[Federal Register Volume 77, Number 17 (Thursday, January 26, 2012)]
[Notices]
[Pages 4031-4032]
[FR Doc No: 2012-1611]

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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: EC12-59-000.
    Applicants: Old Trail Wind Farm, LLC, Telocaset Wind Power
Partners, LLC, High Prairie Wind Farm II, LLC, Cloud County Wind Farm,
LLC, Pioneer Prairie Wind Farm I, LLC, Sagebrush Power Partners, LLC,
Arlington Wind Power Project LLC, Marble River, LLC, Flat Rock
Windpower LLC, Blue Canyon Windpower LLC, Wheat Field Wind Power
Project LLC, Lost Lakes Wind Farm LLC, Blue Canyon Windpower V LLC,
Blackstone Wind Farm LLC, Meadow Lake Wind Farm IV LLC, Blackstone Wind
Farm II LLC, Blue Canyon Windpower II LLC, High Trail Wind Farm, LLC,
Meadow Lake Wind Farm LLC, Meadow Lake Wind Farm II LLC, Meadow Lake
Wind Farm III LLC, Rail Splitter Wind Farm, LLC, Flat Rock Windpower II
LLC, Paulding Wind Farm II LLC, Blue Canyon Windpower VI LLC, China
Three Gorges Corporation, China Three Gorges International (Europe)
S.A.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for Expedited Action of Arlington
Wind Power Project LLC, et al.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5259.
    Comments Due: 5 p.m. ET 2/7/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3876-001; ER11-2044-002; ER10-2611-001.
    Applicants: Cordova Energy Company, LLC, MidAmerican Energy
Company, Saranac Power Partners, L.P.
    Description: Revised Attachment B to replace Attachment B in
Applicant's June 30 market analysis f Cordova Energy Company LLC, et
al.
    Filed Date: 7/6/11.
    Accession Number: 20110706-5086.
    Comments Due: 5 p.m. ET 1/25/12.

    Docket Numbers: ER12-817-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 01-17-12 RAR Compliance Filing to be
effective 7/28/2010.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5229.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-818-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company submits tariff filing per
35.13(a)(2)(iii: Arlington Valley Solar II IA to be effective 1/13/
2012.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5243.
    Comments Due: 5 p.m. ET 2/7/12.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF12-164-000.
    Applicants: Smithfield Packing Company.
    Description: Form 556--Notice of self-certification as qualifying
cogeneration facility status.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5199.
    Comments Due: None Applicable.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RD11-3-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Compliance Filing of the North American Electric
Reliability Corporation in Response to November 17, 2011 Order
Approving Reliability Standard FAC-013-2--Assessment of Transfer
Capability for the Near-Term Transmission Planning Horizon.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5202.
    Comments Due: 5 p.m. ET 2/16/12.

    Docket Numbers: RD11-10-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Compliance Filing of the North American Electric
Reliability Corporation in Response to November 17, 2011 Order
Approving Reliability Standard FAC-008-3--Facility Ratings.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5203.
    Comments Due: 5 p.m. ET 2/16/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 18, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-1611 Filed 1-25-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]
[Page 36428-36429]
[DOCID:fr25jn10-76]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]

Peripheral and Central Nervous System Drugs Advisory Committee;
Notice of Meeting

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Peripheral and Central Nervous System Drugs
Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on August 11, 2010, from 8
a.m. to 5 p.m.
    Location: Hilton Washington DC/Silver Spring, The Ballrooms, 8727
Colesville Rd.. Silver Spring, MD. The hotel telephone number is 301-
589-5200.
    Contact Person: Diem-Kieu Ngo, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), code<PHONE_NUMBER>. Please call the Information Line for up-to-date
information on this meeting. A notice in the Federal Register about
last minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the agency's Web site
and call the appropriate advisory committee hot line/phone line to
learn about possible modifications before coming to the meeting.
    Agenda: On August 11, 2010, the committee will discuss new drug
application (NDA) 22-345, with the proposed trade name POTIGA
(ezogabine) Tablets, by Valeant Pharmaceuticals North America. The
proposed indication for this new drug product is adjunctive therapy in
patients with partial-onset seizures.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/
default.htm. Scroll down to the appropriate advisory committee link.

    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before July
28, 2010. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those desiring to make formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before July 20, 2010. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by July 21,
2010.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Diem-Kieu Ngo at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/
AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: June 18, 2010.
Thinh Nguyen,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2010-15504 Filed 6-24-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16802-16804]
[FR Doc No: 2018-07903]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0101; Airspace Docket No. 18-AGL-4]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Lansing, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface at Capital Region International
Airport, Lansing, MI. The FAA is proposing this action as a result of
an airspace review do to the decommissioning of the Lansing VHF
omnidirectional range (VOR) navigation aid as part of the VOR Minimum
Operational Network (MON) Program. The geographic coordinates and name
of the airport would also be updated to coincide with the FAA's

aeronautical database. An editorial change would also be made to the
legal designation by removing the city from the airport name.

