[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75865-75867]
[FR Doc No: 2016-26299]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79159; File No. TP 16-14]

Order Granting Limited Exemptions From Exchange Act Rule 10b-17
and Rules 101 and 102 of Regulation M to Premise Capital Frontier
Advantage Diversified Tactical ETF Pursuant to Exchange Act Rule 10b-
17(b)(2) and Rules 101(d) and 102(e) of Regulation M

October 26, 2016.
    By letter dated October 26, 2016 (the ``Letter''), as supplemented
by conversations with the staff of the Division of Trading and Markets,
counsel for ETF Series Solutions (the ``Trust''), on behalf of the
Trust, Premise Capital Frontier Advantage Diversified Tactical ETF (the
``Fund''), any national securities exchange on or through which shares
of the Fund (``Shares'') are listed and may subsequently trade, Quasar
Distributors, LLC (the ``Distributor''), and persons engaging in
transactions in Shares (collectively, the ``Requestors''), requested
exemptions, or interpretive or no-action relief, from Rule 10b-17 of
the Securities Exchange Act of 1934, as amended (``Exchange Act''), and
Rules 101 and 102 of Regulation M, in connection with secondary market
transactions in Shares and the creation or redemption of aggregations
of Shares of 50,000 shares (``Creation Units'').
    The Trust is registered with the Securities and Exchange Commission
(``Commission'') under the Investment Company Act of 1940, as amended
(``1940 Act''), as an open-end management investment company. The Fund
seeks to track the performance of an underlying index, the Premise
Capital Frontier Advantage Diversified Tactical Index (the ``Underlying
Index''). The Underlying Index seeks to provide exposure to major U.S.
and non-U.S. equity and fixed income asset classes.
    The Fund will seek to track the performance of its Underlying Index
by normally investing at least 80% of its total assets in the ETFs that
comprise the Underlying Index.\1\ Except for the fact that the Fund
will operate as an ETF of ETFs, the Fund will operate in a manner
identical to the underlying ETFs.
---------------------------------------------------------------------------

    \1\ The remaining 20% of the Fund's total assets may be invested
in securities (including other underlying funds) not included in the
Underlying Index and in cash, money market instruments, or funds
that invest exclusively in money market instruments, subject to
applicable limitations under the 1940 Act.
---------------------------------------------------------------------------

    The Requestors represent, among other things, the following:
     Shares of the Fund will be issued by the Trust, an open-
end management investment company that is registered with the
Commission;
     Creation Units will be continuously redeemable at the net
asset value (``NAV'') next determined after receipt of a request for
redemption by the Fund, and the secondary market price of the Shares
should not vary substantially from the NAV of such Shares;
     Shares of the Fund will be listed and traded on BATS
Exchange, Inc., or another exchange in accordance with exchange listing
standards that are, or will become, effective pursuant to Section 19(b)
of the Exchange Act (the ``Listing Exchange''); \2\
---------------------------------------------------------------------------

    \2\ Further, Requestors represent in the Letter that should the
Shares also trade on a market pursuant to unlisted trading
privileges, such trading will be conducted pursuant to self-
regulatory organization rules that are, or will become, effective
pursuant to Section 19(b) of the Exchange Act.
---------------------------------------------------------------------------

     All ETFs in which the Fund is invested will meet all
conditions set forth in one or more class relief letters, will have
received individual relief from the Commission, will be able to rely
upon individual relief even though they are not named parties, or will
be able to

rely on applicable class relief for actively-managed ETFs;
     At least 70% of the Fund is comprised of component
securities that will meet the minimum public float and minimum average
daily trading volume thresholds under the ``actively-traded
securities'' definition found in Regulation M for excepted securities
during each of the previous two months of trading prior to formation of
the Fund;
     The Fund seeks to track the performance of the Underlying
Index, all of the components of which will have publicly available last
sale trade information;
     The intraday proxy value of the Fund per share and the
value of the Index will be publicly disseminated by a major market data
vendor throughout the trading day;
     On each business day before the opening of business on the
Listing Exchange, the Fund will cause to be published through the
National Securities Clearing Corporation the list of the names and the
quantities of securities and other assets of the Fund's portfolio that
will be applicable that day to creation and redemption requests;
     The Listing Exchange will disseminate continuously every
15 seconds throughout the trading day, through the facilities of the
Consolidated Tape Association, the market value of a Share;
     The Listing Exchange, market data vendors, or other
information providers will disseminate, every 15 seconds throughout the
trading day, a calculation of the intraday indicative value of a Share;
     The Fund will invest in securities that will facilitate an
effective and efficient arbitrage mechanism and the ability to create
workable hedges;
     The arbitrage mechanism will be facilitated by the
transparency of the Fund's portfolio and the availability of the
intraday indicative value, the liquidity of securities held by the
Fund, the ability to acquire such securities, as well as arbitrageurs'
ability to create workable hedges;
     The Fund will invest solely in liquid securities;
     The Trust believes that arbitrageurs are expected to take
advantage of price variations between the Fund's market price and its
NAV; and
     A close alignment between the market price of Shares and
the Fund's NAV is expected.

Regulation M

    While redeemable securities issued by an open-end management
investment company are excepted from the provisions of Rules 101 and
102 of Regulation M, the Requestors may not rely upon those exceptions
for the Shares.\3\ However, we find that it is appropriate in the
public interest and is consistent with the protection of investors to
grant a conditional exemption from Rules 101 and 102 to persons who may
be deemed to be participating in a distribution of Shares of the Fund
as described in more detail below.
---------------------------------------------------------------------------

    \3\ While ETFs operate under exemptions from the definitions of
``open-end company'' under Section 5(a)(1) of the 1940 Act and
``redeemable security'' under Section 2(a)(32) of the 1940 Act, the
Fund and its securities do not meet those definitions.
---------------------------------------------------------------------------

Rule 101 of Regulation M

    Generally, Rule 101 of Regulation M is an anti-manipulation rule
that, subject to certain exceptions, prohibits any ``distribution
participant'' and its ``affiliated purchasers'' from bidding for,
purchasing, or attempting to induce any person to bid for or purchase
any security that is the subject of a distribution until after the
applicable restricted period, except as specifically permitted in the
Rule. Rule 100 of Regulation M defines ``distribution'' to mean any
offering of securities that is distinguished from ordinary trading
transactions by the magnitude of the offering and the presence of
special selling efforts and selling methods. The provisions of Rule 101
of Regulation M apply to underwriters, prospective underwriters,
brokers, dealers, or other persons who have agreed to participate or
are participating in a distribution of securities. The Shares are in a
continuous distribution, and, as such, the restricted period in which
distribution participants and their affiliated purchasers are
prohibited from bidding for, purchasing, or attempting to induce others
to bid for or purchase extends indefinitely.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company, that Creation Unit size aggregations of the Shares
of the Fund will be continuously redeemable at the NAV next determined
after receipt of a request for redemption by the Fund, and that a close
alignment between the market price of Shares and the Fund's NAV is
expected, the Commission finds that it is appropriate in the public
interest and consistent with the protection of investors to grant the
Trust an exemption under paragraph (d) of Rule 101 of Regulation M with
respect to the Fund, thus permitting persons participating in a
distribution of Shares of the Fund to bid for or purchase such Shares
during their participation in such distribution.\4\
---------------------------------------------------------------------------

