[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61091-61093]
[FR Doc No: 2015-25606]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0913; Directorate Identifier 2012-NE-23-AD;
Amendment 39-18261; AD 2015-18-03]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Turboprop
Engines (Type Certificate Previously Held by AlliedSignal Inc., Garrett
Engine Division; Garrett Turbine Engine Company; and AiResearch
Manufacturing Company of Arizona)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Honeywell International Inc. TPE331-5, -5A, -5AB, -5B, -10, -10R, -10U,
-10UF, -10UG, -10UGR, and -10UR model turboprop engines. This AD was
prompted by engine propeller shaft coupling failures, leading to
unexpected propeller pitch changes causing increased aerodynamic and
asymmetric drag on the airplanes using these engines. This AD requires
removing certain part number (P/N) engine propeller shaft couplings
from service. This AD also requires inserting a copy of certain
airplane operating procedures into applicable flight manuals. We are
issuing this AD to prevent loss of airplane control, leading to an
accident.

DATES: This AD is effective November 13, 2015.

ADDRESSES: For service information identified in this AD, contact
Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-
2802; phone:<PHONE_NUMBER>; Internet: http://portal.honeywell.com. You
may view this service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA. For
information on the availability of this material at the FAA, call 781-
238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012-
0913.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012-
0913; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA, Transport Airplane
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-
627-5246; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Honeywell
International Inc. TPE331-5, -5A, -5AB, -5B, -10, -10R, -10U, -10UF, -
10UG, -10UGR, and -10UR model turboprop engines. The NPRM published in
the Federal Register on May 12, 2014 (79 FR 26906). The NPRM was
prompted by numerous reports of engine propeller shaft coupling
failures, leading to engine overspeed and unexpected propeller pitch
changes. This condition causes high aerodynamic and asymmetric drag
that has resulted in uncommanded airplane yaw and roll. The NPRM
proposed to require removing certain P/N engine propeller shaft
couplings from service within certain compliance times to address the
flight safety risk. The NPRM also proposed to insert a copy of certain
airplane operating procedures into the applicable flight manuals. These
procedures describe an emergency procedure for pilot reaction to an
engine overspeed event after an engine propeller shaft coupling
failure. We are issuing this AD to prevent loss of airplane control,
leading to an accident.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM (79 FR
26906, May 12, 2014) and the FAA's response to the comment.

Request To Change Compliance Time Basis

    Honeywell International questioned whether compliance time should
be stated in flight hours as opposed to flight cycles as used in the
NPRM (79 FR 26906, May 12, 2014). Major periodic inspections are based
on hours and not cycles.
    We disagree. The FAA practice of stating compliance time is based
on the component's mode of failure. In this case the failure mode was
fatigue; therefore, a compliance time in flight cycles is appropriate.
We did not change this AD.

Clarified Requirement

    Since we issued the NPRM (79 FR 26906, May 12, 2014), we discovered
that paragraph (e)(4) of the Compliance section required clarification.
We clarified that paragraph in this AD by deleting the requirement to
insert a copy of Honeywell International Inc. Operating Information
Letter (OIL) and requiring that Figure 1 to Paragraph (e)--Airplane
Operating Procedures be inserted. Reference to the OIL was added as
related information. The replacement procedure provides simplified,
more concise text, for increased clarity.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD with clarification.

Costs of Compliance

    We estimate that this AD will affect 485 engines installed on
airplanes of U.S. registry. We also estimate that it will take about
one hour per engine to perform the actions required by this AD, if done
at the next scheduled turbine hot section inspection (HSI), and 40
hours per engine if done during an unscheduled access of the engine
propeller shaft coupling. We also estimate that 400 engines will have
the replacement actions done at a scheduled time of next turbine HSI,
and 85 engines will have the replacement actions done at an unscheduled
access of the engine propeller shaft coupling. The average labor rate
is $85 per hour. Required parts will cost about $12,000 per engine.
Based on these figures, we estimate the total cost of this AD to U.S.
operators to be $6,143,000.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2015-18-03 Honeywell International Inc. (Type Certificate previously
held by AlliedSignal Inc., Garrett Engine Division; Garrett Turbine
Engine Company; and AiResearch Manufacturing Company of Arizona):
Docket No. FAA-2012-0913; Directorate Identifier 2012-NE-23-AD.

