[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64381-64382]
[FR Doc No: 2023-20223]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2023-0768]

Special Local Regulations; Clearwater Offshore Nationals/Race
World Offshore; Gulf of Mexico; Clearwater, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce special local regulations for the
Clearwater offshore Nationals/Race World Offshore on September 24,
2023, to provide for the safety of life on navigable waterways during
this event. Our regulation for marine events within the Seventh Coast
Guard District identifies the regulated area for this event in
Clearwater, FL. During the enforcement periods, the operator of any
vessel in the regulated area must comply with directions from the
Patrol Commander or any designated representative.

DATES: The regulations in 33 CFR 100.703 will be enforced from 11:30
a.m. until 4 p.m., on September 24, 2023, for the location identified
in Item 6 in table 1 to Sec.  100.703.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Marine Science Technician
First Class Mara Brown, Sector St. Petersburg Prevention Department,
Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.703, table 1 to Sec.  100.703, Item No.
6, for the Clearwater Offshore Nationals/Race World Offshore regulated
area from 11:30 a.m. until 4 p.m., on September 24, 2023. This action
is being taken to provide for the safety of life on navigable waterways
during this event. Our regulation for recurring marine events, Sector
St. Petersburg, Sec.  100.703, table 1 to Sec.  100.703, Item No. 6,
specifies the location of the regulated area for the Clearwater
Offshore Nationals/Race World Offshore which encompasses portions of
the Gulf of Mexico near Clearwater, FL. During the enforcement periods,
as reflected in Sec.  100.703(c), if you are the operator of a vessel
in the regulated area you must comply with directions from the Patrol
Commander or any designated representative.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners, marine information
broadcasts, or both.

    Dated: September 13, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2023-20223 Filed 9-18-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Rules and Regulations]
[Pages 33548-33550]
[FR Doc No: 2023-10987]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2023-0068; Special Conditions No. 25-821-SC]

Special Conditions: B/E Aerospace Ltd., MHI RJ Aviation ULC Model
CL-600-2B19 Airplane; Installation of a Therapeutic Oxygen System for
Medical Use

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the MHI RJ Aviation
ULC Model CL-600-2B19 airplane. This airplane, as modified by B/E
Aerospace Ltd. (B/E Aerospace), will have a novel or unusual design
feature when compared to the state of technology envisioned in the
airworthiness standards for transport-category airplanes. This design
feature is an installation of a therapeutic oxygen system for medical
use. The applicable airworthiness regulations do not contain adequate
or appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on B/E Aerospace Ltd. on May 24, 2023.
Send comments on or before July 10, 2023.

ADDRESSES: Send comments identified by Docket No. FAA-2023-0068 using
any of the following methods:
     Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations 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.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations 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: Robert Hettman, Mechanical Systems,
AIR-623, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service, Federal Aviation Administration, 2200
South 216th Street, Des Moines, Washington 98198; telephone and fax
206-231-3171; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to Sec.  11.38(b), that new comments
are unlikely, and notice and comment prior to this publication are
unnecessary.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments, and will consider comments filed late if it is possible to do
so

without incurring delay. The FAA may change these special conditions
based on the comments received.

Privacy

    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in title
14, Code of Federal Regulations (14 CFR) 11.35, the FAA will post all
comments received without change to https://www.regulations.gov/,
including any personal information you provide. The FAA will also post
a report summarizing each substantive verbal contact received about
these special conditions.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
these special conditions contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to these special
conditions, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and the indicated comments will not be
placed in the public docket of these special conditions. Send
submissions containing CBI to the individual listed in the For Further
Information Contact section above. Comments the FAA receives, which are
not specifically designated as CBI, will be placed in the public docket
for these special conditions.

Background

    On November 17, 2022, B/E Aerospace applied for a supplemental type
certificate for the modification of the oxygen distribution system on
the MHI RJ Aviation ULC Model CL-600-2B19 airplane (type certificate
previously held by Bombardier, Inc). This airplane, which is currently
approved under Type Certificate A21EA-1, is a twin-engine transport
category airplane with a maximum takeoff weight of 47,450 pounds. The
Model CL-600-2B19 (Challenger 850 series) airplane has a seating
capacity of 19 passengers.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, B/E Aerospace must show that the MHI RJ Aviation ULC Model
CL-600-2B19 airplane, as changed, continues to meet the applicable
provisions of the regulations listed in Type Certificate No. A21EA-1 or
the applicable regulations in effect on the date of application for the
change, except for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the MHI RJ Aviation ULC Model CL-600-
2B19 airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the MHI RJ Aviation ULC Model CL-600-2B19 airplane must
comply with the fuel-vent and exhaust-emission requirements of 14 CFR
part 34, and the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in Sec.  11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The MHI RJ Aviation ULC Model CL-600-2B19 airplane will incorporate
the following novel or unusual design feature:
    A modification of the oxygen-distribution system that affects how
the common source of oxygen supply on board is shared between the
flightcrew and passengers to provide supplemental and therapeutic
oxygen.

