[Federal Register: December 20, 2005 (Volume 70, Number 243)]
[Proposed Rules]
[Page 75440]
[DOCID:fr20de05-30]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2005-IA-0006; FRL-8010-8]

Approval and Promulgation of Implementation Plans and Operating
Permits Program; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve revisions to the State Implementation
Plan (SIP) submitted by the state of Iowa. These revisions include the
general rulemaking that Iowa completes for the purpose of updating
various rules, making clarifications and other minor revisions. EPA is
also proposing approval of revisions to the Iowa Operating Permits
Program for the purpose of updating and clarifying various rules
included in the general rulemaking. These revisions add new
definitions, as well as an administrative correction to a previously
submitted rule. Approval of these revisions will ensure consistency
between the state and Federally-approved rules, and ensure Federal
enforceability of the State's revised air program rules.

DATES: Comments on this proposed action must be received in writing by
January 19, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2005-IA-0006 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail: Heather Hamilton at<EMAIL_ADDRESS>    3. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to: Heather
Hamilton, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8 to 4:30, excluding legal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton at<PHONE_NUMBER>, or
by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of the Federal
Register, EPA is approving the state's submittal as a direct final rule
without prior proposal because the Agency views this as a
noncontroversial revision amendment and anticipates no relevant adverse
comments to this action. A detailed rationale for the approval is set
forth in the direct final rule. If no relevant adverse comments are
received in response to this action, no further activity is
contemplated in relation to this action. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed action. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on part of this rule and if that part can be severed
from the remainder of the rule, EPA may adopt as final those parts of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule which is located in the rules
section of this Federal Register.

    Dated: December 12, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 05-24258 Filed 12-19-05; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Pages 51835-51837]
[FR Doc No: 2012-20969]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67700; File No. SR-Phlx-2012-108]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Regarding
Rule 1014

August 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4) \2\ thereunder, notice is hereby given
that on August 13, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend Rule
1014 (Obligations and Restrictions Applicable to Specialists and
Registered Options Traders) to indicate that compliance with specified
market making obligations pursuant to the rule will be determined on a
monthly basis.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend Rule 1014 to
indicate that compliance with specified market making obligations
pursuant to the rule will be determined on a monthly basis.
Background
    Market makers on the Exchange include Registered Options Traders
(``ROTs''),\3\ Streaming Quote Traders (``SQTs''),\4\ Remote Streaming
Quote Traders (``RSQTs''),\5\ specialists,\6\ and Remote
Specialists.\7\ As set forth in Rule 1014, market makers have an
obligation to make two-sided markets in products listed on the
Exchange. This rule change proposal does not negate any of the general
market making obligations established in Rule 1014. These Rule 1014
market making obligations continue in force. This proposal only
clarifies one discreet part of Rule 1014 to make it identical to the
rules of other options exchanges, as discussed below.
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    \3\ An ROT is a regular member or a foreign currency options
participant of the Exchange located on the trading floor who has
received permission from the Exchange to trade in options for his
own account. See Rule 1014 (b)(i).
    \4\ An SQT is an ROT who has received permission from the
Exchange to generate and submit option quotations electronically in
options to which such SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on the floor of the
Exchange. See Rule 1014(b)(ii)(A).
    \5\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically in options to which such RSQT has been assigned. An
RSQT may only submit such quotations electronically from off the
floor of the Exchange. See Rule 1014(b)(ii)(B).
    Rule 1014 also discusses other market makers including Directed
SQTs and Directed RSQTs, which receive Directed Orders as defined in
Rule 1080(l)(i)(A). Specialists may likewise receive Directed
Orders.
    \6\ A member may not act as an options specialist (to include a
Remote Specialist as defined in Rule 1020(a)(ii)) in any option
unless such member is registered as an options specialist in such
option by the Exchange pursuant to Rule 501 and such registration
may be revoked or suspended at any time by the Exchange. See Rule
1020(a)(i).
    \7\ A Remote Specialist is an options specialist in one or more
classes that does not have a physical presence on an Exchange floor
and is approved by the Exchange pursuant to Rule 501. See Rule
1020(a)(ii).
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Market Making Obligations
    Currently, Rule 1014 sets forth the market making obligations of
all market makers. Sub-section (b)(ii)(D)(1) of Rule 1014 states that
SQTs and RSQTs (when they do not function as Remote Specialists) shall
be responsible to quote two-sided markets in not less than 60% of the
series in which such SQTs or RSQTs are assigned; provided that, on any
given day, a DRSQT or DSQT shall be responsible to quote two-sided
markets in the lesser of 99% of the series listed on the Exchange or
100% of the series listed on the Exchange minus one call-put pair. The
sub-section states also that whenever a DSQT or DRSQT enters a
quotation in an option in which such DSQT or DRSQT is assigned, such
DSQT or DRSQT must maintain until the close of that trading day
quotations for the lesser of 99% of the series of the option listed on
the Exchange or 100% of the series of the