DATES: Comments must be received on or before June 1, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0101; Airspace Docket No. 18-AGL-4, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace extending upward from 700 feet above
the surface at Capital Region International Airport, Lansing, MI, to
support instrument flight rule operations.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0101;
Airspace Docket No. 18-AGL-4.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface to within a 6.8-mile radius
(increased from a 6.7-mile radius) at Capital Region International
Airport (formerly Capital City Airport), Lansing, MI; removing the
extension to the east of the airport associated with the ARTDA LOM;
adding an extension within 2 miles each side of the 091[deg] bearing
from the airport from the 6.8-mile radius to 10.4 mile east of the
airport; and adding an extension within 4 miles each side of the
233[deg] from the airport from the 6.8-mile radius to 10.5 miles
southwest of the airport.
    The name of the airport would also be updated from Capital City
Airport to Capital Region International Airport, and the geographic
coordinates of the airport would be updated to coincide with the FAA's
aeronautical database. Additionally, an editorial change would be made
removing the name of the city associated with the airport in the legal
designation to comply with a recent change to FAA Order 7400.2L,
Procedures for Handling Airspace Matters.
    This action is necessary as the result of airspace review do to the
decommissioning of the Lansing VOR as part of the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are

necessary to keep them operationally current, is non-controversial and
unlikely to result in adverse or negative comments. It, therefore: (1)
Is not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Lansing, MI [Amended]

Capital Region International Airport, MI
    (Lat. 42[deg]46'43'' N, long. 84[deg]35'10'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Capital Region International Airport,
and within 2.0 miles each side of the 091[deg] bearing from the
airport extending from the 6.8-mile radius to 10.4 mile east of the
airport, and within 4.0 miles each side of the 233[deg] bearing from
the airport extending from the 6.8-mile radius to 10.5 miles
southwest of the airport.

    Issued in Fort Worth, Texas, on April 9, 2018.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-07903 Filed 4-16-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Rules and Regulations]
[Pages 44209-44210]
[FR Doc No: 2016-16014]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0493]

Safety Zone; Southern California Annual Fireworks for the San
Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the San Diego,
CA POPS Fireworks Display on the waters of San Diego Bay, CA on
specific evenings from July 1, 2016 to September 4, 2016. This safety
zone is necessary to provide for the safety of the participants,
spectators, official vessels of the events, and general users of the
waterway. Our regulation for the southern California annual fireworks
for the San Diego Captain of the Port Zone identifies the regulated
area for the events. During the enforcement period, no spectators shall
anchor, block, loiter in, or impede the transit of official patrol
vessels in the regulated area without the approval of the Captain of
the Port, or designated representative.

DATES: The regulations in 33 CFR 165.1123 will be enforced from 9:00
p.m. through 10:00 p.m. on July 1 through July 3, July 8 and July 9,
July 15 and July 16, July 29 and July 30, August 5 and August 6, August
12 and August 13, August 20, August 26 and August 27 and September 1
through September 4, 2016 for Item 1 in Table 1 of 33 CFR 165.1123.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
publication, call or email Petty Officer Randolph Pahilanga, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone 619-278-
7656, email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:  The Coast Guard will enforce the
regulations in 33 CFR 165.1123 for a safety zone on the waters of San
Diego Bay, CA for the San Diego, CA POPS Fireworks Display in 33 CFR
165.1123, Table 1, Item 1 of that section, from 9:00 p.m. through 10:00
p.m. on specific evenings from July 1, 2016 to September 4, 2016. This
enforcement action is being taken to provide for the safety of life on
navigable waterways during the fireworks events. Our regulation for
southern California annual fireworks events for the San Diego Captain
of the Port Zone identifies the regulated entities for the events.
Under the provisions of 33 CFR 165.1123, a vessel may not enter the
regulated area, unless it receives permission from the Captain of the
Port, or his designated representative. Spectator vessels may safely
transit outside the regulated area but may not anchor, block, loiter,
or impede the transit of participants or official patrol vessels. The
Coast Guard may be assisted by other Federal, state, or local law
enforcement agencies in enforcing this regulation.
    This document is issued under authority of 33 CFR 165.1123 and 5
U.S.C. 552(a). In addition to this document in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners and local advertising by the event sponsor.
    If the Captain of the Port or his designated representative
determines that the regulated area need not be enforced for the full
duration stated on this document, he or she may use a Broadcast Notice
to Mariners or other communications coordinated with the event sponsor
to grant general permission to enter the regulated area.