Discussion

    No specific regulations address the design and installation of
required passenger oxygen systems that share a supply source with an
optional oxygen system used specifically for therapeutic applications.
Therapeutic oxygen systems have been previously certified, and were
generally considered an extension of the passenger oxygen system for
the purpose of defining the applicable regulations. As a result,
existing requirements, such as Sec. Sec.  25.1309, 25.1441(b) and (c),
25.1451, and 25.1453, in the MHI RJ Aviation ULC Model CL-600-2B19
airplanes' certification basis applicable to this STC project, provide
some design standards appropriate for oxygen system installations. In
addition, Sec.  25.1445 includes standards for oxygen distribution
systems when oxygen is supplied to flightcrew and passengers. If a
common source of supply is used, Sec.  25.1445(a)(2) requires a means
to separately reserve the minimum supply required by the flightcrew.
    Section 25.1445 is intended to protect the flightcrew by ensuring
that an adequate supply of oxygen is available to complete a descent
and landing following a loss of cabin pressure. When the regulation was
written, the only passenger oxygen system designs were supplemental
oxygen systems intended to protect passengers from hypoxia in the event
of a decompression. Existing passenger oxygen systems did not include
design features that would allow the flightcrew to control oxygen to
passengers during flight. There are no similar requirements in Sec.
25.1445 when oxygen is supplied from the same source to passengers for
use during a decompression, and for discretionary or first-aid use any
time during the flight. In the design, the passenger and therapeutic
oxygen systems use the same source of oxygen. These special conditions
contain additional design requirements for the equipment involved in
this dual therapeutic oxygen plus gaseous oxygen installation.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
MHI RJ Aviation ULC Model CL-600-2B19 airplane. Should B/E Aerospace
apply at a later date for a supplemental type certificate to modify any
other model included on Type Certificate No. A21EA-1 to incorporate the
same novel or unusual design feature, these special conditions would
apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability and
affects only the applicant who applied to the FAA for approval of these
features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and
44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for MHI RJ Aviation ULC Model CL-600-2B19
airplanes, as modified by B/E Aerospace Ltd.
    The distribution system for the passenger therapeutic oxygen system
must be designed and installed to meet requirements as follows:
    When oxygen is supplied to passengers for both supplemental and
therapeutic purposes, the distribution system must be designed for
either--
    (1) A source of supplemental oxygen for protection following a loss
of cabin pressure, and a separate source for therapeutic purposes; or
    (2) A common source of supply with means to separately reserve the
minimum supply required by the passengers for supplemental use
following a loss of cabin pressure.

    Issued in Kansas City, Missouri, on May 18, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-10987 Filed 5-23-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Notices]
[Pages 43681-43682]
[FR Doc No: 2011-18364]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC11-94-000.
    Applicants: Gratiot County Wind LLC, Gratiot County Wind II LLC,
Invenergy Wind Development LLC, The Detroit Edison Company.
    Description: Application of Gratiot County Wind LLC, et al. for
Authorization under section 203 of the FPA.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5185.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG11-105-000.
    Applicants: Gratiot County Wind II LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Gratiot County Wind II LLC.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5137.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: EG11-106-000.
    Applicants: Invenergy Wind Development Michigan LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Invenergy Wind Development Michigan LLC.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5146.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER11-2928-002.
    Applicants: Florida Power & Light Company.
    Description: Florida Power & Light Company submits tariff filing
per 35: FPL Compliance Filing to Rate Schedule FERC No. 322 to be
effective 5/1/2011.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5156.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4041-000.
    Applicants: Verde Energy USA Trading, LLC.
    Description: Verde Energy USA Trading, LLC submits tariff filing
per 35.12: Verde Energy MBR Application Filing to be effective 7/13/
2011.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5115.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4042-000.
    Applicants: The Detroit Edison Company.
    Description: The Detroit Edison Company submits tariff filing per
35.12: FERC Electric Rate Schedule No. 43 to be effective 12/31/9998.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5122.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4043-000.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Company submits tariff filing
per 35: TEP Updated OATT Diagram Filing to be effective 9/16/2010.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5123.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4044-000.
    Applicants: Gratiot County Wind LLC.
    Description: Gratiot County Wind LLC submits tariff filing per
35.1: Application For Market-Based Rate Authorization and Requested
Waivers & Approval to be effective 9/12/2011.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5124.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4045-000.
    Applicants: UNS Electric, Inc.
    Description: UNS Electric, Inc. submits tariff filing per 35: UNSE
Updated OATT Diagram Filing to be effective 9/16/2010.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5125.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4046-000.
    Applicants: Gratiot County Wind II LLC.
    Description: Gratiot County Wind II LLC submits tariff filing per
35.1: Application For Market-Based Rate Authorization and Requested
Waivers & Approval to be effective 9/12/2011.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5126.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4047-000.
    Applicants: Invenergy Wind Development Michigan LLC.
    Description: Invenergy Wind Development Michigan LLC submits tariff
filing per 35.1: Filing of Facilities Use Agreement, Request for
Waivers and Blanket Approval to be effective 12/31/9998.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5127.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4048-000.
    Applicants: Gratiot County Wind LLC.
    Description: Gratiot County Wind LLC submits tariff filing per
35.12: Co-

Tenancy and Shared Facilities Agreement and Request for Waivers to be
effective 12/31/9998.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5128.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4049-000.
    Applicants: Gratiot County Wind II LLC.
    Description: Gratiot County Wind II LLC submits tariff filing per
35.12: Co-Tenancy and Shared Facilities Agreement and Request for
Waivers to be effective 12/31/9998.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5129.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4050-000.
    Applicants: Alamosa, LLC.
    Description: Alamosa, LLC submits tariff filing per 35.12: Alamosa,
LLC Market-Based Rate Tariff to be effective 8/15/2011.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5154.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4051-000.
    Applicants: CSOLAR IV South, LLC.
    Description: CSOLAR IV South, LLC submits tariff filing per 35.12:
Market-Based Rate Application to be effective 9/11/2011.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5155.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Docket Numbers: ER11-4052-000.
    Applicants: Alpha Gas and Electric LLC.
    Description: Alpha Gas and Electric LLC submits tariff filing per
35.13(a)(2)(iii: Market Based Rate Tariff Database to be effective 7/
14/2011.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5176.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Take notice that the Commission received the following land
acquisition reports:
    Docket Numbers: LA11-2-000.
    Applicants: Canandaigua Power Partners, LLC, Canandaigua Power
Partners II, LLC, Evergreen Wind Power, LLC, Evergreen Wind Power III,
LLC, Evergreen Wind Power V, LLC, First Wind Energy Marketing, LLC,
Milford Wind Corridor Phase I, LLC, Milford Wind Corridor Phase II,
LLC, Stetson Wind II, LLC, Vermont Wind, LLC.
    Description: Land Acquisition Quarterly Report of Canandaigua Power
Partners, LLC, et al.
    Filed Date: 07/13/2011.
    Accession Number: 20110713-5148.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 03, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed 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>.