option listed on the Exchange minus one call-put pair. Subsection
(b)(ii)(D)(2) of Rule 1014 states that a specialist (including the RSQT
functioning as a Remote Specialist in particular options) shall be
responsible to quote two-sided markets in the lesser of 99% of the
series or 100% of the series minus one call-put pair in each option in
which such specialist is assigned. To satisfy the requirement of
subsection (b)(ii)(D)(2) with respect to quoting a series, the
specialist must quote such series 90% of the trading day (as a
percentage of the total number of minutes in such trading day) or such
higher percentage as the Exchange may announce in advance.\8\
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    \8\ For all market making obligations, see Rule 1014(b)(ii)(D).
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3. Determining Compliance on a Monthly Basis
    Rule 1014 does not currently indicate the timeframe within which
the Exchange can review whether a member has met the quoting
obligations in sub-section (b)(ii)(D).\9\ In contrast, NYSE Arca
establishes a time period of a month to determine whether a market
maker or lead market maker has met his quoting obligation, stating that
compliance with the two-sided quoting obligation will be determined on
a monthly basis.\10\ The Exchange now proposes to insert a similar
monthly time frame into its quoting rules.
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    \9\ Sub-section (b)(ii)(D) currently states, in relevant part:
``In addition to the other requirements for ROTs set forth in this
Rule 1014, except as provided in sub-paragraph (4) below, and except
as provided in subparagraph (2) below when an RSQT functions as a
Remote Specialist in particular options, an SQT and an RSQT shall be
responsible to quote two-sided markets in not less than 60% of the
series in which such SQT or RSQT is assigned, provided that, on any
given day, a Directed SQT (``DSQT'') or a Directed RSQT (``DRSQT'')
(as defined in Rule 1080(l)(i)(C)) shall be responsible to quote
two-sided markets in the lesser of 99% of the series listed on the
Exchange or 100% of the series listed on the Exchange minus one
call-put pair, in each case in at least 60% of the options in which
such DSQT or DRSQT is assigned. Whenever a DSQT or DRSQT enters a
quotation in an option in which such DSQT or DRSQT is assigned, such
DSQT or DRSQT must maintain until the close of that trading day
quotations for the lesser of 99% of the series of the option listed
on the Exchange or 100% of the series of the option listed on the
Exchange minus one call-put pair. To satisfy the applicable
requirements of this subparagraph (D)(1) with respect to quoting a
series, an SQT, RSQT, DSQT, or DRSQT must quote such series 90% of
the trading day (as a percentage of the total number of minutes in
such trading day) or such higher percentage as the Exchange may
announce in advance. The Exchange may consider exceptions to the
requirement to quote 90% (or higher) of the trading day based on
demonstrated legal or regulatory requirements or other mitigating
circumstances.''
    \10\ See NYSE Arca Rule 6.37B. See also NYSE MKT (NYSE Amex)
Rule 925.1NY (establishing a time period of a month to determine
compliance).
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    Specifically, the Exchange proposes to state in sub-sections
(b)(ii)(D)(1) and (b)(ii)(D)(2) of Rule 1014 that compliance with the
quoting obligation will be determined on a monthly basis. The proposed
language is exactly the same language used by another options exchange,
NYSE Arca.\11\ The proposed change puts the Exchange and its members on
an equal footing with other options markets in terms of compliance with
the noted quoting obligations.
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    \11\ Id.
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    The proposal ensures that compliance standards for two-sided
quoting will be the same on the Exchange as on other options exchanges.
The proposal does not, however, change the quoting requirements set
forth in Rule 1014 or the Exchange's regulatory oversight (monitoring)
of the requirements. To the contrary, subsequent to the approval of
this proposal, the quoting requirements will remain and the Exchange
will continue to monitor (surveil) market maker quoting behavior on a
daily basis with an eye toward whether market makers meet Rule 1014
quoting requirements.\12\
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    \12\ On the basis of the daily monitoring activity, the Exchange
will continue to have the ability to let market makers know if they
are failing to achieve their quoting requirements. Moreover, on the
basis of the daily monitoring activity, the Exchange can determine
whether market makers violated any other Exchange rules such as, for
example, Rule 707 regarding just and equitable principles of trade.
Such daily monitoring will allow the Exchange to investigate unusual
activity and to take appropriate regulatory action (e.g.,
consideration of a Rule 707 violation proceeding based on market
maker stoppage of quoting and total withdrawal from the market
during market disturbances).
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    While quoting will continue to be monitored daily, the Exchange
believes that it is appropriate, fair and generally more efficient for
the Exchange and market participants to evaluate compliance on a
monthly rather than daily basis. Thus, a market maker that may have
quoted less on a single day of a month may meet his overall Rule 1014
quoting obligations, and still be compliant with the Rule, by posting
substantially more two-sided quotes on the other days of the month. The
Exchange believes that the proposal will not diminish, and in fact may
increase, market making activity on the Exchange, by establishing a
quoting compliance standard that is reasonable and is already in use on
other options exchanges.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \13\ in general, and furthers the objectives of Section
6(b)(5) of the Act \14\ 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. The Exchange would do this though a proposed rule change
indicating that compliance with market making quoting obligations will
be determined on a monthly basis. The specified one month review period
clarifies how compliance will be monitored, which should enhance
compliance efforts by market makers and the Exchange and is consistent
with requirements currently in place on other exchanges.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    The proposal ensures that compliance standards for two-sided
quoting will be the same on the Exchange as on other options exchanges.
The Exchange believes that the proposal will not diminish, and in fact
may increase, market making activity on the Exchange, by establishing a
quoting compliance standard that is reasonable and is already in use on
other options exchanges, while continuing to monitor quoting activity
on a daily basis.