    \4\ Additionally, we confirm the interpretation that a
redemption of Creation Unit size aggregations of Shares of the Fund
and the receipt of securities in exchange by a participant in a
distribution of Shares of the Fund would not constitute an ``attempt
to induce any person to bid for or purchase, a covered security
during the applicable restricted period'' within the meaning of Rule
101 of Regulation M and therefore would not violate that rule.
---------------------------------------------------------------------------

Rule 102 of Regulation M

    Rule 102 of Regulation M prohibits issuers, selling security
holders, and any affiliated purchaser of such person from bidding for,
purchasing, or attempting to induce any person to bid for or purchase a
covered security during the applicable restricted period in connection
with a distribution of securities effected by or on behalf of an issuer
or selling security holder.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company, that Creation Unit size aggregations of the Shares
of the Fund will be continuously redeemable at the NAV next determined
after receipt of a request for redemption by the Fund, and that a close
alignment between the market price of Shares and the Fund's NAV is
expected, the Commission finds that it is appropriate in the public
interest and consistent with the protection of investors to grant the
Trust an exemption under paragraph (e) of Rule 102 of Regulation M with
respect to the Fund, thus permitting the Fund to redeem Shares of the
Fund during the continuous offering of such Shares.

Rule 10b-17

    Rule 10b-17, with certain exceptions, requires an issuer of a class
of publicly traded securities to give notice of certain specified
actions (for example, a dividend distribution) relating to such class
of securities in accordance with Rule 10b-17(b). Based on the
representations and facts in the Letter, and subject to the conditions
below, the Commission finds that it is appropriate in the public
interest and consistent with the protection of investors to grant the
Trust a conditional exemption from Rule 10b-17 because market
participants will receive timely notification of the existence and
timing of a pending distribution, and thus the concerns that the
Commission raised in adopting Rule 10b-17 will not be implicated.\5\
---------------------------------------------------------------------------

    \5\ We also note that timely compliance with Rule 10b-
17(b)(1)(v)(a) and (b) would be impractical in light of the nature
of the Fund. This is because it is not possible for the Fund to
accurately project ten days in advance what dividend, if any, would
be paid on a particular record date. Further, the Commission finds,
based upon the representations of the Requestors in the Letter, that
the provision of the notices as described in the Letter and subject
to the conditions of this Order would not constitute a manipulative
or deceptive device or contrivance comprehended within the purpose
of Rule 10b-17.

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

Conclusion

    It is hereby ordered, pursuant to Rule 101(d) of Regulation M, that
the Trust, based on the representations and facts presented in the
Letter, is exempt from the requirements of Rule 101 with respect to the
Fund, thus permitting persons who may be deemed to be participating in
a distribution of Shares of the Fund to bid for or purchase such Shares
during their participation in such distribution.
    It is further ordered, pursuant to Rule 102(e) of Regulation M,
that the Trust, based on the representations and the facts presented in
the Letter, is exempt from the requirements of Rule 102 with respect to
the Fund, thus permitting the Fund to redeem Shares of the Fund during
the continuous offering of such Shares.
    It is further ordered, pursuant to Rule 10b-17(b)(2), that the
Trust, based on the representations and the facts presented in the
Letter and subject to the conditions below, is exempt from the
requirements of Rule 10b-17 with respect to transactions in the shares
of the Fund.
    This exemptive relief is subject to the following conditions:
     The Trust will comply with Rule 10b-17, except for Rule
10b-17(b)(1)(v)(a) and (b); and
     The Trust will provide the information required by Rule
10b-17(b)(1)(v)(a) and (b) to the Listing Exchange as soon as
practicable before trading begins on the ex-dividend date, but in no
event later than the time when the Listing Exchange last accepts
information relating to distributions on the day before the ex-dividend
date.
    This exemptive relief is subject to modification or revocation at
any time the Commission determines that such action is necessary or
appropriate in furtherance of the purposes of the Exchange Act. This
exemption is based on the facts presented and the representations made
in the Letter. Any different facts or representations may require a
different response. Persons relying upon this exemptive relief shall
discontinue transactions involving the Shares of the Fund, pending
presentation of the facts for the Commission's consideration, in the
event that any material change occurs with respect to any of the facts
or representations made by the Requestors, and, as is the case with all
preceding letters, particularly with respect to the close alignment
between the market price of Shares and the Fund's NAV. In addition,
persons relying on this exemption are directed to the anti-fraud and
anti-manipulation provisions of the Exchange Act, particularly Sections
9(a), 10(b), and Rule 10b-5 thereunder.
    Responsibility for compliance with these and any other applicable
provisions of the federal securities laws must rest with the persons
relying on this exemption. This Order should not be considered a view
with respect to any other question that the proposed transactions may
raise, including, but not limited to, the adequacy of the disclosure
concerning, and the applicability of other federal or state laws to,
the proposed transactions.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(6) and (9).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-26299 Filed 10-31-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Page 62086]
[FR Doc No: 2011-25864]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4026-DR; Docket ID FEMA-2011-0001]

New Hampshire; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Hampshire (FEMA-4026-DR), dated September
3, 2011, and related determinations.

DATES: Effective Date: September 3, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 3, 2011, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of New Hampshire resulting from Tropical Storm Irene beginning on
August 26, 2011, and continuing, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of New Hampshire.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. Direct
Federal assistance is authorized. Consistent with the requirement
that Federal assistance is supplemental, any Federal funds provided
under the Stafford Act for Public Assistance and Hazard Mitigation
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Albert Lewis, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of New Hampshire have been
designated as adversely affected by this major disaster:

    Carroll, Coos, Grafton, and Merrimack Counties for Public
Assistance. Direct Federal assistance is authorized.