    Dated: July 14, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-18364 Filed 7-20-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Notices]
[Pages 11352-11353]
[FR Doc No: 2017-03413]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5000-072]

Ampersand Kayuta Lake Hydro, LLC; Notice of Application Accepted
for Filing, Soliciting Comments, Protests and Motions To Intervene

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Extension of License Term.
    b. Project No.: P-5000-072.
    c. Date Filed: January 4, 2017.
    d. Licensee: Ampersand Kayuta Lake Hydro, LLC.
    e. Name and Location of Project: Kayuta Lake Hydroelectric Project,
located on the Black River in Oneida County, New York.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Licensee Contact Information: Mr. Ian Chow, Asset Manager,
Ampersand Kayuta Lake Hydro, LLC, 717 Atlantic Avenue, Suite 1A,
Boston, MA 02111, Phone:<PHONE_NUMBER>.
    h. FERC Contact: Mr. Ashish Desai,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. Deadline for filing comments, motions to intervene and protests,
is 30 days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests, comments, and recommendations, using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-5000-072.
    j. Description of Proceeding: The licensee, Ampersand Kayuta Lake
Hydro, LLC, requests the Commission extend the term of the license,
from August 31, 2024 to May 31, 2026. The licensee received a 40-year
license for the project on September 12, 1984. The licensee states that
in order to facilitate a basin-wide relicensing approach with several
other nearby projects, it needs to extend the license term to
synchronize the license expiration dates with those other projects. The
licensee's request includes letters from the U.S. Fish and Wildlife
Service and the New York State Department of Environmental Conservation
supporting the license extension.
    k. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-5000-072) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.

    n. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to the request to extend the license term. Agencies may obtain copies
of the application directly from the applicant. A copy of any protest
or motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervener
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: February 15, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-03413 Filed 2-21-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Rules and Regulations]
[Pages 40812-40815]
[FR Doc No: 2012-16961]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0507; FRL-9353-7]
RIN 2070-ZA16

Dicloran and Formetanate; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the fungicide dicloran
and the insecticide formetanate hydrochloride in follow-up to amended
registrations that deleted specific uses, leaving no dicloran and
formetanate hydrochloride registrations for those uses. Also, in
accordance with current Agency practice, EPA is making minor revisions
to the tolerance expressions for dicloran and formetanate hydrochloride
and to specific tolerance nomenclatures for dicloran.

DATES: This regulation is effective July 11, 2012. Objections and
requests for hearings must be received on or before September 10, 2012,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0507, is available either
electronically through http://www.regulations.gov or in hard copy at
the OPP Docket in the Environmental Protection Agency Docket Center
(EPA/DC), located in EPA West, Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC 20460-0001. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPP Docket is<PHONE_NUMBER>. Please review
the visitor instructions and additional information about the docket
available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under the Federal Food, Drug, and Cosmetic Act (FFDCA) section
408(g), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
You must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2011- 0507 in the subject line on the first page of your submission.
All objections and requests for a hearing must be in writing, and must
be received by the Hearing Clerk on or before September 10, 2012.
Addresses for mail and hand delivery of objections and hearing requests
are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2011-0507, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

A. What action is the Agency taking?

    In the Federal Register of March 28, 2012 (77 FR 18748) (FRL-9340-
9), EPA issued a rule that proposed to revoke certain tolerances for
the fungicide dicloran and the insecticide formetanate hydrochloride in
follow-up to amended registrations that deleted specific uses, leaving
no dicloran and formetanate hydrochloride registrations for those uses,
and make minor revisions to the tolerance expressions for dicloran and
formetanate hydrochloride and to specific tolerance nomenclatures for
dicloran. Also, the proposed rule of March 28, 2012 provided a 60-day
comment period which invited public comment for consideration and for
support of tolerance retention under FFDCA standards.
    In this final rule, EPA is revoking certain tolerances because
either they are no longer needed or are associated with food uses that
are no longer registered under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) in the United States. Those instances where
registrations were canceled were because the registrant failed to pay
the required maintenance fee and/or the registrant voluntarily
requested cancellation of one or more registered uses of the pesticide
active ingredient. The tolerances revoked by this final rule are no
longer necessary to cover residues of the relevant pesticides in or on
domestically treated commodities or commodities treated outside but
imported into the United States. It is EPA's general practice to issue
a final rule revoking those tolerances and tolerance exemptions for
residues of pesticide active ingredients on crop uses for which there
are no active registrations under FIFRA, unless any person in comments
on the proposal indicates a need for the tolerance or tolerance
exemption to cover residues in or on imported commodities or legally
treated domestic commodities.
    EPA has historically been concerned that retention of tolerances
that are not necessary to cover residues in or on

legally treated foods may encourage misuse of pesticides within the
United States.
    Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
    1. Prior to EPA's issuance of a FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA section 408(d) or (e)
order revoking the tolerances on other grounds, commenters retract the
comment identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer
needed.
    3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under the Food Quality Protection Act
(FQPA).
    In response to the proposed rule published in the Federal Register
of March 28, 2012 (77 FR 18748), EPA received no comments during the
60-day public comment period. Therefore, EPA is finalizing the actions
proposed concerning dicloran and formetanate hydrochloride in the
Federal Register of March 28, 2012 (77 FR 18748) (FRL-9340-9). For a
detailed discussion of the Agency's rationale for the finalized
tolerance actions, refer to the proposed rule of March 28, 2012.