(a) Effective Date

    This AD is effective November 13, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Honeywell International Inc. TPE331-5, -5A, -
5AB, -5B, -10, -10R, -10U, -10UF, -10UG, -10UGR, and -10UR model
turboprop engines, with an engine propeller shaft coupling, part
number (P/N) 3107065-1, 865888-3, 865888-6, or 865888-8, installed.

(d) Unsafe Condition

    This AD was prompted by engine propeller shaft coupling
failures, leading to unexpected propeller pitch changes causing
increased aerodynamic and asymmetric drag on the airplanes using
these engines. We are issuing this AD to prevent loss of airplane
control, leading to an accident.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Engines Installed in Mitsubishi MU-2B Series (MU-2 Series)
Airplanes:
    (i) Remove from service the affected engine propeller shaft
coupling at the earliest of the following:
    (A) Next piece-part exposure; or
    (B) Next turbine (hot) section inspection (HSI); or
    (C) Before accumulating an additional 1,200 cycles after the
effective date of this AD.
    (2) Engines Installed in Construcciones Aeronauticas, S.A.
(CASA) C-212 Series, and Twin Commander 690 and 695 Series (Jetprop
Commander) Airplanes:
    (i) Remove from service the affected engine propeller shaft
coupling at the earliest of the following:
    (A) Next piece-part exposure; or
    (B) Next turbine HSI; or
    (C) Before accumulating an additional 2,400 cycles after the
effective date of this AD.
    (3) Engines Installed in British Aerospace Jetstream 3101
Series, Dornier Luftfahrt Dornier 228 Series, and M7 (formerly
Fairchild, Swearingen) SA226 and SA227 Series Airplanes, and all
other airplanes not listed in this AD using affected engines:
    (i) Remove from service the affected engine propeller shaft
coupling at the earliest of the following:
    (A) Next piece-part exposure; or
    (B) Next turbine HSI; or
    (C) Before accumulating an additional 3,600 cycles after the
effective date of this AD.
    (4) Within 60 days after the effective date of this AD, for all
airplanes that use the affected engines, insert a copy of Figure 1
to paragraph (e) of this AD, into the Emergency Procedures Section
of the Airplane Flight Manual (AFM), Pilot Operating Handbook (POH),
and the Manufacturer's Operating Manual (MOM).

[GRAPHIC] [TIFF OMITTED] TR09OC15.000

(f) Definition

    For the purpose of this AD, next piece-part exposure is when the
nose cone assembly is removed from the engine.

(g) Installation Prohibition

    After the effective date of this AD, do not install any engine
propeller shaft coupling, P/N 3107065-1, 865888-3, 865888-6, or
865888-8, into any engine.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Los Angeles Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19
to make your request.

(i) Related Information

    (1) For more information about this AD, contact Joseph Costa,
Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA,
Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Allied-Signal Aerospace Company Service Bulletin No. TPE331-
72-0873, Revision 1, dated May 20, 1993 and Honeywell International
Inc. Operating Information Letter OI331-26, dated March 2, 2010,
which are not incorporated by reference in this AD, can be obtained
from Honeywell International, using the contact information in
paragraph (i)(3) of this AD.
    (3) For service information identified in this AD, contact
Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-
2802; phone:<PHONE_NUMBER>; Internet: http://portal.honeywell.com.
    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on: October 2, 2015.
Colleen M. D'Alessandro,
Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-25606 Filed 10-8-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1534-1536]
[FR Doc No: 2012-186]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66099; File No. SR-Phlx-2011-184]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Rebates and Fees for Adding and Removing Liquidity in Select
Symbols