    All counties within the State of New Hampshire are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25864 Filed 10-5-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Page 58848]
[FR Doc No: 2014-23151]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-75]

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 and must be received on or before October 20, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0642 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: Jake Troutman,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC, 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on September 24, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0642.
    Petitioner: Aeryon Labs Inc.
    Section of 14 CFR: parts 21 Subpart H, 45.23, 61.113(a) and (b),
61.133(a), 91.7(a), 91.9(b)(2) and (c), 91.103, 91.109(a), 91.119,
91.151(a), 91.203(a) and (b), 91.319(a)(1), 91.405(a), 91.407(a)(1),
91.409(a)(2), and 91.417(a).
    Description of Relief Sought: The petitioner is seeking an
exemption to commercially operate their Aeryon SkyRanger which weighs 6
lbs. with imaging payload, to perform market research, aerial surveys,
mapping, and inspections that consist of still photographs, video, and
other data taken by onboard sensors.
[FR Doc. 2014-23151 Filed 9-29-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Page 1152]
[FR Doc No: 2011-36]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-25-003]

Crosstex North Texas Pipeline, L.P.; Notice of Motion for
Extension of Rate Case Filing Deadline

December 30, 2010.
    Take notice that on December 27, 2010, Crosstex North Texas
Pipeline, L.P. (Crosstex North Texas) filed a request for an extension
consistent with the Commission's revised policy of periodic review from
a triennial to a five year period. The Commission in Order No. 735
modified its policy concerning periodic reviews of rates charges by
section 311 and Hinshaw pipelines to extend the cycle for such reviews
from three to five years.\1\
---------------------------------------------------------------------------

    \1\ Contract Reporting Requirements of Intrastate Natural Gas
Companies, Order No. 735, 131 FERC ]61,150 (May 20, 2010).
---------------------------------------------------------------------------

    Therefore, Crosstex North Texas requests that the date for its next
rate filing be extended to April 17, 2014, which is five years from the
date of Crosstex North Texas' most recent rate filing with this
Commission.
    Any person desiring to participate in this rate proceeding must
file a motion 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 and 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 date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not 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 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Monday, January 10, 2011.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-36 Filed 1-6-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 203 (Monday, October 21, 2013)]
[Notices]
[Pages 62361-62362]
[FR Doc No: 2013-24513]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2558-029]

 Green Mountain Power Corporation; Vermont; Otter Creek
Hydroelectric Project; Notice of Proposed Restricted Service List for a
Programmatic Agreement for Managing Properties Included in or Eligible
for Inclusion in the National Register of Historic Places

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure \1\ provides that, to
eliminate unnecessary expense or improve administrative efficiency, the
Secretary may establish a restricted service list for a particular
phase or issue in a proceeding. The restricted service list should
contain the names of persons on the service list who, in the judgment
of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2010.
---------------------------------------------------------------------------

    The Commission staff is consulting with the Vermont State Historic
Preservation Office (Vermont SHPO) and the Advisory Council on Historic
Preservation (Advisory Council) pursuant to the Advisory Council's
regulations, 36 CFR part 800, implementing section 106 of the National
Historic Preservation Act, as amended, (16 U.S.C. 470f), to prepare a
Programmatic Agreement for managing properties included in, or eligible
for inclusion in, the National Register of Historic Places that could
be affected by issuance of a new license for the Otter Creek
Hydroelectric Project No. 2558.
    The programmatic agreement, when executed by the Commission and the
Vermont SHPO, would satisfy the Commission's section 106
responsibilities for all individual undertakings carried out in
accordance with the license until the license expires or is terminated
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to
section 106 for the project would be fulfilled through the Programmatic

Agreement, which the Commission staff proposes to draft in consultation
with certain parties listed below. The executed Programmatic Agreement
would be incorporated into any Order issuing a license.
    Green Mountain Power Corporation, as applicant for the Otter Creek
Hydroelectric Project, has expressed an interest in this proceeding and
is invited to participate in consultations to develop the Programmatic
Agreement. For purposes of commenting on the programmatic agreement, we
propose to restrict the service list for Project No. 2558 as follows:

John Eddins or Representative, Advisory Council on Historic
Preservation, The Old Post Office Building, Suite 803, 1100
Pennsylvania Avenue NW., Washington, DC 20004.
Giovanna Peebles or Representative, State of Vermont, Division for
Historic Preservation, One National Life Drive, Floor 6, Montpelier, VT
05620-0501.
Michael Scarzello or Representative, Green Mountain Power Corporation,
77 Grove St., Rutland, VT 05701.

    Any person on the official service list for the above-captioned
proceeding may request inclusion on the restricted service list, or may
request that a restricted service list not be established, by filing a
motion to that effect within 15 days of this notice date. In a request
for inclusion, please identify the reason(s) why there is an interest
to be included. Also please identify any concerns about historic
properties, including Traditional Cultural Properties. If historic
properties are to be identified within the motion, please use a
separate page, and label it NON-PUBLIC Information.
    The Commission strongly encourages electronic filing. Please file
motions using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-2558-029.
    If no such motions are filed, the restricted service list will be
effective at the end of the 15 day period. Otherwise, a further notice
will be issued ruling on any motion or motions within the 15-day
period.

    Dated: October 11, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-24513 Filed 10-18-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 17, 2008 (Volume 73, Number 75)]
[Notices]
[Page 21003-21007]
[DOCID:fr17ap08-110]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57654; File No. SR-NASDAQ-2008-028]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change to Trade Options on the Full and Reduced Values of the
Nasdaq 100 Index

April 11, 2008.
    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 28, 2008, 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 substantially prepared by the Exchange.
This order provides notice of the proposed rule change and approves it
on an accelerated basis.
---------------------------------------------------------------------------

    \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 trade options on the full and reduced values of
the Nasdaq 100 Index (``Index''). Nasdaq also proposes to list and
trade long-term options on full and reduced values of the Index.
Options on the Index will be cash-settled and have European-style
exercise provisions. The text of the proposed rule change is available
on Nasdaq's Web site (http://www.nasdaq.complinet.com), at Nasdaq's
principal office, 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, Nasdaq 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 III below. Nasdaq 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
    Nasdaq proposes to list and trade cash-settled, European-style,
index options on the full and reduced values of the Nasdaq 100 Index, a
stock index calculated and maintained by Nasdaq.\3\ Specifically, the
Exchange proposes to list options based upon the full value of the
Nasdaq 100 Index (``Full-size Nasdaq 100 Index'' or ``NDX'') as well as
one-tenth of the value of the Nasdaq 100 Index (``Mini Nasdaq 100
Index'' or ``MNX''). The options on NDX and MNX listed on NASDAQ will
be identical to those already listed on multiple exchanges.
---------------------------------------------------------------------------

    \3\ A description of the Index is available on Nasdaq's Web site
at http://dynamic.nasdaq.com/dynamic/nasdaq100_activity.stm.
---------------------------------------------------------------------------

    Nasdaq is filing the proposed rule change because options on the
Nasdaq 100 Index will not otherwise qualify for listing on the NASDAQ
Option Market (``NOM'') due to the component weightings of the Nasdaq
100 Index. Specifically, Chapter XIV, section 3(b)(8) of the NOM rules
currently requires that no component of a broad-based index account for
more than ten percent of the weight of the index.\4\ Therefore, like
the six other options exchanges that currently trade options on the
Nasdaq 100 Index, Nasdaq is seeking approval to list and trade Nasdaq
100 Index options under the conditions and according to the standards
set forth below.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 57478 (March 12,
2008); 73 FR 14521 (March 18, 2008).
---------------------------------------------------------------------------