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. To the contrary, the Exchange
believes the proposal is pro-competitive. The proposal would enable the
Exchange to provide members with rules that are similar to those of
other options exchanges, and to add clarity to its rules. This should
promote trading and hedging activity on the Exchange to the benefit of
the Exchange, its members, and market participants.

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 Exchange believes that the foregoing proposed rule change may
take effect upon filing with the Commission pursuant to Section
19(b)(3)(A) \15\ of the Act and Rule 19b-

4(f)(6)(iii) thereunder \16\ because the foregoing proposed rule change
does not: (i) Significantly affect the protection of investors or the
public interest; (ii) impose any significant burden on competition; and
(iii) become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2012-108 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2012-108. 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-Phlx-2012-108 and
should be submitted on or before September 17, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-20969 Filed 8-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68337-68338]
[FR Doc No: 2015-28068]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76311; File No. 4-618]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Order Approving and Declaring Effective a Proposed Plan for
the Allocation of Regulatory Responsibilities Between BATS Exchange,
Inc., BATS Y-Exchange, Inc., BOX Options Exchange LLC, Chicago Board
Options Exchange, Incorporated, C2 Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc.,
Financial Industry Regulatory Authority, Inc., International Securities
Exchange, LLC, ISE Gemini, LLC, Miami International Securities
Exchange, LLC, The NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., NASDAQ
OMX PHLX, Inc., National Stock Exchange, Inc., New York Stock Exchange
LLC, NYSE MKT LLC, and NYSE Arca, Inc. Relating to Regulation NMS Rules

October 29, 2015.
    On September 2, 2015, BATS Exchange, Inc. (``BATS''), BATS Y-
Exchange, Inc. (``BATS Y''), BOX Options Exchange LLC (``BOX''),
Chicago Board Options Exchange, Incorporated (``CBOE''), C2 Options
Exchange, Incorporated (``C2''), Chicago Stock Exchange, Inc.
(``CHX''), EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc.
(``EDGX''), Financial Industry Regulatory Authority, Inc. (``FINRA''),
International Securities Exchange, LLC (``ISE''), ISE Gemini, LLC
(``ISE Gemini''), Miami International Securities Exchange, LLC
(``MIAX''), The NASDAQ Stock Market LLC (``NASDAQ''), NASDAQ OMX BX,
Inc. (``BX''), NASDAQ OMX PHLX, Inc. (``Phlx''), National Stock
Exchange, Inc. (``NSX''), New York Stock Exchange LLC (``NYSE''), NYSE
MKT LLC (``NYSE MKT''), and NYSE Arca, Inc. (``NYSE Arca'') (each, a
``Participating Organization,'' and, together, the ``Participating
Organizations'' or the ``Parties''), filed with the Securities and
Exchange Commission (``Commission'' or ``SEC'') an amended plan for the
allocation of regulatory responsibilities with respect to certain
Regulation NMS Rules listed in Exhibit A to the Plan (``17d-2 Plan'' or
the ``Plan''). The Commission received no comments on the Plan. This
order approves and declares effective the Plan.