January 4, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 22, 2011, 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 proposes to amend the Rebates and Fees for Adding and
Removing Liquidity in Select Symbols in Section I, Part A of the
Exchange's Fee Schedule.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on January 3, 2012.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend Section I of
the Fee Schedule, entitled ``Rebates and Fees for Adding and Removing
Liquidity in Select Symbols,'' at Part A, entitled ``Single contra-side
orders,'' to amend the Professional \3\ Rebate for Adding Liquidity in
order to treat a Professional similar to other non-customer market
participants for purposes of the rebate.
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    \3\ The Exchange defines a ``professional'' as any person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s)
(hereinafter ``Professional'').
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    Currently, Section I of the Fee Schedule, which applies to certain
select symbols,\4\ is comprised of a Part A, single contra-side order
fees, and a Part B, Complex Order fees.\5\ There are currently several
categories of market participants: Customers, Directed Participants,\6\
Specialists,\7\ Registered

Options Traders,\8\ SQTs,\9\ RSQTs,\10\ Broker-Dealers, Firms and
Professionals. Currently, the Exchange pays the following Rebates for
Adding Liquidity:
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    \4\ Select symbols shall be defined as options overlying the
following symbols: AA, AAPL, ABX, AIG, ALL, AMD, AMR, AMZN, AXP,
BAC, BRCD, C, CAT, CIEN, CSCO, DELL, DIA, DRYS, EBAY, EK, F, FAS,
FAZ, FXI, GDX, GE, GLD, GLW, GS, HAL, IBM, INTC, IWM, JPM, LVS, MGM,
MSFT, MU, NEM, NOK, NVDA, ORCL, PFE, PG, POT, QCOM, QQQ, RIG, RIMM,
RMBS, SBUX, SDS, SIRI, SKF, SLV, SLW, SMH, SNDK, SPY, T, TBT, TZA,
UAL, UNG, USO, UUP, UYG, V, VALE, VXX, VZ, WYNN, X, XLF, XOM, XOP,
XRX and YHOO (``Select Symbols''). These symbols are Multiply-
Listed.
    \5\ The Rebates and Fees for Adding and Removing Liquidity in
Select Symbols will continue to apply only to electronic orders.
    \6\ A Directed Participant is a Specialist, SQT, or RSQT that
executes a customer order that is directed to them by an Order Flow
Provider and is executed electronically on PHLX XL II.
    \7\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a).
    \8\ A Registered Options Trader (``ROT'') includes a Streaming
Quote Trader (``SQT''), a Remote Streaming Quote Trader (``RSQT'')
and a Non-SQT ROT, which by definition is neither a SQT or a RSQT. A
ROT is defined in Exchange Rule 1014(b) as 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 Exchange Rule 1014(b)(i) and
(ii).
    \9\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned.
    \10\ An RSQT is defined in Exchange Rule in 1014(b)(ii)(B) as 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Directed       Specialist, ROT,
                                             Customer         participant        SQT and RSQT           Firm          Broker-Dealer       Professional
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rebate for Adding Liquidity...........             $0.26              $0.23              $0.23              $0.00              $0.00              $0.26
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Exchange proposes to decrease the Professional Rebate for
Adding Liquidity from $0.26 per contract to $0.23 per contract. The
Exchange is not proposing to amend any other rebates or fees in Section
I.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on January 3, 2012.
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 fees
and other charges among Exchange members and other persons using its
facilities.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that its proposal to decrease the Rebate for
Adding Liquidity for Professionals is reasonable because a Professional
would be paid the same rebates as other market makers.\13\ Currently, a
Customer and Professional are paid the highest Rebate for Adding
Liquidity available for Single contra-side orders. The Exchange
believes that paying a Customer a higher rebate, as compared to market
participants, incentivizes Broker-Dealers to route Customer orders to