Index Design and Composition

    The Nasdaq 100 Index, launched in January 1985, represents the
largest non-financial domestic and international issues listed on
Nasdaq based on market capitalization. The Index reflects companies
across major industry groups, including computer hardware and software,
telecommunications, retail/wholesale trade, and biotechnology.
    The Index is calculated using a modified capitalization-weighted
methodology. The value of the Index equals the aggregate value of the
Index share weights of each of the component securities multiplied by
each security's respective official closing price on Nasdaq, divided by
the Divisor. The Divisor serves the purpose of scaling such aggregate
value (otherwise in the trillions) to a lower order of magnitude which
is more desirable for Index reporting purposes. If trading in an Index
security is halted while the market is open, the last Nasdaq traded
price for that security is used for all index computations until
trading resumes. If trading is halted before the market is open, the
previous day's official closing price is used. Additionally, the Index
ordinarily is calculated without regard to dividends on component
securities. The modified capitalization-weighted methodology is
expected to retain, in general, the economic attributes of
capitalization weighting, while providing enhanced diversification. To
accomplish this, Nasdaq reviews the composition of the Index quarterly
and adjusts the weighting of Index components using a proprietary
algorithm, if certain pre-established weight distribution requirements
are not met.
    Nasdaq has certain eligibility requirements for inclusion in the
Index.\5\ For example, to be eligible for inclusion in the Index, a
component security must be exclusively listed on the Nasdaq Global
Select or Nasdaq

Global Market, or dually listed on a national securities exchange prior
to January 1, 2004.\6\ Only one class of security per issuer is
considered for inclusion in the Index.
---------------------------------------------------------------------------

    \5\ The initial eligibility criteria and continued eligibility
criteria are available on Nasdaq's Web site at http://
dynamic.nasdaq.com/dynamic/nasdaq100--activity.stm.
    \6\ In the case of spin-offs, the operating history of the spin-
off will be considered. Additionally, if a component security will
otherwise qualify to be in the top 25% of securities included in the
Index by market capitalization for the six prior consecutive months,
it will be eligible if it had been listed for one year.
---------------------------------------------------------------------------

    Additionally, the issuer of a component security cannot be a
financial or investment company and cannot currently be involved in
bankruptcy proceedings. Criteria for inclusion also require the average
daily trading volume of a component security to be at least 200,000
shares on Nasdaq. If a component security is of a foreign issuer, based
on its country of incorporation, it must have listed options or be
eligible for listed-options trading. In addition, the issuer of a
component security must not have entered into any definitive agreement
or other arrangement which will likely result in the security no longer
being Index eligible. An issuer of a component security also must not
have annual financial statements with an audit opinion that is
currently withdrawn.
    As of December 31, 2007, the following were characteristics of the
Index:
     The total capitalization of all components of the Index
was $2.35 trillion;
     Regarding component capitalization, (a) the highest
capitalization of a component was $333.05 billion (Microsoft Corp.),
(b) the lowest capitalization of a component was $2.872 billion
(Tellabs, Inc.), (c) the mean capitalization of the components was
$23.53 billion, and (d) the median capitalization of the components was
$8.71 billion;
     Regarding component price per share, (a) the highest price
per share of a component was $691.48 (Google Inc.), (b) the lowest
price per share of a component was $3.03 (Sirius Satellite Radio Inc.),
(c) the mean price per share of the components was $55.05, and (d) the
median price per share of the components was $35.10;
     Regarding component weightings, (a) the highest weighting
of a component was 13.75% (Apple Inc.), (b) the lowest weighting of a
component was 0.09% (Tellabs, Inc.), (c) the mean weighting of the
components was 1.00%, (d) the median weighting of the components was
0.53%, and (e) the total weighting of the top five highest weighted
components was 33.93% (Apple Inc., Microsoft Corporation, Google Inc.,
QUALCOMM Incorporated, and Research in Motion Limited.);
     Regarding component available shares, (a) the most
available shares of a component was 8.11 billion shares (Microsoft
Corp.), (b) the least available shares of a component was 22.68 million
shares (Baidu.com, Inc.), (c) the mean available shares of the
components was 577.60 million shares, and (d) the median available
shares of the components was 211.69 million shares;
     Regarding the six-month average daily volumes of the
components, (a) the highest six-month average daily volume of a
component was 65.63 million shares (Microsoft Corp.), (b) the lowest
six-month average daily volume of a component was 553,240 shares (Henry
Schein, Inc.), (c) the mean six-month average daily volume of the
components was 9.10 million shares, (d) the median six-month average
daily volume of the components was 3.37 million shares, (e) the average
of six-month average daily volumes of the five most heavily traded
components was 285.37 million shares (Microsoft Corp., Intel Corp., Sun
Microsystems, Inc., Cisco Systems, Inc., and Level 3 Communications,
Inc.), and (f) 100% of the components had a six-month average daily
volume of at least 50,000; and
     Regarding option eligibility, (a) 99.3% of the components
were options eligible, as measured by weighting, and (b) 96.0% of the
components were options eligible, as measured by number.

Index Calculation and Index Maintenance

    In recent years, the value of the Full-size Nasdaq 100 Index has
increased significantly, such that the value of the Index stood at
2084.93, as of December 31, 2007. As a result, the premium for the
Full-size Nasdaq 100 Index options also has increased. The Exchange
believes that this has caused Full-size Nasdaq 100 Index options to
trade at a level that may be uncomfortably high for retail investors.
The Exchange believes that listing options on reduced values will
attract a greater source of customer business than if the options were
based only on the full value of the Index. The Exchange further
believes that listing options on reduced values will provide an
opportunity for investors to hedge, or speculate on, the market risk
associated with the stocks comprising the Index. Additionally, by
reducing the values of the Index, investors will be able to use this
trading vehicle while extending a smaller outlay of capital. The
Exchange believes that this should attract additional investors and, in
turn, create a more active and liquid trading environment.\7\
---------------------------------------------------------------------------

    \7\ Options trading on MNX have generated considerable interest
from investors, as measured by its robust trading volume on multiple
exchanges.
---------------------------------------------------------------------------

    The Full-size Nasdaq 100 Index and the Mini Nasdaq 100 Index levels
are calculated continuously, using the last sale price for each
component stock in the Index, and are disseminated every 15 seconds
throughout the trading day.\8\ The Full-size Nasdaq-100 Index level
equals the current market value of component stocks multiplied by 125
and then divided by the stocks' market value of the adjusted base
period. The adjusted base period market value is determined by
multiplying the current market value after adjustments times the
previous base period market value and then dividing that result by the
current market value before adjustments. To calculate the value of the
Mini Nasdaq 100 Index, the full value of the Index is divided by ten.
To maintain continuity for the Index's value, the divisor is adjusted
periodically to reflect events such as changes in the number of common
shares outstanding for component stocks, company additions or
deletions, corporate restructurings, or other capitalization changes.
---------------------------------------------------------------------------