B. What is the Agency's authority for taking this action?

    EPA's general practice is to revoke tolerances for residues of
pesticide active ingredients on crops for which FIFRA registrations no
longer exist and on which the pesticide may therefore no longer be used
in the United States. EPA has historically been concerned that
retention of tolerances that are not necessary to cover residues in or
on legally treated foods may encourage misuse of pesticides within the
United States. Nonetheless, EPA will establish and maintain tolerances
even when corresponding domestic uses are canceled if the tolerances,
which EPA refers to as ``import tolerances,'' are necessary to allow
importation into the United States of food containing such pesticide
residues. However, where there are no imported commodities that require
these import tolerances, the Agency believes it is appropriate to
revoke tolerances for unregistered pesticides in order to prevent
potential misuse.

C. When do these actions become effective?

    As stated in the DATES section, this final rule is effective July
11, 2012. However, EPA is revoking the dicloran tolerance on potato
with an expiration/revocation date of December 31, 2014 and the
formetanate hydrochloride tolerances on apple; apple, wet pomace;
peach; and pear with expiration/revocation dates of December 31, 2013.
The Agency believes that these expiration/revocation dates allow users
to exhaust stocks and allow sufficient time for passage of treated
commodities through the channels of trade.
    Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this unit, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for formetanate hydrochloride
or MRL for dicloran in or on potatoes.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted this type of action (i.e., a tolerance revocation for which
extraordinary circumstances do not exist) from review under Executive
Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this rule has been exempted from review under
Executive Order 12866 due to its lack of significance, this rule is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does
it require any special considerations as required by Executive Order
12898, entitled ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629, February
16, 1994); or OMB review or any other Agency action under Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not involve any technical standards that would require
Agency consideration of voluntary consensus standards pursuant to
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law 104-13, section 12(d) (15 U.S.C. 272 note).
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed whether revocations of tolerances
might significantly impact a substantial number of small entities and
concluded that, as a general matter, these actions do not impose a
significant economic impact on a substantial number of small entities.
This analysis was published on December 17, 1997 (62 FR 66020) (FRL-
5753-1), and was provided to the Chief Counsel for Advocacy of the
Small Business Administration. Taking into account this analysis and
available information concerning the pesticides listed in this rule,
the Agency hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
In a memorandum dated May 25, 2001, EPA determined that eight
conditions must all be satisfied in order for an import tolerance or
tolerance exemption revocation to adversely affect a significant number
of small entity importers, and that there is a negligible

joint probability of all eight conditions holding simultaneously with
respect to any particular revocation. (This Agency document is
available in the docket of the proposed rule, as mentioned in Unit
II.A.). Furthermore, for the pesticides named in this final rule, the
Agency knows of no extraordinary circumstances that exist as to the
present revocations that would change EPA's previous analysis. In
addition, the Agency has determined that this action will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, 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, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: July 2, 2012.
Steven Bradbury,
Director, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Revise Sec.  180.200 to read as follows:

Sec.  180.200  Dicloran; tolerances for residues.

    (a) General. Tolerances are established for residues of the
fungicide dicloran, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only dicloran, 2,6-dichloro-4-nitroaniline, in or on the
commodity.

------------------------------------------------------------------------
                                       Parts per   Expiration/revocation
              Commodity                 million             date
------------------------------------------------------------------------
Apricot.............................        20     None.
Bean, snap, succulent...............        20     None.
Carrot, roots.......................        10     11/2/11.
Celery..............................        15     None.
Cherry, sweet.......................        20     None.
Cucumber............................         5     None.
Endive..............................        10     None.
Garlic..............................         5     None.
Grape...............................        10     None.
Lettuce.............................        10     None.
Nectarine...........................        20     None.
Onion...............................        10     None.
Peach...............................        20     None.
Plum, prune, fresh..................        15     None.
Potato..............................         0.25  12/31/14.
Rhubarb.............................        10     None.
Sweet potato, roots.................        10     None.
Tomato..............................         5     None.
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved].
    (c) Tolerances with regional registrations. [Reserved].
    (d) Indirect or inadvertent residues. [Reserved].

0
3. Revise Sec.  180.276 to read as follows:

Sec.  180.276  Formetanate hydrochloride; tolerances for residues.

    (a) General. Tolerances are established for residues of the
insecticide formetanate hydrochloride, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only formetanate hydrochloride, N,N-
dimethyl-N'-[3-[(methylamino)carbonyl]oxy]phenyl]methanimidamide
hydrochloride, in or on the commodity.

------------------------------------------------------------------------
                                       Parts per   Expiration/revocation
              Commodity                 million             date
------------------------------------------------------------------------
Apple...............................         0.50  12/31/13.
Apple, wet pomace...................         1.5   12/31/13.
Grapefruit..........................         1.5   None.
Lemon...............................         0.60  None.
Lime................................         0.03  None.
Nectarine...........................         0.40  None.
Orange..............................         1.5   None.
Peach...............................         0.40  12/31/13.
Pear................................         0.50  12/31/13.
Tangelo.............................         0.03  None.
Tangerine...........................         0.03  None.
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved].
    (c) Tolerances with regional registrations. [Reserved].
    (d) Indirect or inadvertent residues. [Reserved].

[FR Doc. 2012-16961 Filed 7-10-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Pages 53234-53236]
[FR Doc No: 2014-21251]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72959; File No. SR-CME-2014-28]

Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing of Proposed Rule Change, as Modified by Amendment No.
2 Thereto, Related to Enhancements to Its Risk Model for Credit Default
Swaps