the Exchange, which in turn should increase liquidity and benefit all
market participants. The Exchange recently increased the Rebate for
Adding Liquidity for Professionals,\14\ while it also increased the
Professional Fee for Removing Liquidity for Single contra-side orders,
to a rate equal to Firms and Broker-Dealers. The Exchange believes that
it is reasonable to now decrease the Professional Rebate for Adding
Liquidity to the same rate that is paid to market makers, thereby
paying Customers the highest rebate. The Exchange believes that
Professionals would still benefit from a rebate, which is not offered
to Firms and Broker-Dealers, while also being assessed the same rates
as Firms and Broker-Dealers to remove liquidity. A Professional would
be paid the same rebate as is currently offered to all other non-
Customer market participants receiving a Rebate for Adding Liquidity
for Single contra-side orders. With respect to the Fee for Removing
Liquidity in Single contra-side orders, Directed Participants,
Specialists, ROTs, SQTs and RSQTs, are assessed lower fees because they
have quoting obligations,\15\ unlike Firms, Broker-Dealers and
Professionals.
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    \13\ The Exchange market maker category includes Specialists
(see Rule 1020) and Registered Options Traders (Rule 1014(b)(i) and
(ii), which includes Streaming Quote Traders or SQTs (see Rule
1014(b)(ii)(A)) and Remote Streaming Quote Traders or RSQTs (see
Rule 1014(b)(ii)(B)). This would also include Directed Participants.
The term ``Directed Participant'' applies to transactions for the
account of a Specialist, Streaming Quote Trader or Remote Streaming
Quote Trader resulting from a Customer order that is (1) directed to
it by an order flow provider, and (2) executed by it electronically
on Phlx XL II.
    \14\ See Securities Exchange Act Release No. 65940 (December 12,
2011), 76 FR 78322 (December 16, 2011) (SR-Phlx-2011-162).
    \15\ See Exchange Rule 1014 titled ``Obligations and
Restrictions Applicable to Specialists and Registered Options
Traders.''
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    The Exchange believes it is equitable and not unfairly
discriminatory to pay a Professional a Rebate for Adding Liquidity
similar to market makers because the Professional is still advantaged
by a rebate as compared to Firms and Broker-Dealers. Section I Fees for
Removing Liquidity in both Single contra-side orders and Complex Orders
align Professionals with Firms and Broker-Dealers.\16\ All
Professionals would be equally eligible to receive the Rebate for
Adding Liquidity. In addition, the Exchange's Rebates for Adding
Liquidity are within the range of fees assessed by the International
Securities Exchange, LLC (``ISE'').\17\
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    \16\ See Section I of the Fee Schedule at Parts A and B.
    \17\ See ISE's Fee Schedule (a Professional is assessed the same
fees and paid the same rebates similar to a Firm for simple orders
and complex orders).
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market in which
market participants can readily direct order flow to competing venues
if they deem fee levels at a particular venue to be excessive. The
Exchange believes that the fees it charges and rebates it pays for
options overlying the various Select Symbols remain competitive with
fees and rebates charged/paid by other venues and therefore continue to
be reasonable and equitably allocated to those members that opt to
direct orders to the Exchange rather than competing venues.

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

    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 Act.\18\ 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 necessary or appropriate in the public interest,
for the protection of investors, or 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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-Phlx-2011-184 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 No. SR-Phlx-2011-184. 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 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-Phlx-2011-184 and should be
submitted on or before January 31, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-186 Filed 1-9-12; 8:45 am]
BILLING CODE 8011-01-P


