 6/21/
                                   and Macau           16].
                                   Building, 156-157
                                   Connaught Road,
                                   Central, Hong
                                   Kong.

                              * * * * * * *
                                  Winthought Company  81 FR [INSERT
                                   Ltd., Unit E1, 3/   Federal Register
                                   F, Wing Tat         PAGE NUMBER, 6/21/
                                   Commercial          16].
                                   Building, 121-125
                                   Wing Lok Street,
                                   Sheung Wan, Hong
                                   Kong.

                              * * * * * * *
                                  Yield Best          81 FR [INSERT
                                   International, 6/   Federal Register
                                   F, Block H, East    PAGE NUMBER, 6/21/
                                   Sun Industrial      16].
                                   Centre, 16 Shing
                                   Yip Street, Kwun
                                   Tong, Kowloon,
                                   Hong Kong; and
                                   Unit J, 9/F, King
                                   Win Factory
                                   Building, 65-67
                                   King Yip Street,
                                   Kwun Tong, Hong
                                   Kong.

                              * * * * * * *
INDIA...........................  Conduit             81 FR [INSERT
                                   Technologies        Federal Register
                                   Pvt., Ltd.,         PAGE NUMBER, 6/21/
                                   Office 201, 2/F,    16].
                                   Lunkad Sky
                                   Station, Konark
                                   Naga, Mhada
                                   Colony, Viman
                                   Nagar, Pune,
                                   India; and Office
                                   UG21, East Court,
                                   Phoenix Market
                                   City, Viman
                                   Nagar, Pune,
                                   India.
LATVIA..........................  Alfa Photonics, 21  81 FR [INSERT
                                   Krisjana            Federal Register
                                   Valdemara Iela,     PAGE NUMBER, 6/21/
                                   Riga, Latvia; and   16].
                                   151-11 Krisjana
                                   Valdemara Iela,
                                   Riga, Latvia; and
                                   52-66 Darza Iela,
                                   Riga, Latvia; and
                                   Nordic Technology
                                   Park, 15/25
                                   Jurkalnes Iela,
                                   Riga, Latvia.

                              * * * * * * *
SINGAPORE.......................  Dorado Network      81 FR [INSERT
                                   Pte., Ltd., 128     Federal Register
                                   Joo Seng Road, DP   PAGE NUMBER, 6/21/
                                   Computers           16].
                                   Building 04-04,
                                   Singapore; and
                                   629 Aljunied
                                   Road, Cititech
                                   Industrial
                                   Building,
                                   Singapore; and
                                   512 Woodlands
                                   Drive 14,
                                   Singapore.
SWITZERLAND.....................  Light Range AG,     81 FR [INSERT
                                   Stutzstrasse 13C,   Federal Register
                                   Schindellegi,       PAGE NUMBER, 6/21/
                                   Switzerland; and    16].
                                   Lowenstrasse 20,
                                   Zurich,
                                   Switzerland; and
                                   Via Delle Scuole
                                   34E, Figino,
                                   Switzerland.
UNITED ARAB EMIRATES............  Abu Trade LLC, Lot  81 FR [INSERT
                                   Number 155, Al      Federal Register
                                   Zaroni Yard, Al     PAGE NUMBER, 6/21/
                                   Wasl Road, Dubai,   16].
                                   UAE.
                                  Alsima Middle East  81 FR [INSERT
                                   General Trading,    Federal Register
                                   802 Whiteswan       PAGE NUMBER, 6/21/
                                   Building, near      16].
                                   Fairmont Hotel,
                                   Sheikh Zayed
                                   Road, Dubai, UAE.

                              * * * * * * *
                                  Establishment       81 FR [INSERT
                                   Standard Lab FZE,   Federal Register
                                   a.k.a. Standard     PAGE NUMBER, 6/21/
                                   Lab FZE, Ras Al     16].
                                   Khaimah Free
                                   Trade Zone
                                   Business Park,
                                   Ras Al Khaimah,
                                   UAE; and P.O. Box
                                   17049, Ras Al
                                   Khaimah, UAE.