    Dated: June 22, 2016.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2016-16014 Filed 7-6-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3813-3816]
[FR Doc No: 2018-01362]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82547; File No. SR-BOX-2018-02]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Clarify the Manner in Which the Exchange Assesses Its Options
Regulatory Fee

January 19, 2018.
    Pursuant to Section 19(b)(1) under the Securities Exchange Act of
1934 (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on January 12, 2018, BOX Options Exchange LLC (the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposed rule change pursuant to Section
19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule to
clarify the manner in which the Exchange assesses its Options
Regulatory Fee (``ORF''). 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
website 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend the BOX Fee Schedule (the ``Fee
Schedule'') to clarify the manner in which the Exchange assesses its
Options Regulatory Fee (``ORF''). Currently, the Exchange charges an
ORF in the amount of $0.0038 per contract side. The proposed rule
change does not change the amount of the ORF, but instead modifies the
rule text to clarify how the ORF is assessed and collected. The
proposed rule change also aligns the ORF rule text of the Exchange to
rule text recently adopted by Miami International Securities Exchange
(``MIAX'').\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 81063 (June 30,
2017, 82 FR 31668 (July 7, 2017) (SR-MIAX-2017-31).
---------------------------------------------------------------------------

    The per-contract ORF will continue to be assessed by BOX Options to
each BOX Options Participant for all options transactions, cleared or
ultimately cleared by the BOX Options Participant that are cleared by
the Options Clearing Corporation (``OCC'') in the customer range,
regardless of the exchange on which the transaction occurs. The ORF
will be collected by OCC on behalf of BOX from either (1) a Participant
that was the ultimate clearing firm for the transaction or (2) a non-
Participant that was the ultimate clearing firm where a Participant was
the executing clearing firm for the transaction. The Exchange uses
reports from OCC to determine the identity of the executing clearing
firm and ultimate clearing firm.
    To illustrate how the ORF is assessed and collected, the Exchange
provides the following set of examples. If the transaction is executed
on the Exchange and the ORF is assessed, if there is no change to the
clearing account of the original transaction, then the ORF is collected
from the Participant that is the executing clearing firm for the
transaction. (The Exchange notes that, for purposes of the Fee
Schedule, when there is no change to the clearing account of the
original transaction, the executing clearing firm is deemed to be the
ultimate clearing firm.) If there is a change to the clearing account
of the original transaction (i.e., the executing clearing firm ``gives-
up'' or ``CMTAs'' the transaction to another clearing firm), then the
ORF is collected from the clearing firm that ultimately clears the
transaction--the ultimate clearing firm. The ultimate clearing firm may
be either a Participant or non-Participant of the Exchange. If the
transaction is executed on an away exchange and the ORF is assessed,
then the ORF is collected from the ultimate clearing firm for the
transaction. Again, the ultimate clearing firm may be either a
Participant or non-Participant of the Exchange. The Exchange notes,
however, that when the transaction is executed on an away exchange, the
Exchange does not assess the ORF when neither the executing clearing
firm nor the ultimate clearing firm is a Participant (even if a
Participant is ``given-up'' or ``CMTAed'' and then such Participant
subsequently ``gives-up'' or ``CMTAs'' the transaction to another non-
Participant via a CMTA