September 2, 2014.
    Pursuant to the Section 19(b)(1) of the Securities Exchange Act of
1934 (``Exchange Act'' or ``Act'') \1\ and Rule 19b-4 thereunder,\2\
notice is hereby given that on September 2, 2014, Chicago Mercantile
Exchange Inc. (``CME'') filed with the Securities and Exchange
Commission (``Commission'') Amendment No. 2 to its previously submitted
proposed rule change related to proposed enhancements to its risk model
for broad-based index credit default swap (``CDS'') products.\3\
Amendment No. 2 is intended to describe CME's proposed CDS specific
risk model framework applicable only to broad-based index CDS and also
provide further description and detail of certain aspects of the
proposed rule change as described in Items I, II and III below, which
Items have been prepared primarily by CME (the ``CDS Risk Model Filing
Amendment'').\4\ The Commission is publishing this notice to solicit
comments on the CDS Risk Model Filing Amendment from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-72834 (Aug. 13,
2014), 79 FR 48805 (Aug. 18, 2014) (SR-CME-2014-28) (hereinafter
referred to as the ``CDS Risk Model Filing'').
    \4\ On August 18, 2014, CME filed Amendment No. 1 to the
proposed rule change. CME withdrew Amendment No. 1 on August 29,
2014.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    On August 8, 2014, CME submitted to the Commission the CDS Risk
Model Filing pursuant to which CME proposes to enhance its risk model
for CDS (the ``CDS Risk Model'' and such enhanced model, the ``Proposed
CDS Risk Model'') to enable CME to offer clearing of additional CDS
instruments.\5\ The CDS Risk Model Filing is currently pending
regulatory approval by the Commission. The purpose of the CDS Risk
Model Filing Amendment is to propose the adoption of a CDS specific
risk model framework applicable only to broad-based index CDS (the
``CME CDS Risk Model Framework'') and also provide further description
and detail of certain aspects of the Proposed CDS Risk Model contained
within the CDS Risk Model Filing. The CDS Risk Model Filing Amendment
should be read in conjunction with the CDS Risk Model Filing. All
capitalized terms not defined herein shall have the meaning given to
them in the CDS Risk Model Filing.
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    \5\ See supra note 3.
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    The text of the proposed amendment is also available at the CME's
Web site at http://www.cmegroup.com, at the principal office of CME,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, CME included statements
concerning the purpose and basis for the proposed amendment and
discussed any comments it received on the proposed amendment. The text
of these statements may be examined at the places specified in Item IV
below. CME 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
    Pursuant to this CDS Risk Model Filing Amendment, CME proposes to
adopt a CME CDS Risk Model Framework for broad-based index CDS and also
intends to provide further description and detail of certain aspects of
the Proposed CDS Risk Model described in the CDS Risk Model Filing as
further discussed below. CME also proposes to make changes to the
Manual of Operations for CME Cleared Credit Default Swaps (the ``CDS
Manual'') in connection with the proposed CME CDS Risk Model Framework.
1. CME CDS Risk Model Framework
    In connection with the adoption of the Proposed CDS Risk Model, CME
also proposes to adopt the CME CDS Risk Model Framework. The proposed
CME CDS Risk Model Framework would apply only to broad-based index CDS
products cleared by CME and would not apply to security-based swaps.
CME will file a proposed rule change with the SEC in the future to
implement any proposed CDS risk model applicable to the clearing of
security-based swaps. The proposed CME CDS Risk Model Framework
contains the details of the Proposed CDS Risk Model and existing
policies relating to governance, back testing and stress testing for
CDS products.
1.1 Governance
    The proposed CME CDS Risk Model Framework would be governed by the
CDS Risk Committee, the Stress Testing Committee and senior risk
management of CME. CDS Risk Committee approval is required for all
material changes to the CDS Risk Model Framework, CDS stress testing
framework, and CDS back-testing framework. Any changes to the
parameters of the CDS Margin Model or CDS stress tests are approved by
the Stress Testing Committee or a senior member of the Stress Testing
Committee.
1.2 CDS Risk Model Framework for Cleared CDS
    The proposed CME CDS Risk Model Framework includes CME's proposed
enhancements to the CDS Risk Model for CDS as set forth in the CDS Risk
Model Filing. In addition, CME notes that the Post Credit Risk
Requirement within the Proposed CDS Risk Model is the same as the post-
default charge in the current CDS Risk Model, but also applies to
additional credit events such

as restructuring and governmental intervention. CME addresses the risk
of any CDS position referencing an entity, which has experienced a
credit event as determined by the CDS contract definitions, through the
post credit event risk requirement.
1.3 CDS Back-Testing
    The proposed CME CDS Risk Model Framework details CME's existing
back testing practices for the CDS contracts it clears. CME maintains a
back-testing methodology for monitoring and testing the adequacy of its
margin and/or stress requirements for CDS portfolios. CME performs
back-testing on actual and hypothetical portfolios. CME performs daily
performance bond coverage back-testing and any breaches are escalated
to senior risk management. CME also conducts ad-hoc and event driven
back-testing on an as needed basis. Back-testing results are reviewed
by the Stress Testing Committee and can result in changes to model
parameters or data calibration.
1.4 CDS Stress Testing
    The proposed CME CDS Risk Model Framework details CME's existing
stress testing practices for cleared CDS. CME performs stress testing
at least daily and on an ad-hoc basis as appropriate. A stressed
extension of the margin model is used to size the CDS Guaranty Fund and
CDS Assessments to reflect the necessary financial safeguards under
extreme but plausible market conditions. As discussed in the CDS Risk
Model Filing, the stress model addresses self-referencing risk arising
from contracts that include component transactions for which the
reference entity is a clearing member or one of its affiliates. CME
also performs reverse stress testing to identify hypothetical market
conditions and stress events which might result in depletion of CME's
funded and/or unfunded financial resources for CDS Clearing. CME
performs sensitivity analysis on exposures of clearing member
portfolios to changes in a representative set of material risk model
parameters. Stress testing results are reviewed by the stress testing
committee.
    Post implementation of the Proposed CDS Risk Model, CME's financial
resources for CDS (inclusive of performance bond, CME's corporate
contribution for CDS, CDS Guaranty Fund and CDS SR Deposits) would
continue to enable CME to maintain sufficient financial resources to
withstand a default by the two CDS Clearing Member families to which it
has the largest exposures in extreme but plausible market conditions as
required by Rule 17Ad-22(b)(3).\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.17Ad-22(b)(3).
---------------------------------------------------------------------------