                              * * * * * * *
                                  Marinatec, Office   81 FR [INSERT
                                   2008, Grosvenor     Federal Register
                                   Commercial Tower,   PAGE NUMBER, 6/21/
                                   Sheikh Zayed        16].
                                   Road, Dubai, UAE;
                                   and P.O. Box
                                   42236, 17A
                                   Radisson Plaza,
                                   Deira, Dubai, UAE.
                                  Middle East         81 FR [INSERT
                                   Oilfield            Federal Register
                                   Equipment, 723      PAGE NUMBER, 6/21/
                                   Sama Tower, 6/F,    16].
                                   near Fairmont
                                   Hotel, Sheikh
                                   Zayed Road, P.O.
                                   Box 4404, Dubai,
                                   UAE; and 217 Twin
                                   Towers, Baniyas
                                   Road, P.O. Box
                                   4404, Deira,
                                   Dubai, UAE; and
                                   Flat 102,
                                   Mohammed Zainal
                                   Faraidooni
                                   Building,
                                   Salahuddin Road,
                                   Dubai, UAE.

                              * * * * * * *
                                  Tek Work General    81 FR [INSERT
                                   Trading, 1902       Federal Register
                                   Metropolis          PAGE NUMBER, 6/21/
                                   Business Tower,     16].
                                   P.O. Box 12865,
                                   Business Bay,
                                   Dubai, UAE.

                              * * * * * * *
------------------------------------------------------------------------

    Dated: June 15, 2016.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2016-14514 Filed 6-20-16; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Page 66402]
[FR Doc No: 2019-26201]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10887-030]

Notice of Meeting and Site Visit: Carthage Specialty Paperboard,
Inc

    On December 13, 2019, at 10:00 a.m. (EST), Commission staff will
participate in a site visit, followed by a joint agency meeting, at the
Carthage Paper Maker Mill Hydroelectric Project. The site visit and
meeting will be hosted by Carthage Specialty Paperboard, Inc., the
project licensee. All participants interested in attending the site
visit or joint agency meeting should meet at the project's powerhouse
located at 30 Champion Street, Carthage, New York. All participants
attending the site visit should be prepared to provide their own
transportation. Anyone with questions about the site visit or joint
agency meeting (or directions) should contact Martin Weller, Corporate
Project Engineer with Carthage Specialty Paperboard, Inc., at (304)
725-2076 ext. 4159<EMAIL_ADDRESS>or Jim Gibson with HDR,
Inc., at<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: November 27, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-26201 Filed 12-3-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]
[Page 53580-53581]
[DOCID:fr19oc09-113]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-44]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before November 3, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0891 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Annette K. Kovite, Standardization
Branch, ANM-113, 1601 Lind Avenue, SW., Renton, WA 98057,<PHONE_NUMBER>,
<EMAIL_ADDRESS>This notice is published pursuant to 14 CFR
11.85.

    Issued in Washington, DC, on October 14, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2009-0891.
    Petitioner: Airbus.
    Section of 14 CFR Affected: Sec. Sec.  25.951(c) and 25.952(a).
    Description of Relief Sought: Airbus seeks an exemption to permit
installation of improved fuel oil heat exchangers on A330 and A340
airplanes powered by Rolls Royce Trent 700 and Trent 500 engines,
respectively.