reversal). Finally, the Exchange will not assess the ORF on outbound
linkage trades, whether executed at the Exchange or an away exchange.
``Linkage trades'' are tagged in the Exchange's system, so the Exchange
can readily tell them apart from other trades. A customer order routed
to another exchange results in two customer trades, one from the
originating exchange and one from the recipient exchange.
    As a practical matter, when a transaction that is subject to the
ORF is not executed on the Exchange, the Exchange lacks the information
necessary to identify the order entering Participant for that
transaction. There are countless order entering market participants,
and each day such participants can and often do drop their connection
to one market center and establish themselves as participants on
another. For these reasons, it is not possible for the Exchange to
identify, and thus assess fees such as an ORF, on order entering
participants on away markets on a given trading day. Clearing members,
however, are distinguished from order entering participants because
they remain identified to the Exchange on information the Exchange
receives from OCC regardless of the identity of the order entering
participant, their location, and the market center on which they
execute transactions. Therefore, the Exchange believes it is more
efficient for the operation of the Exchange and for the marketplace as
a whole to collect the ORF from clearing members.
    As discussed below, the Exchange believes it is appropriate to
charge the ORF only to transactions that clear as customer at the OCC.
The Exchange believes that its broad regulatory responsibilities with
respect to a Participant's activities supports applying the ORF to
transactions cleared but not executed by a Participant. The Exchange's
regulatory responsibilities are the same regardless of whether a
Participant enters a transaction or clears a transaction executed on
its behalf. The Exchange regularly reviews all such activities,
including performing surveillance for position limit violations,
manipulation, front-running, contrary exercise advice violations and
insider trading. These activities span across multiple exchanges.
    The ORF is designed to recover a material portion of the costs to
the Exchange of the supervision and regulation of Participants'
customer options business, including performing routine surveillances
and investigations, as well as policy, rulemaking, interpretive and
enforcement activities. The Exchange believes that revenue generated
from the ORF, when combined with all of the Exchange's other regulatory
fees and fines, will cover a material portion, but not all, of the
Exchange's regulatory costs. The Exchange notes that its regulatory
responsibilities with respect to Participant compliance with options
sales practice rules have been allocated to the Financial Industry
Regulatory Authority (``FINRA'') under a 17d-2 Agreement. The ORF is
not designed to cover the cost of options sales practice regulation.
    The Exchange will continue to monitor the amount of revenue
collected from the ORF to ensure that it, in combination with its other
regulatory fees and fines, does not exceed the Exchange's total
regulatory costs. The Exchange will continue to monitor BOX Options
regulatory costs and revenues at a minimum on a semi-annual basis. If
the Exchange determines regulatory revenues exceed or are insufficient
to cover a material portion of its regulatory costs, the Exchange will
adjust the ORF by submitting a fee change filing to the Commission. The
Exchange will notify Participants of adjustments to the ORF via
regulatory circular at least 30 days prior to the effective date of the
change.
    The Exchange believes it is reasonable and appropriate for the
Exchange to charge the ORF for options transactions regardless of the
exchange on which the transactions occur. The Exchange has a statutory
obligation to enforce compliance by Participants and their associated
persons under the Act and the rules of the Exchange and to surveil for
other manipulative conduct by market participants (including non-
Participants) trading on the Exchange. The Exchange cannot effectively
surveil for such conduct without looking at and evaluating activity
across all options markets. Many of the Exchange's market surveillance
programs require the Exchange to look at and evaluate activity across
all options markets, such as surveillance for position limit
violations, manipulation, front-running and contrary exercise advice
violations/expiring exercise declarations. While much of this activity
relates to the execution of orders, the ORF is assessed on and
collected from clearing firms. The Exchange, because it lacks access to
information on the identity of the entering firm for executions that
occur on away markets, believes it is appropriate to assess the ORF on
its Participants' clearing activity, based on information the Exchange
receives from OCC, including for away market activity. Among other
reasons, doing so better and more accurately captures activity that
occurs away from the Exchange over which the Exchange has a degree of
regulatory responsibility. In so doing, the Exchange believes that
assessing ORF on Participant clearing firms equitably distributes the
collection of ORF in a fair and reasonable manner. Also, the Exchange
and the other options exchanges are required to populate a consolidated
options audit trail (``COATS'') \6\ system in order to surveil a
Participant's activities across markets.
---------------------------------------------------------------------------

    \6\ COATS effectively enhances intermarket options surveillance
by enabling the options exchanges to reconstruct the market promptly
to effectively surveil certain rules.
---------------------------------------------------------------------------

    In addition to its own surveillance programs, the Exchange works
with other SROs and exchanges on intermarket surveillance related
issues. Through its participation in the Intermarket Surveillance Group
(``ISG''),\7\ the Exchange shares information and coordinates inquiries
and investigations with other exchanges designed to address potential
intermarket manipulation and trading abuses. The Exchange's
participation in ISG helps it to satisfy the requirement that it has
coordinated surveillance with markets on which security futures are
traded and markets on which any security underlying security futures
are traded to detect manipulation and insider trading.\8\
---------------------------------------------------------------------------

    \7\ ISG is an industry organization formed in 1983 to coordinate
intermarket surveillance among the SROs by co-operatively sharing
regulatory information pursuant to a written agreement between the
parties. The goal of the ISG's information sharing is to coordinate
regulatory efforts to address potential intermarket trading abuses
and manipulations.
    \8\ See Section 6(h)(3)(I) of the Act.
---------------------------------------------------------------------------

    The Exchange believes that charging the ORF across markets will
avoid having Participants direct their trades to other markets in order
to avoid the fee and to thereby avoid paying for their fair share for
regulation. If the ORF did not apply to activity across markets then a
Participant would send their orders to the least cost, least regulated
exchange. Other exchanges do impose a similar fee on their member's
activity.\9\
---------------------------------------------------------------------------