    \8\ Full-size Nasdaq 100 Index and Mini Nasdaq 100 Index levels
are disseminated through the Nasdaq Index Dissemination Services
(``NIDS'') during normal Nasdaq trading hours (9:30 a.m. to 4 p.m.
ET). The Index is calculated using Nasdaq prices (not consolidated)
during the day and the official closing price for the close. The
closing value of the Index may change until 5:15 p.m. ET due to
corrections to the NOCP of the component securities. In addition,
the Index is published daily on Nasdaq's website and through major
quotation vendors such as Reuters and Thomson's ILX.
---------------------------------------------------------------------------

    The settlement values for purposes of settling both Full-size
Nasdaq 100 Index (``Fullsize Settlement Value'') and Mini Nasdaq 100
Index (``Mini Settlement Value'') are calculated based on a volume-
weighted average of prices reported in the first five minutes of
trading for each of the component securities on the last business day
before the expiration date (``Settlement Day'').\9\ The Settlement Day
is normally the Friday preceding ``Expiration Saturday.'' \10\ If a
component security in the Index does not trade on Settlement Day, the
closing price from the previous trading day will be used to calculate
both the Full-size Settlement Value and Mini Settlement Value.\11\
Accordingly, trading in options on the Index will

normally cease on the Thursday preceding an Expiration Saturday. Nasdaq
monitors and maintains the Index. Nasdaq is responsible for making all
necessary adjustments to the Index to reflect component deletions;
share changes; stock splits; stock dividends; stock price adjustments
due to restructuring, mergers, or spin-offs involving the underlying
components; and other corporate actions. Some corporate actions, such
as stock splits and stock dividends, require simple changes to the
available shares outstanding and the stock prices of the underlying
components.
---------------------------------------------------------------------------

    \9\ The aggregate exercise value of the option contract is
calculated by multiplying the Index value by the Index multiplier,
which is 100.
    \10\ For any given expiration month, options on the Nasdaq 100
Index will expire on the third Saturday of the month.
    \11\ Full-size Settlement Values and Mini Settlement Values are
disseminated by CBOE.
---------------------------------------------------------------------------

    The component securities are evaluated on an annual basis, except
under extraordinary circumstances which may result in an interim
evaluation, as follows: securities listed on Nasdaq that meet its
eligibility criteria are ranked by market value using closing prices as
of the end of October and publicly available total shares outstanding
as of the end of November. Eligible component securities which are
already in the Index and ranked in the top 100 (based on market value)
are retained in the Index. Component securities that are ranked from
101 to 125 are also retained, provided that those securities that were
ranked in the top 100 eligible securities as of the previous ranking
review or was added to the Index subsequent to the previous ranking
review. Securities not meeting such criteria are replaced. The
replacement securities chosen are those Index-eligible securities not
currently in the Index that have the largest market capitalization.
    Generally, the list of annual additions and deletions to the Index
is publicly announced in early December. Changes to the Index are made
effective after the close of trading on the third Friday in December.
Moreover, if at any time during the year a component security is
determined by Nasdaq to become ineligible for continued inclusion in
the Index based on the continued eligibility criteria, that component
security will be replaced with the largest market capitalization
component not currently in the Index that met the eligibility criteria
described earlier.
    Nasdaq will monitor the Index on a quarterly basis and file a
proposed rule change with the Commission pursuant to Rule 19b-4 if: (i)
The number of securities in the Index drops by one-third or more; (ii)
10% or more of the weight of the Index is represented by component
securities having a market value of less than $75 million; (iii) less
than 80% of the weight of the Index is represented by component
securities that are eligible for options trading pursuant to Chapter
IV, Section 3 of the NOM Rules; (iv) 10% or more of the weight of the
Index is represented by component securities trading less than 20,000
shares per day; or (v) the largest component security accounts for more
than 25% of the weight of the Index or the largest five components in
the aggregate account for more than 50% of the weight of the Index.
    Nasdaq also will notify the Commission's Division of Trading and
Markets if Nasdaq determines to cease maintaining and calculating the
Index, or if the Index values are not disseminated every 15 seconds by
a widely available source. NASDAQ has represented that, if the Index
ceases to be maintained or calculated, or if the Index values are not
disseminated every 15 seconds by a widely available source, it will not
list any additional series for trading and will limit all transactions
in such options to closing transactions only for the purpose of
maintaining a fair and orderly market and protecting investors.

Contract Specifications

    The proposed contract specifications are identical to the contract
specifications of NDX and MNX options that are currently listed on
other exchanges. The Index is a broad-based index, as defined in
Chapter XIV, section 2(l) of the NOM rules. Options on the Nasdaq 100
Index are European-style and A.M. cash-settled. The Exchange's standard
trading hours for index options (9:30 a.m. to 4:15 p.m. ET), as set
forth in Chapter VI, section 2 of the NOM rules, will apply to options
on the Nasdaq 100 Index. Exchange rules that are applicable to the
trading of options on broad-based indexes will apply to both NDX and
MNX.\12\ Specifically, the trading of NDX and MNX options will be
subject to, among others, Exchange rules governing margin requirements
and trading halt procedures for index options.
---------------------------------------------------------------------------

    \12\ See Chapter VI of the NOM Rules.
---------------------------------------------------------------------------

    For NDX, the Exchange proposes to establish aggregate position and
exercise limits at 75,000 contracts on the same side of the market. The
Full-size Nasdaq Index contracts will be aggregated with Mini Nasdaq
100 Index contracts, where ten Mini Nasdaq 100 Index contracts equal
one Full-size Nasdaq 100 Index contract.\13\
---------------------------------------------------------------------------

    \13\ The position limits proposed by the Exchange for Nasdaq 100
Index options are identical to those established by CBOE and ISE.
---------------------------------------------------------------------------

    Nasdaq will apply broad-based index margin requirements for the
purchase and sale of options on the Index. Accordingly, purchases of
put or call options with nine months or less until expiration must be
paid for in full. Writers of uncovered put or call options will be
required to deposit or maintain 100% of the option proceeds, plus 15%
of the aggregate contract value (current index level x $100), less any
out-of-the-money amount, subject to a minimum of the option proceeds
plus 10% of the aggregate contract value for call options and a minimum
of the option proceeds plus 10% of the aggregate exercise price amount
for put options.
    Nasdaq will set strike price intervals at least 2\1/2\ points for
certain near-the-money series in near-term expiration months when the
Full-size Nasdaq 100 Index or Mini Nasdaq 100 Index is at a level below
200, and 5 point strike price intervals for other options series with
expirations up to one year, and at least 10 point strike price
intervals for longer-term options. The minimum tick size for series
trading below $3 is $0.05, and for series trading at or above $3 is
$0.10. Based on the current index levels, the Nasdaq plans to set
strike price intervals of 5 points and 2\1/2\ points for NDX and MNX,
respectively.
    The Exchange will list options on both the Full-size Nasdaq 100
Index and the Mini Nasdaq 100 Index in the three consecutive near-term
expiration months plus up to three successive expiration months in the
March cycle. For example, consecutive expirations of January, February,
March, plus June, September, and December expirations will be listed.
The trading of any long-term Nasdaq 100 Index options will be subject
to the same rules that govern the trading of all the Exchange's index
options, including sales practice rules, margin requirements, and
trading rules.