I. Introduction

    Section 19(g)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ among other things, requires every self-regulatory
organization (``SRO'') registered as either a national securities
exchange or national securities association to examine for, and enforce
compliance by, its members and persons associated with its members with
the Act, the rules and regulations thereunder, and the SRO's own rules,
unless the SRO is relieved of this responsibility pursuant to Section
17(d) or Section 19(g)(2) of the Act.\2\ Without this relief, the
statutory obligation of each individual SRO could result in a pattern
of multiple examinations of broker-dealers that maintain memberships in
more than one SRO (``Common Members''). Such regulatory duplication
would add unnecessary expenses for common members and their SROs.
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    \1\ 15 U.S.C. 78s(g)(1).
    \2\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
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    Section 17(d)(1) of the Act \3\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\4\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \3\ 15 U.S.C. 78q(d)(1).
    \4\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\5\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\6\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
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    \5\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \6\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\7\ Rule 17d-2 permits SROs
to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17d-2
relieves an SRO of those regulatory responsibilities allocated by the
plan to another SRO.
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    \7\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. Proposed Plan

    On September 2, 2015, the parties submitted a proposed amendment to
the Plan. The primary purpose of the amendment is to add Regulation NMS
Rules 606, 607, and 611(c) and (d). In addition, because Regulation NMS
Rule 606 applies to ``NMS Securites,'' and thus includes responsibility
for options, the Amended Plan adds additional Participating
Organizations that are options markets.
    The proposed 17d-2 Plan is intended to reduce regulatory
duplication for firms that are members of more than one Participating
Organization.\8\ The proposed amendments to the Plan provide for the
allocation of regulatory responsibility according to whether the
covered rule pertains to NMS stocks or NMS securities. For covered
rules that pertain to NMS stocks (i.e., Rules 607, 611, and 612), FINRA
would serve as the ``Designated Regulation NMS Examining Authority''
(``DREA'') for common members that are members of FINRA, and therein
would assume certain examination and enforcement responsibilities for
those members with respect to specified Regulation NMS rules. For
common members that are not

members of FINRA, the amended Plan provides that the member's DEA would
serve as the DREA, provided that the DEA exchange operates a national
securities exchange or facility that trades NMS stocks and the common
member is a member of such exchange or facility. Section 1(c) of the
amended Plan contains a list of proposed principles that would be
applicable to the allocation of common members in cases not
specifically addressed in the Plan. An exchange that does not trade NMS
stocks would have no regulatory authority for covered Regulation NMS
rules pertaining to NMS stocks. For covered rules that pertain to NMS
securities, and thus include options (i.e., Rule 606), the proposed
amended Plan provides that the DREA will be the same as the DREA for
the rules pertaining to NMS stocks. For common members that are not
members of an exchange that trades NMS stocks, the common member would
be allocated according to the principles set forth in Section 1(c) of
the Plan.
---------------------------------------------------------------------------

    \8\ The proposed 17d-2 Plan refers to these members as ``Common
Members.''
---------------------------------------------------------------------------

    The text of the Plan delineates the proposed regulatory
responsibilities with respect to the Parties. Included in the proposed
Plan is an exhibit (the ``Covered Regulation NMS Rules'') that lists
the federal securities laws, rules, and regulations, for which the
applicable DREA would bear examination and enforcement responsibility
under the proposed amended Plan for Common Members of the Participating
Organization and their associated persons.
    Specifically, under the 17d-2 Plan, the applicable DREA would
assume examination and enforcement responsibility relating to
compliance by Common Members with the Covered Regulation NMS Rules.
Covered Regulation NMS Rules would not include the application of any
rule of a Participating Organization, or any rule or regulation under
the Act, to the extent that it pertains to violations of insider
trading activities, because such matters are covered by a separate
multiparty agreement under Rule 17d-2.\9\ Under the Plan, Participating
Organizations would retain full responsibility for surveillance and
enforcement with respect to trading activities or practices involving
their own marketplace.\10\
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    \9\ See Securities Exchange Act Release No. 58350 (August 13,
2008), 73 FR 48247 (August 18, 2008) (File No. 4-566) (notice of
filing of proposed plan). See also Securities Exchange Act Release
No. 58536 (September 12, 2008) (File No. 4-566) (order approving and
declaring effective the plan).
    \10\ See paragraph 1 of the proposed 17d-2 Plan.
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III. Discussion