    \9\ Similar regulatory fees have been instituted by MIAX (See
Securities Exchange Act Release No. 68711 (January 23, 2013), 78FR
6115 (January 29, 2013) (SR-MIAX-2013-01); MIAX PEARL (See
Securities Exchange Act Release No. 808075 (June 7, 2017), 82FR
27096 (SR-PEARL-2017-26); Nasdaq PHLX (See Securities Exchange Act
Release No. 61133 (December 9, 2009), 74FR 66715 (December 16, 2009)
(SR-Phlx-2009-100)); Nasdaq ISE (See Securities Exchange Act Release
No. 61154 (December 11, 2009), 74FR 67278 (December 18, 2009) (SR-
ISE-2009-105)); and Nasdaq GEMX (See Securities Exchange Act Release
No. 70200 (August 14, 2013) 78FR 51242 (August 20, 2013) (SR-Topaz-
2013-01)).
---------------------------------------------------------------------------

    The Exchange notes that there is established precedent for an SRO

charging a fee across markets, namely, FINRAs Trading Activity Fee \10\
and MIAX, MIAX Pearl, NYSE MKT, NYSE Arca, CBOE, Nasdaq PHLX, Nasdaq
ISE, and Nasdaq GEMX ORF. While the Exchange does not have all the same
regulatory responsibilities as FINRA, the Exchange believes that, like
other exchanges that have adopted an ORF, its broad regulatory
responsibilities with respect to a Participant's activities,
irrespective of where their transactions take place, supports a
regulatory fee applicable to transactions on other markets. Unlike
FINRA's Trading Activity Fee, the ORF would apply only to a
Participant's customer options transactions.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 47946 (May 30,
2003), 68FR 34021 (June 6, 2003) (SR-NASD-2002-148).
---------------------------------------------------------------------------

    Additionally, the Exchange specifies in the Fee Schedule that the
Exchange may only increase or decrease the ORF semi-annually, and any
such fee change will be effective on the first business day of February
or August. In addition to submitting a proposed rule change to the
Commission as required by the Act to increase or decrease the ORF, the
Exchange will notify participants via a Regulatory Circular of any
anticipated change in the amount of the fee at least 30 calendar days
prior to the effective date of the change. The Exchange believes that
by providing guidance on the timing of any changes to the ORF, the
Exchange would make it easier for participants to ensure their systems
are configured to properly account for the ORF.
    The Exchange also proposes to remove a sentence from the ORF
section which states that Market Makers and Order Flow Providers will
not be assessed the Fee until the firm has become a fully certified BOX
Market Maker or Order Flow Provider, that has met and has satisfied
certain minimum technological requirements necessary to be capable of
commencing participation on BOX. The Exchange believes this sentence is
no longer appropriate and adds confusion as to when the ORF applies.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \11\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \12\ in
particular, in that it is an equitable allocation of reasonable dues,
fees, and other charges among its members and issuers and other persons
using its facilities. The Exchange also believes the proposal furthers
the objectives of Section 6(b)(5) of the Act \13\ 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 and is not designed to permit unfair discrimination
between customers, issuers, brokers and dealers.
---------------------------------------------------------------------------