DRAFT NCER STANDING SUBCOMMITTEE

AGENDA

January 12, 2009

1:00 – 3:00 Eastern Time

Participation by Teleconference Only

866-299-3188

Code:<PHONE_NUMBER>#

1:00 - 1:15 PM	Welcome	Dr. Martin Philbert,

	- Introduction of Subcommittee Members	Subcommittee Chair

	- Overview of Subcommittee Charge

1:15 - 1:20 PM	Administrative Procedures	Susan Peterson,

	Subcommittee DFO

1:20 - 1:50 PM	Overview of ORD Research Program	Dr. Charles Noss

		ORD/NPD

1:50 - 2:00 PM	Public Comment

2:00 – 2:45 PM	NCER Reorganization and Vision	Dr. William Sanders,

	“Acccelerating Transformational Science”	Director, NCER and

 		Division Directors

2:45 – 3:00 PM 	Preparation for Face-to-Face Meeting	Dr. Martin Philbert,

	Meeting	Subcommittee Chair

	- Discuss Writing Assignments

	- Identify Additional Information Needs

3:00 pm	Adjourn

            A Federal Advisory Committee for the U.S. Environmental Protection Agency’s Office of Research and Development


[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Pages 3907-3908]
[FR Doc No: 2020-01105]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-10-001.
    Applicants: UGI Utilities, Inc.
    Description: Tariff filing per 284.123(b), (e) + (g): Revisions to
Statement of Operating Conditions per FERC Review to be effective 11/
18/2019.
    Filed Date: 1/15/20.
    Accession Number:<PHONE_NUMBER>34.
    Comments Due: 5 p.m. ET 2/5/20.
    284.123(g) Protests Due: 5 p.m. ET 2/5/20.

    Docket Number: PR20-21-000.
    Applicants: Southcross Alabama Pipeline LLC.
    Description: Tariff filing per 284.123(b)(2) + (g): Third Coast
Alabama, LLC Section 311 Filing to be effective 12/16/2019.
    Filed Date: 1/15/20.
    Accession Number:<PHONE_NUMBER>44.
    Comments Due: 5 p.m. ET 2/5/20.
    284.123(g) Protests Due: 5 p.m. ET 3/16/20.

    Docket Number: PR20-22-000.
    Applicants: Southcross Mississippi Pipeline, L.P.
    Description: Tariff filing per 284.123(b)(2) + (g): Third Coast
Mississippi LLC Section 311 and Name Change Filing to be effective 12/
16/2019.
    Filed Date: 1/15/20.
    Accession Number:<PHONE_NUMBER>45.
    Comments Due: 5 p.m. ET 2/5/20.
    284.123(g) Protests Due: 5 p.m. ET 3/16/20.

    Docket Numbers: RP19-1353-005.
    Applicants: Northern Natural Gas Company.
    Description: Compliance filing 20200115 Base Case Non-Rate
Technical

Conference Compliance Filing to be effective 1/1/2020.
    Filed Date: 1/15/20.
    Accession Number: 20200115-5120.
    Comments Due: 5 p.m. ET 1/27/20.

    Docket Numbers: RP20-270-001.
    Applicants: ANR Pipeline Company.
    Description: Compliance filing Prepayments Compliance to be
effective 12/27/2019.
    Filed Date: 1/15/20.
    Accession Number: 20200115-5003.
    Comments Due: 5 p.m. ET 1/27/20.

    Docket Numbers: RP20-438-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Superseding Neg Rate Agmt
(Calyx 51780) to be effective 1/1/2020.
    Filed Date: 1/15/20.
    Accession Number: 20200115-5036.
    Comments Due: 5 p.m. ET 1/27/20.

    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 5:00
p.m. Eastern time on the specified date(s). 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 16, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01105 Filed 1-22-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47509-47511]
[FR Doc No: 2023-15558]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-2873]

Public Meeting and Listening Session for Developing the Food and
Drug Administration's Center for Tobacco Products' Strategic Plan;
Request for Comments

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Notification of public meeting; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the following virtual listening session entitled ``Public
Meeting and Listening Session for Developing FDA's Center for Tobacco
Products' Strategic Plan.'' The purpose of the listening session is to
obtain feedback on the proposed strategic goals that are being used to
develop FDA's Center for Tobacco Products' (CTP) comprehensive
Strategic Plan. FDA will provide information on the proposed goals and
provide the public an opportunity to provide open public comment.