[FR Doc. E9-25060 Filed 10-16-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: April 5, 2007 (Volume 72, Number 65)]
[Notices]
[Page 16837-16838]
[DOCID:fr05ap07-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55560; File No. SR-ISE-2007-23]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to an ISE Stock Exchange Fee Waiver

March 29, 2007.
    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 March 27, 2007, the International Securities

Exchange, LLC (``ISE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been
substantially prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to amend its Schedule of Fees to extend a fee
waiver related to the ISE Stock Exchange (``ISE Stock''). The text of
the proposed rule change is available at http://www.iseoptions.com and

the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to extend a fee waiver
related to the trading of equity securities on ISE Stock, a facility of
the Exchange. The Exchange currently waives all execution fees in an
effort to promote trading on ISE Stock.\3\ The fee waiver is scheduled
to expire on April 1, 2007.\4\ In an effort to continue the promotion
of ISE Stock, the Exchange proposes to extend the waiver of all
execution fees until May 1, 2007.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 54561 (October 2,
2006), 71 FR 59844 (October 11, 2006).
    \4\ See Securities Exchange Act Release No. 55427 (March 8,
2007), 72 FR 12644 (March 16, 2007).
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) \5\ that the Exchange provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities.
---------------------------------------------------------------------------

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

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

    The Exchange believes that the proposed rule change does not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act \6\ and Rule 19b-4(f)(2)
thereunder,\7\ because it establishes or changes a due, fee, or other
charge imposed by the Exchange. Accordingly, the proposal will take
effect upon filing with the Commission.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change the Commission may summarily abrogate 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-ISE-2007-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2007-23. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. 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-ISE-2007-23 and should be submitted on or before April
26, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6371 Filed 4-4-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 19037-19040]
[FR Doc No: 2013-07184]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69217; File No. SR-NASDAQ-2013-045]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Exchange Rule 4120

March 22, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 11, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ proposes to amend Exchange Rule 4120 to establish rules to
comply with the requirements of the Plan to Address Extraordinary
Market Volatility submitted to the Commission pursuant to Rule 608 of
Regulation NMS.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, at the Commission's Public Reference Room, and
on the Commission's Web site at http://www.sec.gov.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 4120 to establish
rules to comply with the requirements of the Plan to Address
Extraordinary Market Volatility submitted to the Commission pursuant to
Rule 608 of Regulation NMS under the Act (the ``Plan''). The Exchange
proposes to adopt the changes for a pilot period that coincides with
the pilot period for the Plan, which is currently scheduled as a one-
year pilot to begin on April 8, 2013.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 68953 (Feb. 20,
2013) (Notice of Filing and Immediate Effectiveness of the Second
Amendment to the National Market System Plan to Address
Extraordinary Market Volatility, File No. 4-631).
---------------------------------------------------------------------------

Background
    Since May 6, 2010, when the markets experienced excessive
volatility in an abbreviated time period, i.e., the ``flash crash,''
the equities exchanges and FINRA have implemented market-wide measures
designed to restore investor confidence by reducing the potential for
excessive market volatility. Among the

measures adopted include pilot plans for stock-by-stock trading pauses
\4\ and related changes to the equities market clearly erroneous
execution rules \5\ and more stringent equities market maker quoting
requirements.\6\ On May 31, 2012, the Commission approved the Plan, as
amended, on a one-year pilot basis.\7\ In addition, the Commission
approved changes to the equities market-wide circuit breaker rules on a
pilot basis to coincide with the pilot period for the Plan.\8\
---------------------------------------------------------------------------

    \4\ See, e.g., NASDAQ Rule 4120.
    \5\ See, e.g., NASDAQ Rule 11890.
    \6\ See, e.g., NASDAQ Rule 4613(a).
    \7\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving,
on a Pilot Basis, the National Market System Plan To Address
Extraordinary Market Volatility).
    \8\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex-2011-73; SR-NYSEArca-2011-68; SR-Phlx-2011-129).
---------------------------------------------------------------------------