    \11\ 15 US.C. 78f(b).
    \12\ 15 US.C. 78f(b)(4).
    \13\ 15 US.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed clarifications in the Fee
Schedule to the ORF furthers the objectives of Section 6(b)(4) of the
Act and are equitable and reasonable since they expressly describe the
Exchange's existing practices regarding the manner in which the
Exchange assesses its ORF.
    The Exchange believes the ORF is equitable and not unfairly
discriminatory because it is objectively allocated to Participants in
that it is charged to all Participants on all their transactions that
clear as customer at the OCC. Moreover, the Exchange believes the ORF
ensures fairness by assessing fees to those Participants that are
directly based on the amount of customer options business they conduct.
Regulating customer trading activity is much more labor intensive and
requires greater expenditure of human and technical resources than
regulating non-customer trading activity, which tends to be more
automated and less labor-intensive. As a result, the costs associated
with administering the customer component of the Exchange's overall
regulatory program are materially higher than the costs associated with
administering the non-customer component (e.g., Participant proprietary
transactions) of its regulatory program.
    The ORF is designed to recover a material portion of the costs of
supervising and regulating Participants' customer options business
including performing routine surveillances, investigations,
examinations, financial monitoring, and policy, rulemaking,
interpretive, and enforcement activities. The Exchange will monitor, on
at least a semi-annual basis the amount of revenue collected from the
ORF to ensure that it, in combination with its other regulatory fees
and fines, does not exceed the Exchange's total regulatory costs. The
Exchange has designed the ORF to generate revenues that, when combined
with all of the Exchange's other regulatory fees, will be less than or
equal to the Exchange's regulatory costs, which is consistent with the
Commission's view that regulatory fees be used for regulatory purposes
and not to support the Exchange's business side. In this regard, the
Exchange believes that the current amount of the fee is reasonable.
    The Exchange believes that limiting changes to the ORF to twice a
year on specific dates with advance notice is reasonable because it
will give participants certainty on the timing of changes, if any, and
better enable them to properly account for ORF charges among their
customers. The Exchange believes that the proposed change is equitable
and not unfairly discriminatory because it will apply in the same
manner to all Participants that are subject to the ORF and provide them
with additional advance notice of changes to that fee.
    The Exchange believes that collecting the ORF from non-Participants
when such non-Participants ultimately clear the transaction (that is,
when the non-Participant is the ``ultimate clearing firm'' for a
transaction in which a Participant was assessed the ORF) is an
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities. The
Exchange notes that there is a material distinction between
``assessing'' the ORF and ``collecting'' the ORF. The ORF is only
assessed to a Participant with respect to a particular transaction in
which it is either the executing clearing firm or ultimate clearing
firm. The Exchange does not assess the ORF to non-Participants. Once,
however, the ORF is assessed to a Participant for a particular
transaction, the ORF may be collected from the Participant or a non-
Participant, depending on how the transaction is cleared at OCC. If
there was no change to the clearing account of the original
transaction, the ORF would be collected from the Participant. If there
was a change to the clearing account of the original transaction and a
non-Participant becomes the ultimate clearing firm for that
transaction, then the ORF will be collected from that non-Participant.
The Exchange believes that this collection practice is reasonable and
appropriate, and was originally instituted for the benefit of clearing
firms that desired to have the ORF be collected from the clearing firm
that ultimately clears the transaction.
    Finally, the Exchange believes removing the sentence that states
that the ORF will not be assessed until the firm has become a fully
certified is reasonable, equitable and not unfairly discriminatory. The
Exchange believes this sentence is no longer appropriate and adds
confusion as to when the ORF applies. The removal of this sentence

will have no effect on the assessment of fees for current BOX
Participants as they are all fully certified to transact business on
the Exchange. Future BOX Participants will be assessed the ORF once
their application has been approved; as BOX's regulatory responsibility
begins as soon as a firm becomes a Participant and not when the
Participant is technologically certified.

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. The ORF is not intended to have
any impact on competition. Rather, it is designed to enable the
Exchange to recover a material portion of the Exchange's cost related
to its regulatory activities. The Exchange is obligated to ensure that
the amount of regulatory revenue collected from the ORF, in combination
with its other regulatory fees and fines, does not exceed regulatory
costs. Unilateral action by BOX in establishing fees for services
provided to its Participants and others using its facilities will not
have an impact on competition. In the highly competitive environment
for equity options trading, BOX does not have the market power
necessary to set prices for services that are unreasonable or unfairly
discriminatory in violation of the Act. The Exchange's ORF, as
described herein, is comparable to fees charged by other options
exchanges for the same or similar services. The Exchange believes that
limiting the changes to the ORF to twice a year on specific dates with
advance notice is not intended to address a competitive issue but
rather to provide Participants with better notice of any change that
the Exchange may make to the ORF.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \14\ and Rule 19b-4(f)(2)
thereunder,\15\ because it establishes or changes a due, or fee.
---------------------------------------------------------------------------

    \14\ 15 US.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File No. SR-BOX-2018-02 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 No. SR-BOX-2018-02. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-BOX-2018-02, and should be submitted on or
before February 16, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01362 Filed 1-25-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Page 35018]
[FR Doc No: 2013-13810]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-50-000]

Dow Intrastate Gas Company; Notice of Petition for Rate Approval

    Take notice that on May 31, 2013, Dow Intrastate Gas Company filed
a petition for rate approval pursuant to Section 284.123(b)(2) of the
Commission's regulations for approval of a new rate applicable to
interruptible transportation service and to revise its Statement of
Operating Conditions, as more fully detailed in the petition.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Friday, June 14, 2013.