    The Commission finds that the proposed Plan is consistent with the
factors set forth in Section 17(d) of the Act \11\ and Rule 17d-2(c)
thereunder \12\ in that the proposed Plan is necessary or appropriate
in the public interest and for the protection of investors, fosters
cooperation and coordination among SROs, and removes impediments to and
fosters the development of the national market system. In particular,
the Commission believes that the proposed Plan should reduce
unnecessary regulatory duplication by allocating to the applicable DREA
certain examination and enforcement responsibilities for Common Members
that would otherwise be performed by multiple Parties. Accordingly, the
proposed Plan promotes efficiency by reducing costs to Common Members.
Furthermore, because the Parties will coordinate their regulatory
functions in accordance with the proposed Plan, the Plan should promote
investor protection.
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    \11\ 15 U.S.C. 78q(d).
    \12\ 17 CFR 240.17d-2(c).
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    The Commission is hereby declaring effective a plan that allocates
regulatory responsibility for certain provisions of the federal
securities laws, rules, and regulations as set forth in Exhibit A to
the Plan. The Commission notes that any amendment to the Plan must be
approved by the relevant Parties as set forth in Paragraph 22 of the
Plan and must be filed with and approved by the Commission before it
may become effective.\13\
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    \13\ See Paragraph 22 of the Plan. The Commission notes,
however, that changes to Exhibit B to the Plan (the allocation of
Common Members to DREAs) are not required to be filed with, and
approved by, the Commission before they become effective.
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IV. Conclusion

    This Order gives effect to the Plan filed with the Commission in
File No. 4-618. The Parties shall notify all members affected by the
Plan of their rights and obligations under the Plan.
    It is therefore ordered, pursuant to Section 17(d) of the Act, that
the Plan in File No. 4-618 is hereby approved and declared effective.
    It is further ordered that the Parties who are not the DREA as to a
particular Common Member are relieved of those regulatory
responsibilities allocated to the Common Member's DREA under the Plan
to the extent of such allocation.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(34).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-28068 Filed 11-3-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Pages 45619-45620]
[FR Doc No: 2019-18724]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2019-49]

Petition for Exemption; Summary of Petition Received; Envoy Air
Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 18, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0489
using any of the following methods:
     Federal eRulemaking Portal: Go to http://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>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.

    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Hanan Romodan<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 23, 2019.
John Linsenmeyer,
Acting Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2019-0489.
    Petitioner: Envoy Air Inc.
    Section(s) of 14 CFR Affected: Sec.  91.209(b).
    Description of Relief Sought: Envoy Air Inc. requests an exemption
for the anti-collision light system in the ERJ 170-200 aircraft. The
proposed exemption, if granted, would allow the petitioner to operate
an aircraft during daylight, even if the anti-collision light system is
inoperative.

[FR Doc. 2019-18724 Filed 8-28-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43100-43101]
[FR Doc No: 2022-15330]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0057]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter dated May 17, 2022,
Symans Enterprises (Symans) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR 230.17,
One thousand four hundred seventy-two (1472) service day inspection.
FRA assigned the petition Docket Number FRA-2022-0057.
    Specifically, Symans requests relief for steam locomotive VC 6,
which is used in public tourist excursions. Regarding the locomotive's
1472 service day inspection, Symans requests to extend the period in
which the inspection is due from July 7, 2022, to December 31, 2023.
Symans states that the annual inspection of VC 6 was completed in
October 2021, and the extension would allow Symans to recover from
revenue losses caused by the COVID-19 pandemic. In support of its
request, Symans states that the locomotive has been stored inside and
has operated without incident.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://

www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by September 2, 2022 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Carolyn Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2022-15330 Filed 7-18-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Page 88674]
[FR Doc No: 2016-29419]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-424-000]

Footprint Power Salem Harbor Development LP; Supplemental Notice
That Initial Market-Based Rate Filing Includes Request for Blanket
Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Footprint Power Salem Harbor Development LP`s application for market-
based rate authority, with an accompanying rate tariff, noting that
such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 20, 2016.
    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
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: November 30, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-29419 Filed 12-7-16; 8:45 am]
 BILLING CODE 6717-01-P