    The Plan is designed to prevent trades in individual NMS Stocks
from occurring outside of specified Price Bands.\9\ As described more
fully below, the requirements of the Plan are coupled with Trading
Pauses to accommodate more fundamental price moves (as opposed to
erroneous trades or momentary gaps in liquidity). All trading centers
in NMS Stocks, including both those operated by Participants and those
operated by members of Participants, are required to establish,
maintain, and enforce written policies and procedures that are
reasonably designed to comply with the requirements specified in the
Plan.\10\ As set forth in more detail in the Plan, Price Bands
consisting of a Lower Price Band and an Upper Price Band for each NMS
Stock are calculated by the Processors.\11\ When the National Best Bid
(Offer) is below (above) the Lower (Upper) Price Band, the Processors
shall disseminate such National Best Bid (Offer) with an appropriate
flag identifying it as non-executable. When the National Best Bid
(Offer) is equal to the Upper (Lower) Price Band, the Processors shall
distribute such National Best Bid (Offer) with an appropriate flag
identifying it as a Limit State Quotation.\12\ All trading centers in
NMS Stocks must maintain written policies and procedures that are
reasonably designed to prevent the display of offers below the Lower
Price Band and bids above the Upper Price Band for NMS Stocks.
Notwithstanding this requirement, the Processor shall display an offer
below the Lower Price Band or a bid above the Upper Price Band, but
with a flag that it is non-executable. Such bids or offers shall not be
included in the National Best Bid or National Best Offer
calculations.\13\
---------------------------------------------------------------------------

    \9\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
    \10\ The Exchange is a Participant in the Plan.
    \11\ See Section (V)(A) of the Plan.
    \12\ See Section VI(A) of the Plan.
    \13\ See Section VI(A)(3) of the Plan.
---------------------------------------------------------------------------

    Trading in an NMS Stock immediately enters a Limit State if the
National Best Offer (Bid) equals but does not cross the Lower (Upper)
Price Band.\14\ Trading for an NMS stock exits a Limit State if, within
15 seconds of entering the Limit State, all Limit State Quotations were
executed or canceled in their entirety. If the market does not exit a
Limit State within 15 seconds, then the Primary Listing Exchange would
declare a five-minute Trading Pause pursuant to Section VII of the LULD
Plan, which would be applicable to all markets trading the
security.\15\ In addition, the Plan defines a Straddle State as when
the National Best Bid (Offer) is below (above) the Lower (Upper) Price
Band and the NMS Stock is not in a Limit State. For example, assume the
Lower Price Band for an NMS Stock is $9.50 and the Upper Price Band is
$10.50, such NMS stock would be in a Straddle State if the National
Best Bid were below $9.50, and therefore non-executable, and the
National Best Offer were above $9.50 (including a National Best Offer
that could be above $10.50). If an NMS Stock is in a Straddle State and
trading in that stock deviates from normal trading characteristics, the
Primary Listing Exchange may declare a Trading Pause for that NMS
Stock.
---------------------------------------------------------------------------

    \14\ See Section VI(B)(1) of the Plan.
    \15\ The primary listing market would declare a trading pause in
an NMS Stock; upon notification by the primary listing market, the
Processor would disseminate this information to the public. No
trades in that NMS Stock could occur during the trading pause, but
all bids and offers may be displayed. See Section VII(A) of the
Plan.
---------------------------------------------------------------------------

Proposed Amendment to Rule 4120
    The Exchange is required by the Plan to establish, maintain, and
enforce written policies and procedures that are reasonably designed to
comply with the limit up-limit down and trading pause requirements
specified in the Plan. In response to the new Plan, the Exchange
proposes to amend its Rules accordingly.
    The Exchange proposes to add Rule 4120(a)(12)(A)(1) to define that
``Plan'' means the Plan to Address Extraordinary Market Volatility
Submitted to the Securities and Exchange Commission Pursuant to Rule
608 of Regulation NMS under the Securities Exchange Act of 1934,
Exhibit A to Securities Exchange Act Release No. 67091 (May 31, 2012),
77 FR 33498 (June 6, 2012). In addition, proposed Rule
4120(a)(12)(A)(2) provides that all capitalized terms not otherwise
defined in this Rule shall have the meanings set forth in the Plan or
Exchange rules, as applicable.
    The Exchange proposes to add Rule 4120(a)(12)(C) to provide that
Exchange members shall comply with the applicable provisions of the
Plan. The Exchange believes that this requirement will help ensure the
compliance by its members with the provisions of the Plan as required
pursuant to Section II(B) of the Plan.\16\
---------------------------------------------------------------------------