Surveillance and Capacity

    Nasdaq represents that it has an adequate surveillance program in
place for options traded on the Index and intends to apply those same
program procedures that it applies to the Exchange's other index
options. Additionally, the Exchange is a member of the Intermarket
Surveillance Group (``ISG'') under the Intermarket Surveillance Group
Agreement, dated June 20, 1994.\14\ The ISG members work together to
coordinate surveillance and investigative information sharing in the
stock and options markets. In addition, the major futures exchanges are
affiliated members of the ISG, which allows for the sharing of
surveillance

information for potential intermarket trading abuses.
---------------------------------------------------------------------------

    \14\ A list of the current members and affiliate members of ISG
can be found at http://www.isgportal.com.
---------------------------------------------------------------------------

    The Exchange represents that it has the necessary systems capacity
to support new options series that will result from the introduction of
NDX and MNX. The Exchange has provided the Commission with system
capacity information to support its system capacity representations.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6 of the Act \15\ in general, and with section 6(b)(5) in
particular,\16\ in that it will permit the trading of options on the
Full-size Nasdaq 100 Index and Mini Nasdaq 100 Index pursuant to rules
designed to prevent fraudulent and manipulative acts and practices and
to promote just and equitable principles of trade.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    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 does not believe that the proposed rule change would
impose any inappropriate burden on competition. To the contrary, Nasdaq
notes that it will be the seventh options market to trade options on
the Nasdaq 100 Index, further enhancing an already-competitive market.

III. 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 No. SR-NASDAQ-2008-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2008-028. 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, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2008-028 and should
be submitted on or before May 8, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\17\ In particular, the Commission believes that the proposal
is consistent with section 6(b)(5) of the Act,\18\ which requires that
the rules of an exchange be designed 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 Commission notes that
it has approved the listing and trading of options on the Nasdaq 100
Index on other exchanges.\19\ The Commission presently is not aware of
any regulatory issue that should cause it to revisit that earlier
finding or preclude the trading of such options on the NOM.
---------------------------------------------------------------------------

    \17\ In approving this rule change, the Commission notes that it
has considered the proposal's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
    \18\ See, 15 U.S.C. 78f(b)(5).
    \19\ See, e.g., Securities Exchange Act Release No. 51121
(February 1, 2005), 70 FR 6476 (February 7, 2005); Securities
Exchange Act Release No. 33428 (January 5, 1994), 59 FR 1576
(January 11, 1994).
---------------------------------------------------------------------------

    In approving this proposal, the Commission has specifically relied
on the following representations made by the Exchange:
    1. Nasdaq will notify the Commission's Division of Trading and
Markets if Nasdaq determines to cease maintaining and calculating the
Index, or if the Index values are not disseminated every 15 seconds by
a widely available source. If the Index ceases to be maintained or
calculated, or if the Index values are not disseminated every 15
seconds by a widely available source, Nasdaq will not list any
additional series for trading and will limit all transactions in such
options to closing transactions only for the purpose of maintaining a
fair and orderly market and protecting investors.
    2. Nasdaq has an adequate surveillance program in place for options
traded on the Index and intends to apply those same program procedures
that it applies to the Exchange's other index options.
    3. Nasdaq has the necessary systems capacity to support new options
series that will result from the introduction of NDX and MNX; and
Nasdaq has provided the Commission with system capacity information to
support its system capacity representations.
    The Commission further notes that in approving this proposal, it
relied on the Exchange's discussion of how Nasdaq currently calculates
the Index. If the manner in which Nasdaq calculates the Index were to
change substantially, this approval order might no longer be effective.
    In addition, the Commission believes that the position limits for
these new options are reasonable and consistent with the Act. The
Commission previously has found identical provisions for NDX and MNX
options to be consistent with the Act.\20\
---------------------------------------------------------------------------

    \20\ See e.g., Securities Exchange Act Release No. 51121
(February 1, 2005), 70 FR 6476 (February 7, 2005); Securities
Exchange Act Release No. 44156 (April 6, 2001), 66 FR 19261 (April
13, 2001).
---------------------------------------------------------------------------

    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. Because options on the Nasdaq 100 Index already trade
on another

exchange, accelerating approval of Nasdaq's proposal should benefit
investors by creating, without undue delay, additional competition in
the market for these options.

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-NASDAQ-2008-028), is hereby
approved.
---------------------------------------------------------------------------

    \21\ 21 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E8-8269 Filed 4-16-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 6, 2010 (Volume 75, Number 128)]
[Rules and Regulations]
[Page 38716-38718]
[DOCID:fr06jy10-9]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0602]
RIN 1625-AA00

Safety Zone; Vietnam Veterans of America Fireworks Display,
Brookings, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Pelican Bay and the Pacific Ocean for the Vietnam Veterans of
America Fireworks Display near Brookings, Oregon. This action is
necessary to ensure the safety of the maritime public during the
display and will do so by prohibiting all persons and vessels from
entering the safety zone

unless authorized by the Captain of the Port or his designated
representative.

DATES: This rule is effective from 8 p.m. until 11 p.m. on July 4,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0602 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0602 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management
Division, Coast Guard Sector Portland; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delaying the effective date by first
publishing an NPRM would be contrary to the safety zone's intended
objective since immediate action is needed to protect persons and
vessels against the hazards associated with fireworks displays on
navigable waters. Accordingly, under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because to do so would be contrary
to public interest since the event will have already occurred by the
time the 30-day comment period will have passed.

Basis and Purpose

    The Vietnam Veterans of America are holding a fireworks display
near Brookings, Oregon on July 4, 2010. Due to the inherent dangers
associated with such displays, the safety zone created by this rule is
necessary to help ensure the safety of the maritime public and will do
so by prohibiting all persons and vessels from coming too close to the
fireworks display and the associated hazards.