2. CDS Manual of Operations
    In connection with the implementation of the proposed CME CDS Risk
Model Framework, CME is deleting Chapters 7 (CDS Margining) and 10 (CDS
Guaranty Fund Calculation) in the CDS Manual which relate to outdated
aspects of the CDS Risk Model.
(2) Statutory Basis
    CME believes the Proposed CDS Risk Model, proposed CME CDS Risk
Model Framework and the proposed changes to the CDS Manual are
consistent with the requirements of the Exchange Act, including Section
17A of the Exchange Act \7\ and the applicable regulations thereunder.
The Proposed CDS Risk Model, proposed CME CDS Risk Model Framework and
the proposed changes to the CDS Manual are designed to promote the
prompt and accurate clearance and settlement of securities transactions
and, to the extent applicable, derivatives agreements, contracts, and
transactions, to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible, and, in general, to protect investors and the public
interest consistent with Section 17A(b)(3)(F) of the Exchange Act.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Proposed CDS Risk Model, proposed CME CDS Risk Model Framework
and the proposed changes to the CDS Manual accomplish these objectives
because they are intended to more accurately capture different sources
of risk through a holistic and theoretically coherent scenario-based
approach that is driven by conservative statistical assumptions, which
in turn allows CME to appropriately cover the risk of a wide range of
theoretical and production portfolios under extreme but plausible
market conditions and in historical back testing, going back to 2008.
In particular, the Proposed CDS Risk Model, proposed CME CDS Risk Model
Framework and the proposed changes to the CDS Manual will enhance CME's
margin methodology by more accurately addressing F/X risk and self-
referencing risk presented by clearing index CDS contracts.
    CME will also promote the efficient use of margin for the
clearinghouse and its Clearing Members and their customers, by enabling
CME to provide appropriate portfolio margining treatment between index
and single-name CDS positions and as such contribute to the
safeguarding of securities and funds in CME's custody or control or for
which CME is responsible and the protection of investors.\9\
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

    CME also believes the Proposed CDS Risk Model, proposed CME CDS
Risk Model Framework and the proposed changes to the CDS Manual are
consistent with the requirements of 17Ad-22 of the Exchange Act.\10\ In
particular, in terms of financial resources, CME believes that the
Proposed CDS Risk Model, proposed CME CDS Risk Model Framework and the
proposed changes to the CDS Manual will continue to ensure sufficient
margin to cover its credit exposure to its clearing members, consistent
with the requirements of Rule 17Ad-22(b)(2) \11\ and Rule 17Ad-
22(d)(14) \12\ and that the CDS Guaranty Fund contributions and
required margin, both as modified by the proposed rule change, will
provide sufficient financial resources to withstand a default by the
two participant families to which it has the largest exposures in
extreme but plausible market conditions consistent with the
requirements of Rule 17Ad-22(b)(3).\13\ In addition, CME believes that
the Proposed CDS Risk Model, proposed CME CDS Risk Model Framework and
the proposed changes to the CDS Manual are consistent with CME's
requirement to limit its exposures to potential losses from defaults by
its participants under normal market conditions pursuant to 17Ad-
22(b)(1).\14\ CME also believes that the Proposed CDS Risk Model,
proposed CME CDS Risk Model Framework and the proposed changes to the
CDS Manual will continue to allow for it to take timely action to
contain losses and liquidity pressures and to continue meeting its
obligations in the event of clearing member insolvencies or defaults,
in accordance with Rule 17Ad-22(d)(11).\15\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17Ad-22.
    \11\ 17 CFR 240.17Ad-22(b)(2).
    \12\ 17 CFR 240.17Ad-22(d)(14).
    \13\ 17 CFR 240.17Ad-22(b)(3).
    \14\ 17 CFR 240.17Ad-22(b)(1).
    \15\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

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

    CME does not believe that the Proposed CDS Risk Model, proposed CME
CDS Risk Model Framework and the proposed changes to the CDS Manual
will have any impact, or impose

any burden, on competition. The Proposed CDS Risk Model and proposed
CME CDS Risk Model Framework reflect enhancements to CME's CDS Risk
Model. CME does not believe that any increase in margin or CDS Guaranty
Fund contributions, would significantly affect the ability of Clearing
Members or other market participants to continue to clear CDS,
consistent with the risk management requirements of CME, or otherwise
limit market participants' choices for selecting clearing services. For
the foregoing reasons, the Proposed CDS Risk Model, proposed CME CDS
Risk Model Framework and the proposed changes to the CDS Manual do not,
in CME's view, impose any unnecessary or inappropriate burden on
competition.

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

    Written comments relating to the CDS Risk Model Filing Amendment
have not been solicited or received. CME will notify the Commission of
any written comments received by CME.

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

    Within 45 days of the date of publication of notice of the CDS Risk
Model Filing \16\ in the Federal Register or within such longer period
up to 90 days (i) as the Commission may designate if it finds such
longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
---------------------------------------------------------------------------

    \16\ See supra note 3.
---------------------------------------------------------------------------

    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CME-2014-28 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CME-2014-28. 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 or
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 CME and on CME's
Web site at http://www.cmegroup.com/market-regulation/rule-filings.html.
    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-CME-2014-28
and should be submitted on or before September 18, 2014.\17\
---------------------------------------------------------------------------

    \17\ The Commission believes that a 10-day comment period is
reasonable, given the nature and content of the amendment. It will
provide adequate time for comment.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21251 Filed 9-5-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 14, 2009 (Volume 74, Number 197)]
[Proposed Rules]
[Page 52717]
[DOCID:fr14oc09-31]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0339; FRL-8947-3]

Revisions to the Arizona State Implementation Plan, Maricopa
County Air Quality Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Maricopa County
Air Quality Department (MCAQD) portion of the Arizona State
Implementation Plan (SIP). These revisions concern particulate matter
(PM) emissions and precursors from steam generating units, cogeneration
units, stationary gas turbines, process heaters and internal combustion
engines. We are proposing to approve local rules to regulate these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).