    Dated: June 4, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-13810 Filed 6-10-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Page 13165]
[FR Doc No: 2022-04949]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2022-0136]

Special Local Regulation; Annual Boyne Thunder Poker Run,
Charlevoix, MI

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

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the Annual Boyne Thunder Poker
Run special local regulation on Round Lake and Pine River Channel,
Charlevoix, MI on July 9, 2022. This action is necessary and intended
to protect the safety of life and property on navigable waters prior
to, during, and immediately after this event. During the enforcement
period, entry into, transiting, or anchoring within the safety zone are
prohibited unless authorized by the Captain of the Port Sault Sainte
Marie or a designated representative.

DATES: The regulations in 33 CFR 100.929 will be enforced from 8 a.m.
through 5 p.m. on July 9, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Deaven Palenzuela, Chief of
Waterways Management Division, U.S. Coast Guard; telephone 906-635-
3223, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation in 33 CFR 100.929 for the Annual Boyne Thunder Poker
Run in Boyne City, MI from 8 a.m. to 5 p.m. on July 9, 2022. This
action is being taken to protect the safety of life and property on
navigable waters prior to, during, and immediately after the event. Our
regulation for marine events within the Ninth Coast Guard District, 33
CFR 100.929, specifies the location of the regulated area for the
Annual Boyne Thunder Poker Run in Round Lake and Pine River Channel,
Charlevoix, MI. During the enforcement period, no vessel may transit
this regulated area without approval from the Captain of the Port Sault
Sainte Marie or a designated representative. Vessels and persons
granted permission to enter the special local regulated area shall obey
all lawful orders or directions of the Captain of the Port Sault Sainte
Marie, or an on-scene representative. The Coast Guard may be assisted
by other Federal, State, or local law enforcement agencies in enforcing
this regulation.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners and/or marine information
broadcasts.

    Dated: March 3, 2022.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2022-04949 Filed 3-8-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 30, 2008 (Volume 73, Number 250)]
[Notices]
[Page 79945-79946]
[DOCID:fr30de08-142]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59129; File No. SR-BSE-2008-57]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the Boston Stock Exchange,
Inc. To List Options on the Mini-Nasdaq-100 Index at $1 Strike Price
Intervals

 December 22, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 16, 2008, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act,\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Section 6 (Series of Options
Contracts Open for Trading) of Chapter IV and Section 10 (Terms of
Index Option Contracts) of Chapter XIV of the Rules of the Boston
Options Exchange Group, LLC (``BOX'') to allow BOX to list options on
the Mini-Nasdaq-100 Index (``MNX'' or ``Mini-NDX''), which is based on
1/10th the value of the Nasdaq-100 Index (``NDX''), at $1 strike price
intervals. 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://
nasdaqtrader.com/Trader.aspx?id=Boston_Stock_Exchange.

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 purpose of the proposed rule change is to amend Chapter XIV,
Section 10 of the BOX Rules by adding new rule text which would allow
BOX to list options on the Mini-Nasdaq-100 Index, which is based on 1/
10th the value of the Nasdaq-100 Index, at $1 or greater strike price
intervals.\5\
---------------------------------------------------------------------------

    \5\ Currently, under Chapter XIV, Sec. 10(c) of the BOX Rules,
BOX has authority to list Mini-NDX options at $2.50 strike price
intervals.
---------------------------------------------------------------------------

    Specifically, the Exchange proposes that the minimum strike price
interval for Mini-NDX options will be 0.01 point ($1.00). The Exchange
believes that $1 strike price intervals in Mini-NDX option series will
provide investors with greater flexibility by allowing them to
establish positions that are better tailored to meet their investment
objectives.
    For initial series, BOX would list at least two strike prices above
and two strike prices below the current value of MNX at or about the
time a series is opened for trading on BOX. As part of this initial
listing, BOX would list strike prices that are within 5 points from the
closing value of MNX on the preceding day.
    As for additional series, BOX would be permitted to add additional
series when deemed necessary to maintain an orderly market, to meet
customer demand or when the underlying MNX moves substantially from the
initial exercise price or prices. To the extent that any additional
strike prices are listed by BOX, such additional strike prices shall be
within thirty percent (30%) above or below the closing value of MNX.
BOX would also be permitted to open additional strike prices that are
more than 30% above or below the current MNX value provided that
demonstrated customer interest exists for such series, as expressed by
institutional, corporate or individual customers or their brokers.
Market Makers trading for their own account would not be considered
when determining customer interest. In addition to the initial listed
series, BOX may list up to sixty (60) additional series per expiration
month for each series in Mini-NDX options. In addition, the Exchange
proposes that BOX shall not list Long-Term Equity AnticiPation
Securities (``LEAPS'') on Mini-NDX options at intervals less than $5.
    The Exchange is also proposing to set forth a delisting policy with
respect to Mini-NDX options. Specifically, BOX would, on a monthly
basis, review series that are outside a range of five (5) strikes above
and five (5) strikes below the current value of MNX and delist series
with no open interest in both the put and the call series having a: (i)
Strike higher than the highest strike price with open interest in the
put and/or call series for a given expiration month; and (ii) strike
lower than the lowest strike price with open interest in the put and/or
call series for a given expiration month.
    Notwithstanding the proposed delisting policy, customer requests to
add strikes and/or maintain strikes in Mini-NDX options in series
eligible for delisting shall be granted.
    Further, in connection with the proposed delisting policy, if BOX
identifies series for delisting, BOX shall notify other options
exchanges with similar delisting policies regarding eligible series for
listing, and shall work with such other exchanges to develop a uniform
list of series to be delisted, so as to ensure uniform series delisting
of multiply listed Mini-NDX options.
    It is expected that the proposed delisting policy for Mini-NDX
options will be adopted by other options exchanges that list and trade
Mini-NDX options.
    The Exchange also proposes to add new Supplementary Material .05 to
Chapter IV, Section 6 of the BOX Rules, which would be an internal
cross reference stating that the intervals between strike prices for
Mini-NDX option series would be determined in accordance with proposed
new Chapter XIV, Section 10(c)(5) of the BOX Rules.
    The Exchange has analyzed BOX's capacity and represents that it
believes BOX and the Options Price Reporting Authority have the
necessary systems capacity to handle the additional traffic associated
with the listing and trading of $1 strikes or greater for Mini-NDX
options.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\