    \16\ See Section II(B) of the Plan.
---------------------------------------------------------------------------

    The Exchange proposes to add Rule 4120(a)(12)(D) to provide that
Exchange systems shall not display or execute buy (sell) interest above
(below) the Upper (Lower) Price Bands, unless such interest is
specifically exempted under the Plan. The Exchange believes that this
requirement is reasonably designed to help ensure the compliance with
the limit up-limit down and trading pause requirements specified in the
Plan, by preventing executions outside the Price Bands as required
pursuant to Section VI(A)(1) of the Plan.\17\
---------------------------------------------------------------------------

    \17\ See Section VI(A)(1) of the Plan.
---------------------------------------------------------------------------

    The Exchange proposes Rules regarding the treatment of certain
trading interest on the Exchange in order to prevent executions outside
the Price Bands and to comply with the new LULD Plan. In particular,
the Exchange proposes to add Rule 4120(a)(12)(E) to provide that
Exchange systems shall re-price or cancel buy (sell) interest that is
priced or could be executed above (below) the Upper (Lower) Price Band.
Any interest that is repriced pursuant to this Rule shall receive a new
time stamp and new execution priority.\18\ Specifically, the Exchange
proposes the following provisions regarding the repricing or canceling
of certain trading interest:
---------------------------------------------------------------------------

    \18\ NASDAQ believes it is appropriate for re-priced orders to
receive a new time stamp and new execution priority rather than jump
ahead of previously-entered orders. In effect, an adjustment in
price is equivalent to the entry of a new order; that function is
simply being automated.
---------------------------------------------------------------------------

     Market Orders. If a market order with a time in force
other than Immediate or Cancel cannot be fully executed at or within
the Price Bands, Exchange systems shall post the unexecuted portion of
the buy (sell) market order at the Upper (Lower) Price Band.

     Limit-priced Interest. Both displayable and non-
displayable incoming limit-priced interest to buy (sell) that is priced
above (below) the Upper (Lower) Price Band shall be repriced to the
Upper (Lower) Price Band. The treatment of limit-priced interest will
depend upon its order entry protocol. For limit-priced orders entered
via the OUCH protocol, the order shall be re-priced upon entry only if
the Price Bands are such that the price of the limit-priced interest to
buy (sell) would be above (below) the upper (lower) Price Band. Once
slid, the treatment of that interest will further depend upon whether
it becomes passive or aggressive interest. Specifically, if the order
becomes passively priced such that the Price Bands move and the price
of the order to buy (sell) would be below (below) the lower (upper)
Price Band, the order will not be re-priced again. Rather, the order
will either remain on the book at the same price or be cancelled back
to the entering party, depending on how the entering party has
configured its order entry port. If the interest becomes aggressively
priced such that the Price Bands move and the price of the order to buy
(sell) would be above (below) the upper (lower) Price Band, the order
will not be re-priced again. Rather, the order will be cancelled.
     For limit-priced orders entered via RASH or FIX protocols,
the order shall priced upon order entry and then shall be eligible to
be repriced by the system multiple times if the Price Bands move such
that the price of resting limit-priced interest to buy (sell) would be
above (below) the upper (lower) Price Band. Once slid, if the Price
Bands move such that the price of resting limit interest to buy (sell)
would be below (above) the upper (lower) Price Band the order will
continue to be repriced either to its original limit price or to the
new price bands, whichever is less aggressive.\19\
---------------------------------------------------------------------------