DATES: Any comments on this proposal must arrive by November 13, 2009.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2009-0339], by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at
http:[sol][sol]www.regulations.gov, including any personal information
provided, unless the comment includes Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through
http:[sol][sol]www.regulations.gov or e-mail.
http:[sol][sol]www.regulations.gov is an ``anonymous access'' system,
and EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send e-mail directly to
EPA, your e-mail address will be automatically captured and included as
part of the public comment. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http:[sol][sol]www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed in the index, some information
may be publicly available only at the hard copy location (e.g.,
copyrighted material), and some may not be publicly available in either
location (e.g., CBI). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Idalia Perez, EPA Region IX, (415)
972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: 322, Power Plant Operations, 323, Fuel Burning Equipment from
Industrial/Commercial/Institutional (ICI) Sources and 324, Stationary
Internal Combustion (IC) Engines. In the Rules and Regulations section
of this Federal Register, we are approving these local rules in a
direct final action without prior proposal because we believe these SIP
revisions are not controversial. If we receive adverse comments,
however, we will publish a timely withdrawal of the direct final rule
and address the comments in subsequent action based on this proposed
rule. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: July 10, 2009.
Jane Diamond,
Deputy Regional Administrator, Region IX.
[FR Doc. E9-24548 Filed 10-13-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 4, 2006 (Volume 71, Number 232)]
[Notices]
[Page 70372-70373]
[DOCID:fr04de06-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-74-000]

Dauphin Island Gathering Partners; Notice of Proposed Changes in
FERC Gas Tariff

November 24, 2006.
    Take notice that on November 20, 2006, Dauphin Island Gathering
Partners (Dauphin Island) tendered for filing as part of its FERC Gas
Tariff, First Revised Volume No. 1, the revised tariff sheets listed
below to become effective December 21, 2006:

First Revised Sheet No. 5
First Revised Sheet No. 33
Third Revised Sheet No. 50
First Revised Sheet No. 89
Third Revised Sheet No. 115
First Revised Sheet No. 284
Second Revised Sheet No. 286
Second Revised Sheet No. 315
First Revised Sheet No. 342
First Revised Sheet No. 344
First Revised Sheet No. 358

    Dauphin Island states that these tariff sheets reflect numerous
housekeeping changes to Dauphin Island's tariff.
    Dauphin Island states that copies of the filing are being served
contemporaneously on its customers and other interested parties.
    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 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 in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). 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 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. E6-20464 Filed 12-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68069-68071]
[FR Doc No: 2016-23749]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78946; File No. SR-BOX-2016-45]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing of Proposed Rule Change To Amend the Treatment of Quotes To
Provide That All Quotes on BOX Are Liquidity Adding Only

September 27, 2016.
    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 September 13, 2016, BOX Options Exchange LLC (the ``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 prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule 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 Exchange proposes to amend Rule 8050 to amend the treatment of
quotes to provide that all quotes on BOX are liquidity adding only. The
text of the proposed rule change is available from the principal office
of the Exchange, at the Commission's Public Reference Room and also on
the Exchange's Internet Web site at http://boxexchange.com.

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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text

of these statements may be examined at the places specified in Item IV
below. The self-regulatory organization has prepared summaries, set
forth in Sections A, B, and C below, of the most significant aspects of
such statements.

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 the treatment of incoming quotes to
BOX so that they are only accepted if they are liquidity adding.\3\
Specifically, the Exchange is proposing that all quotes and quote
updates after the opening that are submitted by Market Makers on the
Exchange will only be accepted by the Trading Host \4\ if they will add
liquidity to the BOX Book.\5\
---------------------------------------------------------------------------

    \3\ See proposed IM-8050-3 to Rule 8050.
    \4\ The term ``Trading Host'' means the automated trading system
used by BOX for the trading of options contracts. See Rule
100(a)(66).
    \5\ The term ``Central Order Book'' or ``BOX Book'' means the
electronic book of orders on each single option series maintained by
the BOX Trading Host. See Rule 100(a)(10).
---------------------------------------------------------------------------

    Currently, on the Exchange, an incoming quote from a Market Maker
can take liquidity. Specifically, an incoming quote that is executable
against an interest on the BOX Book, whether it is a resting order or
quote, will execute against such interest. The Exchange is now
proposing that if an incoming quote or quote update is marketable
because it would execute against a resting order or quote on the BOX
Book, it will be rejected. The Exchange will not reject incoming quotes
during the opening of the market.\6\ Therefore, all quotes accepted by
the Trading Host after the opening will be liquidity adding only. As is
the case today, rejected quotes will not be considered when determining
a Market Maker's quoting obligations.\7\
---------------------------------------------------------------------------

    \6\ Transactions occurring on the opening are deemed to neither
add nor remove liquidity and therefore are exempt from the liquidity
fees and credits on the Exchange. See Section II.C. of the BOX Fee
Schedule.
    \7\ On a daily basis, a Market Maker must, during regular market
hours, make markets and enter into any resulting transactions
consistent with the applicable quoting requirements, such that on a
daily basis a Market Maker must post valid quotes at least sixty
percent (60%) of the time that the classes are open for trading.
These obligations apply to all of the Market Maker's appointed
classes collectively, rather than on a class-by-class basis. See
Rule 8050(e). See also Rule 8040.
---------------------------------------------------------------------------

    The Exchange believes that this proposed change will strengthen the
market at BOX and better align market making activity with its intended
purpose, which is to provide liquidity to the market.\8\ This proposal
will benefit market participants as it has the potential to provide for
more robust quoting on the Exchange. The Exchange notes that Market
Makers will still be able to execute against resting orders and quotes
on the BOX Book. Specifically, a Market Maker can still submit an order
to execute against resting liquidity on the BOX Book.\9\ Additionally,
Market Makers will still be permitted to submit orders in and out of
their appointed classes. This will provide Market Makers with the
ability to take liquidity on BOX.
---------------------------------------------------------------------------