Discussion of Rule

    This rule establishes a temporary safety zone covering the waters
of the Pacific Ocean bounded by a line starting at the tip of the south
jetty of the Chetco River (point 1) and extending offshore to the
Chetco River Entrance Lighted Bell Buoy 2 (point 2) and another line
returning from point 2 at an angle to a point on the shore south of the
jetty (point 3). The latitude and longitudes of the three points are as
follows: Point 1: 42[deg]02'37.43'' N/124[deg]16'14.66'' W, Point 2:
42[deg]02'05.12'' N/124[deg]16'36.54'' W, and Point 3:
42[deg]02'17.70'' N/124[deg]15'46.01'' W. All persons and vessels will
be prohibited from entering the safety zone unless authorized by the
Captain of the Port or his designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this
determination because the safety zone will only be in effect for three
hours on one day and maritime traffic may be able to transit the zone
if authorized by the Captain of the Port or his designated
representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: The owners or operators of vessels wishing to
transit the safety zone established by this rule from 8 p.m. until 11
p.m. on July 4, 2010. The rule will not have a significant economic
impact on a substantial number of small entities, however, because the
safety zone will only be in effect for three hours on one day and
maritime traffic may be able to transit the zone if authorized by the
Captain of the Port or his designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires

Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T13-151 to read as follows:

Sec.  165.T13-151  Safety Zone; Vietnam Veterans of America Fireworks
Display, Brookings, OR.

    (a) Location. The following area is a safety zone: All waters of
the Pacific Ocean bounded by a line starting at the tip of the south
jetty of the Chetco River (point 1) and extending offshore to the
Chetco River Entrance Lighted Bell Buoy 2 (point 2) and another line
returning from point 2 at an angle to a point on the shore south of the
jetty (point 3). The latitude and longitudes of the three points are as
follows: Point 1: 42[deg]02'37.43'' N/124[deg]16'14.66'' W, Point 2:
42[deg]02'05.12'' N/124[deg]16'36.54'' W, and Point 3:
42[deg]02'17.70'' N/124[deg]15'46.01'' W.
    (b) Regulations. In accordance with the general regulations in
Sec.  165.23 of this part, no person or vessel may enter or remain in
the safety zone created by this section without the permission of the
Captain of the Port or his designated representative. Designated
representatives are Coast Guard Personnel authorized by the Captain of
the Port to grant persons or vessels permission to enter or remain in
the safety zone created by this section. See 33 CFR part 165, subpart
C, for additional information and requirements.
    (c) Enforcement Period. The safety zone created by this section
will be in effect from 8 p.m. until 11 p.m. on July 4, 2010.

    Dated: June 22, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-16265 Filed 7-2-10; 8:45 am]
BILLING CODE 9110-04-P


4 4002VR10 DOC Electric Power Research Institute ( EPRI) Research update on fish protection technologies for water intakes. Prepared by Stone & Webster Engineering Corp., Boston, MA. 211 May, 1994 4 4002VR11 DOC Electric Power Research Institute ( EPRI) Fish protection/ passage technologies evaluated by EPRI and guidelines for their use. Prepared by Stone & Webster Engineering Corp., Boston, MA. 325 May, 1994 4 4002VR12 DOC Electric Power Research Institute ( EPRI) Intake technologies: research status. Prepared by Lawler, Matusky & Skelly Engineers, Pearl River, NY. 48 March, 1989 4 4002W DOC Electric Power Research Institute ( EPRI) Comparison of Alternate Cooling Technologies for California Power Plants ( Draft) 255 Feb 02 4 4002X MTG Wall, T., USEPA TXU/ Progress Energy Meeting with OW/ OGC 27 11/ 15/ 2001 4 4002Y MEM Greeson, M.,

Progress Energy Email RE: O& M Cost Estimates for Brunswick Nuclear Plant 3 12/ 18/ 2001 4 4002Z MTG Wall, T., USEPA Electric Generating Industry Representatives Meeting with OW 3 11/ 21/ 2001 4 4002AA TEL Wall, T., USEPA Phone Call with EEI 1 1/ 3/ 2002 Docket W 00 32 Clean Water Act Section 316( b)

Proposed Section 316( b) Phase II Existing Facilities Rule Document Control Number Item Type Author Title/ Subject Pages Document Date Comment Page 158 4 4002BB TEL Wall, T., USEPA Phone Call with Mirant 1 1/ 8/ 2002 4 4002CC MTG Wall, T., USEPA OMB/ Edison Institute Meeting 23 2/ 8/ 2002 4 4002DD MTG Wall, T., USEPA EEI Meeting with OPEI/ OW 8 2/ 20/ 2002 4 4002EE MTG Wall, T., USEPA EEI Meeting with OPEI 1 2/ 7/ 2002 4 4002FF MEM Vaskis M., PSEG Email RE: Section 316( b) rulemaking 7 1/ 28/ 2002 4 4002GG MTG Wall, T., USEPA PSE& G Meeting with G. Tracy Mehan, III 16 4 4003A Reading, J., State of New Jersey Department of Environmental Protection Letter to S. Frace, USEPA 1 See DCN 2 034B 4 4003B LET Cipriano, R., Illinois Environmental Protection Agency Letter to Governor Whitman, USEPA 2 2/ 22/ 2002 4 4003C LET Easley, M. F., State of North Carolina,

Office of the Governor Letter to Governor Whitman, USEPA 1 2/ 22/ 2002 4 4003D TEL Wall, T., USEPA Cooling Water Intake Standards Conference Call 4 12/ 4/ 2001 4 4003E LET Struhs, D. B,

Florida DEP Letter to Governor Whitman 2 2/ 27/ 2002 4 4004A LET Dunnigan, J. H.,

Atlantic States Marine Fisheries Commission ( ASMFC) Letter to Administrator Whitman, USEPA 1 12/ 14/ 2001 4 4004B LET Mehan, G. T., Response to letter from J. Dunnigan, ASMFC 2 1/ 8/ 2002 Docket W 00 32 Clean Water Act Section 316( b)

Proposed Section 316( b) Phase II Existing Facilities Rule Document Control Number Item Type Author Title/ Subject Pages Document Date Comment Page 159 USEPA 4 4004C LET Furlong, D. T., Mid

Atlantic Fishery Management Council Letter to Administrator Whitman, USEPA 1 12/ 14/ 2001 4 4004D LET Mehan, G. T.,

USEPA Response to letter from D. Furlong, MAFMC 2 1/ 8/ 2002 4 4004E LET Hill, T. R., New England Fishery Management Council Letter to Administrator Whitman, USEPA 2 12/ 14/ 2001 4 4004F LET Mehan, G. T.,

USEPA Response to letter from T. Hill, NEFMC 2 1/ 8/ 2002 4 4004G LET Mattlin, R. H.,

Marine Mammal Commission Letter to Administrator Whitman, USEPA 2 12/ 19/ 2001 4 4004H LET Spalding, H. C.,

Save The Bay Letter to Administrator Whitman, USEPA 2 12/ 19/ 2001 4 4004I LET Cohen, D. C.,

Atlantic Capes Fisheries Letter to Administrator Whitman, USEPA 2 12/ 21/ 2001 4 4004J LET Mehan, G. T.,

USEPA Response to letter from D. Cohen, ACF 2 1/ 25/ 2002 4 4004K LET Axelsson, B. E,

Axelsson &

Johnson Fish Company, Inc. Letter to Dr. W. T. Hogarth, NMFS 2 12/ 28/ 2001 Docket W 00 32 Clean Water Act Section 316( b)

Proposed Section 316( b) Phase II Existing Facilities Rule Document Control Number Item Type Author Title/ Subject Pages Document Date Comment Page 160 4 4005 DOC USEPA OMB Review Draft for the Proposed Section 316( b) Rule for Large Cooling Water Intake Structures at Existing Power Generating Facilities 262 12/ 28/ 2001 4 4006 DOC USEPA 316( b) Detailed Questionnaires for In Scope Facilities 8093 4/ 9/ 2002 Water docket contains non CBI surveys only.