DATES: The virtual listening session will be held on August 22, 2023,
beginning at 10 a.m. Eastern Time. Additional details, such as the time
of the listening session and registration information, is available at:
https://www.fda.gov/tobacco-products/ctp-newsroom/listening-session-developing-fdas-center-tobacco-products-strategic-plan-08222023. All
requests to make open public comment must be received by August 14,
2023, at 11:59 p.m. Eastern Time. Either electronic or written comments
on this listening session must be submitted to the docket by August 29,
2023. See the SUPPLEMENTARY INFORMATION section for registration date
and information.

ADDRESSES: The listening session will be held virtually and more
information will be posted here: https://www.fda.gov/tobacco-products/ctp-newsroom/listening-session-developing-fdas-center-tobacco-products-strategic-plan-08222023.
    You may submit written comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of August 29, 2023. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as

well as any attachments, except for information submitted, marked and
identified, as confidential, if submitted as detailed in
``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-N-2873. Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the dockets to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: May Nelson, Center for Tobacco
Products, Food and Drug Administration, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In September 2022, per the request of the FDA Commissioner, Dr.
Robert Califf, an independent expert panel facilitated by the Reagan-
Udall Foundation began an operational evaluation of CTP. The
evaluation's goal was to help ensure that CTP has the tools to address
today's challenges as it works to prevent tobacco use among youth and
to reduce tobacco-attributable death and disease. The final report was
issued on December 19, 2022, and included 15 recommendations across a
number of areas.
    One recommendation stated: ``To address today's challenges and
position itself for the future, CTP must pivot from a reactive mode to
a proactive mode. CTP must invest the time, now, with staff and public
input, to create and implement a strategic plan that identifies CTP's
strategic objectives and plots an operational roadmap of the steps CTP
will take over the next five years to achieve those objectives.''
    In response, CTP has initiated the development of a 5-year
Strategic Plan to advance its mission. As part of an iterative, Center-
wide process, CTP has developed five proposed goal areas that have been
shaped by staff and leaders across the Center. These goal areas are
intended to be interconnected with four proposed cross-cutting themes:
health equity, science, transparency, and stakeholder engagement. The
Center intends to publish its Strategic Plan by the end of 2023.
    To gain additional perspectives as CTP develops its Strategic Plan,
the Center seeks public comments on these proposed goal areas or on any
other areas that CTP should consider that might not be encapsulated by
these proposed goal areas. CTP asks that comments be forward-looking,
constructive, and concise in addressing the following questions:
    1. What key features, activities, or initiatives would you like CTP
to consider as related to any of these proposed goal areas? For
example, in the area of regulations and guidance documents, we would be
interested in your feedback on specific regulations and guidance
documents FDA should pursue and how they should be prioritized.
    2. What are measurable short- and long-term outcomes for the
proposed goal areas over the next 2 to 5 years?
    3. What are three specific actions CTP could take in the next 5
years that would have the most impact in significantly reducing
tobacco-related death and disease?
    4. Are there any important features, activities, or initiatives not
encapsulated by these proposed goal areas that you believe CTP should
consider as part of its Strategic Plan?
    Proposed goal areas are as follows:
    1. Develop, Advance, and Communicate Comprehensive and Impactful
Tobacco Regulations and Guidance. This goal includes activities related
to the development and implementation of CTP's regulatory and policy
agenda; the articulation and publication of clear and comprehensive
public policy statements; and efforts to advance health equity.
    2. Ensure Timely, Clear, and Consistent Product Application Review
to Protect Public Health. This goal includes activities related to work
processes such as optimizing the efficiency, consistency, and
effectiveness of the product application review process; enhancing
public understanding of regulatory requirements through transparency
and stakeholder engagement efforts; and ensuring that the review
process is supported by a strong regulatory science program.
    3. Ensure Compliance of Regulated Industry and Tobacco Products
Utilizing All Available Tools, Including Robust Enforcement Actions.
This goal includes pursuing enforcement actions to reduce violations;
enhancing collaborations with federal and state agencies on tobacco
enforcement efforts; and prioritizing agile market intelligence and
surveillance to facilitate awareness of and effective responses to the
evolving tobacco landscape.
    4. Improve Public Health by Enhancing Knowledge and Understanding
of CTP Tobacco Product Regulation and the Risks Associated with Tobacco
Product Use. This goal includes timely, clear, and accessible health
communications and education to diverse public audiences, including
those to discourage youth initiation, encourage cessation, and to
inform adults who smoke about the relative risks of tobacco products.
    5. Advance Operational Excellence. This goal includes
prioritization of workforce growth, engagement, and retention and CTP's
commitment to diversity, equity, inclusion, and accessibility;
modernizing business processes to enhance information management and
programmatic efficacy; and seeking and applying needed resources to
support CTP's full portfolio of regulatory activities.