    \8\ The concept of having liquidity adding only mechanisms
available for market participants is not a new one; other exchanges
currently offer liquidity adding only order types. See International
Securities Exchange, LLC (``ISE'') Rule 715(n) and NYSE Arca
Options, Inc. (``NYSE Arca'') Rule 6.62(t).
    \9\ Market Makers will have one interface to submit quotes to
BOX and another interface they can utilize for submitting orders.
---------------------------------------------------------------------------

    The proposed rule change also amends the treatment of incoming
quotes after they interact with the Price Improvement Period (``PIP'').
Currently, when an incoming quote is on the same side as a PIP
Order,\10\ it may cause the PIP to end early, if, at the time of
submission, the price of the incoming quote satisfies certain criteria
outlined in Rule 7150(i). Under the proposal, the incoming quote will
continue to cause the PIP to end early if the conditions of Rule
7150(i) exist. However, after the PIP is concluded, if the incoming
quote would execute against resting orders or quotes on the BOX Book,
it will be rejected. Additionally, when an incoming quote on the
opposite side of the PIP Order is received such that it would cause an
execution to occur prior to the end of the PIP, the incoming quote
shall be immediately executed pursuant to Rule 7150(j). In order for
the incoming quote on the opposite side of the PIP Order to execute
against the PIP Order, the conditions of Rule 7150(j) must be met.
Under the proposal, any remaining balance of the incoming quote that
did not execute against the PIP Order, and that would execute against a
resting order or quote on the BOX Book, will be rejected. The Exchange
is not proposing to change the interaction of an incoming quote with a
PIP Order; the Exchange is simply clarifying how the proposal will
affect quotes after they interact with the PIP Order.
---------------------------------------------------------------------------

    \10\ Options Participants, both Order Flow Providers and Market
Makers, executing agency orders may designate Market Orders and
marketable limit Customer Orders for price improvement and
submission to the PIP. Customer Orders designated for the PIP (``PIP
Orders'') shall be submitted to BOX with a matching contra order
equal to the full size of the PIP Order. See Rule 7150.
---------------------------------------------------------------------------

    The Exchange will provide Participants with notice, via Information
Circular, about the implementation date of this proposed change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed change will better align market making
on BOX with its intended purpose of providing liquidity to the market.
A Market Maker that is submitting quotes is doing so to create a
market, not take a market. As such, the Exchange believes that the
proposed change will add value to market making on BOX, which will
benefit investors and the public, and therefore, the Exchange believes
that the proposed change will remove impediments to and perfect the
mechanism of a free and open market and a national market system. The
Exchange believes that if a Market Maker's quote takes liquidity
against the BOX Book, it was unintentional. If the Market Maker wanted
to take the order or quote on the BOX Book, he would do so with an
order, not a quote. As such, the Exchange believes that the proposed
rule change will remove impediments to and perfect the mechanism of a
free and open market and a national market system. The Exchange notes
that Market Makers will still be permitted to submit orders in and out
of their appointed classes. This will provide Market Makers with the
ability to take liquidity on BOX. Lastly, Market Makers will still be
subject to the obligations detailed in BOX Rules 8040 and 8050. The
Exchange believes that the proposed changes have no material impact on
a Market Maker's obligations pursuant to BOX Rules 8040 and 8050.
    The Exchange believes that the proposed change will protect
investors and the public interest by providing a more robust market.
The Exchange believes that the proposed rule change will lead to
enhanced liquidity on the Exchange, which in turn will benefit and
protect investors and the public interest through the potential for
greater

volume of orders and executions on BOX.
    The Exchange notes that a Market Maker's obligation to provide
continuous two-sided quotes on a daily basis is not diminished by the
proposed change. A Market Maker will still be required to provide
continuous two-sided quotes on a daily basis and quotes will still
expire at the end of the day. Even though rejected quotes will not be
considered when determining a Market Maker's quoting obligations, due
to the fact that a Market Maker's quote very rarely ever takes
liquidity on BOX,\13\ the Exchange believes that the proposed rule
change will not have a material effect on a Market Maker's quoting
ability or a Market Maker's quoting requirements outlined in BOX Rule
8050. Lastly, the Exchange notes that Market Makers will still be able
to send orders in and out of classes to which they are appointed.
---------------------------------------------------------------------------

    \13\ It is the Exchange's understanding that generally when a
Market Maker's quote takes liquidity, it was done unintentionally.
Specifically, it occurs when the price of the underlying security
updates, but the Market Maker did not update the incoming quote to
reflect the new price of the underlying security. When Market Makers
wish to take liquidity they do so by sending an order to the
Exchange, not a quote. When a Market Maker sends a quote to the
Exchange it is done as part of a bulk quote message with numerous
other quotes and quote updates; this is why it is more efficient for
a Market Maker to use an order when it is looking to take liquidity.
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act. BOX believes the proposal will
add value to market making on BOX. The Exchange does not believe the
proposal will impose a burden on competition among the options
exchanges because of vigorous competition for order flow among the
options exchanges. The Exchange competes with many other options
exchanges. In this highly competitive market, market participants can
easily and readily direct order flow to competing venues. The proposal
does not impose an undue burden on intramarket competition because the
proposed change will apply to all Market Makers on BOX. The Exchange
does not believe that the proposed restriction on Market Maker quotes
will impose an undue burden on Market Makers because they will continue
to be permitted to submit orders which can take liquidity. The Exchange
does not believe that the proposed rule change will provide Market
Makers with any advantage over other Participants. The Exchange notes
that although it does not have liquidity adding orders, Participants
can easily add liquidity by submitting orders as they currently do
today. The Exchange also notes that other exchanges already have
liquidity adding only mechanisms for market participants; \14\
therefore, the Exchange does not believe this proposal imposes an undue
burden on inter-market competition.
---------------------------------------------------------------------------

    \14\ See supra note 8.
---------------------------------------------------------------------------

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2016-45 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2016-45. 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 will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2016-45 and should be
submitted on or before October 24, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23749 Filed 9-30-16; 8:45 am]
 BILLING CODE 8011-01-P