CBI surveys contained in CBI docket.

4 4007 DOC National Research Council ( NRC) Restoration of Aquatic Ecosystems 572 1992 4 4008 DOC USEPA Summary of Maryland's 316( b) Regulations ( COMAR <IP_ADDRESS>) 5 Undated 4 4009 MEM Thomas, D.,

USEPA Documentation on Waterbody based Trading 17 2002 4 4010 DOC USEPA Regional Permitting Authority Examples on the Cost of Supporting a " No Adverse Environmental Impact" Justification from a 316( b) Facility 8 12/ 5/ 2001 4 4011 DOC Cederholm, C. J.,

et. al. Pacific Salmon and Wildlife: Ecological Contexts,

Relationships, and Implications for Management 146 2000 4 4012 ART Coen, L. D, and M. W. Luckenbach Developing Success Criteria and Goals for Evaluating Oyster Reef Restoration: Ecological Function or Resource Exploitation? 21 2000 4 4013 WEB USGS Hydrologic Unit Maps: What Are Hydrologic Units? 2 2002 4 4014 ART Franklin, H. B. The Most Important Fish in the Sea 10 Sep 01 4 4015 WEB NOAA State of the Coast: Regional Contrasts 4 2002 4 4016 DOC Atlantic States Marine Fisheries Commission Amendment 1 to the Interstate Fishery Management Plan for Atlantic Menhaden 146 Jul 01 Docket W 00 32 Clean Water Act Section 316( b)

Proposed Section 316( b) Phase II Existing Facilities Rule Document Control Number Item Type Author Title/ Subject Pages Document Date Comment Page 161 ( ASMFC)

4 4017 MEM Thomas, D.,

USEPA Documentation on Florida Manatee Conservation Conversation with Kipp Frohlich 1 1/ 23/ 2002 4 4018 MEM Choudhry, G. H.

and I. Park, Westat Tables Requested Under TD# W040313d 18 4/ 4/ 2002 4 4019 MEM USEPA Summary of Major Changes During Interagency Review 9 4/ 9/ 2002 Updated on May 23,

2002.

4 4020 DOC National Research Council ( NRC) Compensating for Wetland Losses Under the Clean Water Act 345 6/ 23/ 1905 4 4021 MEM Meadows, K.,

Tetra Tech Completed 1% Tidal River/ Estuary Threshold Data Analysis 2 3/ 14/ 2002 4 4021 R1 DAT Meadows, K.,

Tetra Tech Supporting Data for 1% Tidal Excursion Analysis n/ a 4/ 9/ 2002 Contained in the CBI docket on CD ROM.

4 4022A LET Herbinson, K. T.

and D. W. Kay,

Southern California Edison Letter to G. T. Mehan RE: Erroneous References to San Onofre 5 1/ 7/ 2002 4 4022B MEM Hart, D., USEPA Discussions with Kevin Herbinson ( Southern California Edison) re: January 7, 2002 Letter to EPA 1 4/ 9/ 2002 4 4023A DOC USEPA Transcript: Public Meeting of Technical Experts to Discuss Preliminary Data on Cooling Water Intake Structure Technologies at Existing Facilities and Their Costs 201 5/ 23/ 2001 4 4023B DOC USEPA Draft Agenda, Public Meeting of Invited Technical Experts to Discuss Preliminary Data on Cooling Water Intake Structure Technologies at Existing 5 5/ 23/ 2001 Docket W 00 32 Clean Water Act Section 316( b)

Proposed Section 316( b) Phase II Existing Facilities Rule Document Control Number Item Type Author Title/ Subject Pages Document Date Comment Page 162 Facilities and Their Costs 4 4023C DOC USEPA Preliminary Data Analyses Using Responses from the Detailed Industry Questionnaire: Phase II Cooling Water Intake Structures ( Draft) 17 May 01 4 4023D DOC USEPA Restoration Cost Estimates for CWA 316( b) New Facility Rule 9 Jul 00 4 4023E DOC USEPA Initial Cost Estimates for 316( b) Existing Source Rile ( Draft) 14 5/ 17/ 2001 4 4023F MEM Snyder, B., Tetra Tech 316( b) Monitoring Cost Estimates for New Facilities 2 5/ 17/ 2001 4 4023G DOC USEPA Distribution of Facilities by Sources of Surface Water and Industry Groups 2 May 01 Addendum to 4 4023C 4 4023H DOC USEPA Draft List of Facilities with Dry Cooling Technology 6 May 01 4 4023I DOC USEPA Attendance List for Public Meeting of Technical Experts to Discuss Preliminary Data on Cooling Water Intake Structure Technologies at Existing Facilities and Their Costs 3 May 01 4 4024 TEL Meadows, K.,

Tetra Tech Big Bend Intake Technologies and Survey Responses 1 1/ 24/ 2002 4 4025 MEM Moe, M., SAIC Email RE: Chalk Point 3 2/ 1/ 2002


[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Notices]
[Pages 22401-22402]
[FR Doc No: 2021-08827]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-179-000]

Nopetro LNG, LLC; Notice of Petition for Declaratory Order

    Take notice that on April 20, 2021, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, Nopetro LNG, LLC (Nopetro or Petitioner) filed
a petition for declaratory order. The petition seeks a declaratory
order from the Commission stating that Nopetro's construction and
operation of a natural gas liquefaction and truck loading facility and
proposed natural gas transloading operations in Port St. Joe, Florida,
would not be subject to the Commission's jurisdiction under section 3
or section 7 of the Natural Gas Act, 15 U.S.C. 717b and 717f (2018), as
more fully explained in Nopetro's petition.
    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. Anyone filing a motion to intervene or protest
must serve a copy of that document on the Petitioner.
    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 may mail similar
pleadings to the Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on May 24, 2021.

    Dated: April 22, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-08827 Filed 4-27-21; 8:45 am]
BILLING CODE 6717-01-P