    \19\ The NASDAQ system will treat limit-priced orders
differently depending upon whether the entering firm uses the OUCH
protocol on one hand or the RASH or FIX protocols on the other. This
different treatment stems from the ultimate destination for orders
entered via those protocols. Orders entered via OUCH are destined
for direct entry to the NASDAQ matching engine. As such, they are
not eligible for special treatments or calculations, including re-
pricing. Orders entered via RASH (short for ``routing and special
handling'') and FIX are destined for the indirect entry into the
matching engine. They are eligible for special treatments and
calculations, including re-pricing. This difference in the protocols
is longstanding and well-known to NASDAQ members.
---------------------------------------------------------------------------

     IOC Orders. If an IOC order cannot be fully executed at or
within the Price Bands, Exchange systems shall cancel any unexecuted
portion of the IOC Order.
     Routable Orders. With the exception of Directed Orders,
and orders submitted using either the DOTI or DOTZ routing strategy,
the Exchange systems shall not route buy (sell) interest to an away
market displaying a sell (buy) quote that is above (below) the Upper
(Lower) Price Band. Orders that are eligible to be routed to away
destinations will be price slid before routing if the buy (sell) is
priced above (below) the Upper (Lower) Price Band.
     Auction Orders. On close or halt auction orders are not
price slid or cancelled due to LULD price bands.
     Sell Short Orders. During a Short Sale Price Test, as
defined in Rule 4763(b), Short Sale Orders priced below the Lower Price
Band shall be repriced to the higher of the Lower Price Band or the
Permitted Price, as defined in Rule 4763(b).
    The Exchange believes these provisions are reasonably designed to
prevent executions outside the Price Bands as required by the limit up-
limit down and trading pause requirements specified in the Plan.
    The Exchanges also proposes to amend the Rules regarding Trading
Pauses to correspond with the LULD Plan. The Exchange proposes to
provide that during Phase 1 of the Plan, a Trading Pause in Tier 1 NMS
Stocks shall be subject to the requirements of the Plan and Exchange
Rule 4753 and a Trading Pause in Tier 2 NMS Stocks shall be subject to
the requirements set forth in Exchange 4120(a)(11). Once the Plan has
been fully implemented and all NMS Stocks are subject to the Plan, a
Trading Pause under the Plan shall be subject to Exchange Rule
4120(a)(12). Consistent with these changes, the Exchange proposes to
delete the threshold requirement of 10% or more with respect to
securities included in the S&P 500[supreg] Index and the Russell
1000[supreg] Index, because these Tier 1 NMS Stocks will be subject to
the requirements under Exchange Rule 4120(a)(11). These proposed
changes are designed to comply with Section VIII of the Plan to ensure
implementation of the Plan's requirements.\20\
---------------------------------------------------------------------------

    \20\ See Section VIII of the Plan.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \21\ in general, and furthers the objectives of
Section 6(b)(5),\22\ in particular, in that it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal will ensure that the Exchange systems will not display
or execute trading interest outside the Price Bands in a manner that
promotes just and equitable principles of trade and removes impediments
to, and perfects the mechanism of, a free and open market and a
national market system.
    The proposal will also ensure that the trading interest on the
Exchange is either repriced or canceled in a manner that is consistent
with just and equitable principles of trade and removes impediments to,
and perfects the mechanism of, a free and open market and a national
market system. Specifically, when trading interest is re-priced to
comply with the requirements of the Plan, that trading interest will
receive a new timestamp and new execution priority. Re-pricing is the
automated equivalent of the entry of a new order which would, if done
manually, result in a new timestamp and placement in the execution
queue. The proposal will help market participants to continue to trade
NMS Stocks within Price Bands in compliance with the Plan with
certainty on how orders and trading interest will be treated. Reducing
uncertainty regarding the treatment and priority of trading interest
with the Price Bands should help encourage market participants to
continue to provide liquidity during extraordinary market volatility.
    The proposal will also ensure that orders in NMS Stocks are not
routed to other exchanges in situations where an execution may occur
outside Price Bands, and thus promotes just and equitable principles of
trade and removes impediments to, and perfects the mechanism of, a free
and open market and a national market system.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, the
proposal is specifically designed to ensure cooperation between and
among all national securities exchanges and FINRA to promote uniform
and effective regulation of the national market system. The proposal is
specifically aimed at reducing competition among exchanges that is
based on differences in regulations,