in general, and Section 6(b)(5) of the Act,\7\ in particular, in that
it is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
facilitating transactions in securities, to prevent fraudulent and
manipulative acts, 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. Specifically, the
proposed rule change will allow BOX to list options on MNX at $1 strike
intervals, providing investors with greater flexibility and allowing
them to better tailor their investment objectives, while allowing BOX
to remain competitive with other options exchanges listing $1 strike
intervals on MNX options.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    Because the foregoing rule does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; or (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission deems this requirement to be met.
---------------------------------------------------------------------------

    The Exchange stated in its filing that the proposed rule change is
based in all material respects on a Chicago Board Options Exchange rule
change recently approved by the Commission \10\ and does not raise any
novel issues. Additionally, the Exchange believes the proposed rule
change is necessary to eliminate any confusion among members of
multiple exchanges regarding the listing and trading of MNX options and
for purposes of maintaining a fair and orderly market.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 58924 (November 10,
2008), 73 FR 68464 (November 18, 2008) (SR-CBOE-2008-96).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the operative delay
to permit the proposed rule change to become operative prior to the
30th day after filing. The Commission has determined that waiving the
30-day operative delay of the Exchange's proposal is consistent with
the protection of investors and the public interest because such waiver
will permit the Exchange to respond promptly to demand by market
participants to list options on MNX at $1 strike price intervals, and
compete with other exchanges listing options on MNX at $1 strike price
intervals.\11\ Therefore, the Commission designates the proposal
operative upon filing.
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BSE-2008-57 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-BSE-2008-57. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of 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 No. SR-BSE-2008-57 and should be
submitted on or before January 20, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-30859 Filed 12-29-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16256-16257]
[FR Doc No: 2018-07650]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0044; Airspace Docket No. 17-ANM-35]
RIN. 2120-AA66

Proposed Establishment of Class E Airspace; Creswell, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface, at Hobby Field, Creswell, OR,
to accommodate new area navigation (RNAV) procedures at the airport.
This action would ensure the safety and management of instrument flight
rules (IFR) operations within the National Airspace System.

DATES: Comments must be received on or before May 31, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2018-0044; Airspace Docket No. 17-ANM-35, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Farnsworth, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S

216th St., Des Moines, WA 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace to support new RNAV procedures
at Hobby Field, Creswell, OR.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0044;
Airspace Docket No. 17-ANM-35''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW, Renton, WA
98057.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at Hobby Field, Creswell, OR,
within a 2.1-mile radius of Hobby Field and within 1.8 miles each side
of the 354[deg] bearing from the airport extending to 7.1 miles north
of the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Given this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM OR E5 Creswell, OR [New]

Hobby Field, OR
    (Lat. 43[deg]55'51'' N, long. 123[deg]00'24'' W)

    That airspace extending upward from 700 feet above the surface
within a 2.1-mile radius of Hobby Field, and within 1.8 miles each
side of the 354[deg] bearing from the airport extending to 7.1 miles
north of the airport.

    Issued in Seattle, Washington, on April 3, 2018.
Stephanie C. Harris,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-07650 Filed 4-13-18; 8:45 am]
 BILLING CODE 4910-13-P