otherwise known as regulatory arbitrage. In actuality, the proposal is
pro-competitive because it promotes fair and orderly markets and
investor protection, which in turn will restore investor confidence and
attract more investors into U.S. equities markets.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \23\ and Rule 19b-4(f)(6) thereunder.\24\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \24\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \25\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\26\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to designate an operative date of April 8, 2013. The
Commission believes that waiving the operative delay and designating
April 8, 2013 as the operative date of the proposed rule change is
consistent with the protection of investors and the public interest
because such waiver would allow the proposed rule change to be
operative on the initial date of Plan operations. Accordingly, the
Commission hereby grants the Exchange's request and designates an
operative date of April 8, 2013.\27\
---------------------------------------------------------------------------

    \25\ 17 CFR 240.19b-4(f)(6).
    \26\ 17 CFR 240.19b-4(f)(6)(iii).
    \27\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-045 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-NASDAQ-2013-045. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NASDAQ-2013-045 and should
be submitted on or before April 18, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority. \28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-07184 Filed 3-27-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18314-18315]
[DOCID:fr11ap06-84]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EC06-41-000, et al.]

Aragonne Wind, LLC, et al.; Electric Rate and Corporate Filings

April 4, 2006.
    The following filings have been made with the Commission. The
filings are listed in ascending order within each docket
classification.

1. Aragonne Wind LLC

[Docket No. EG06-41-000]

    Take notice that on March 29, 2006, Aragonne Wind LLC filed with
the Commission a Notice of Self Certification of Exempt Wholesale
Generator Status pursuant to section 366.7 of the Commission's
regulations.
    Comment Date: 5 p.m. Eastern Time on April 19, 2006.

2. Central Hudson Gas & Electric Corporation

[Docket No. EC06-104-000]

    Take notice that on March 30, 2006, Central Hudson Gas & Electric
Corporation filed an application for authorization, pursuant to section
203 of the Federal Power Act, to transfer jurisdictional facilities,
Neversink Hydroelectric Generating Plant, to New York City pursuant to
an Agreement of Conveyance dated February 28, 2006.
    Comment Date: 5 p.m. Eastern Time on April 21, 2006.

3. Cadillac Renewable Energy LLC

[Docket No. ER98-4515-006]

    Take notice that on January 26, 2006, Cadillac Renewable Energy LLC
filed tendered for filing a letter notifying the Commission of a change
in status regarding its upstream ownership.
    Comment Date: 5 p.m. Eastern Time on April 14, 2006.

4. Monongahela Power Company, the Potomac Edison Company, West Penn
Power Company, and Allegheny Generating Company

[Docket Nos. ES06-30-000; EC06-103-000]

    Take notice that on March 28, 2006, Monongahela Power Company (Mon
Power), The Potomac Edison Company (PE), West Penn Power Company (West
Penn), and Allegheny Generating Company (ACG) filed a joint application
under section 204 of the Federal Power Act for a disclaimer of
jurisdiction under section 204(f) or, in the alternative, authorization
under section 204(a) to issue short term debt in connection with the
Allegheny Energy Money Pool and under section 203 of the Federal Power
Act for authorization to participate in the Allegheny Energy Money Pool
with affiliated public utilities.
    Comment Date: 5 p.m. Eastern Time on April 18, 2006.

Standard Paragraph

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission,

888 First Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5300 Filed 4-10-06; 8:45 am]

BILLING CODE 6717-01-P