II. Topics for Discussion at the Listening Session

    The listening session will provide the public an opportunity to
provide open public comment on the proposed goal areas and help inform
development of the final Strategic Plan. After introductions, FDA will
begin the listening session with an overview of the development of
CTP's Strategic Plan and subsequent proposed goal areas. Then, the
registered speakers will have approximately 4 minutes each to share
their comments on any topics related to the proposed goal areas.

III. Participating in the Listening Session

    Registration: To register to attend the free listening session,
please visit the following website: https://www.fda.gov/tobacco-products/ctp-newsroom/listening-session-developing-fdas-center-tobacco-products-strategic-plan-08222023. Registration information will be
posted soon.
    Live closed captioning will be provided during the listening
session. Additional information on requests for special accommodations
due to a disability will be provided during registration.
    Requests to Provide Open Public Comment: During online registration
you may indicate if you wish to make open public comments during the
listening session. All requests to make open public comment must be
received by August 14, 2023, at 11:59 p.m. Eastern Time. We will do our
best to accommodate requests to make public comments. We are seeking to
have a broad representation of ideas and perspectives presented at the
meeting. During the listening session, FDA is especially interested to
hear from those individuals or communities who may be less likely or
less able to provide written comments. Individuals and organizations
with common interests are urged to consolidate or coordinate their
comments and request time for a joint presentation. FDA will allow
registered speakers 4 minutes to provide their open public comments and
will notify all registrants of their approximate time ahead of the
listening session if they are selected to make public comment. FDA will
not accept presentation materials for the listening session. Instead,
any materials can be submitted to the respective docket noted in the
``Docket'' section of this document before the end of the comment
period.
    Transcript: Please be advised that as soon as the transcript of the
listening session is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff
(see ADDRESSES). A link to the transcript and recording will also be
available on the internet at https://www.fda.gov/tobacco-products/ctp-newsroom/listening-session-developing-fdas-center-tobacco-products-strategic-plan-08222023.

    Dated: July 18, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-15558 Filed 7-21-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Page 19034]
[FR Doc No: 2017-08273]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP17-626-001.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.205(b): Amendment to Filing in RP17-626-000 to be
effective 4/1/2017.
    Filed Date: 04/17/2017.
    Accession Number: 20170417-5133.
    Comment Date: 5:00 p.m. Eastern Time on Monday, May 1, 2017.

    Docket Numbers: RP17-658-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Amendment to Neg Rate Agmt (Pivotal 34691-14) to be
effective 4/17/2017.
    Filed Date: 04/17/2017.
    Accession Number: 20170417-5171.
    Comment Date: 5:00 p.m. Eastern Time on Monday, May 1, 2017.

    Docket Numbers: RP17-659-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.203:
Notice Regarding Non-Jurisdictional Gathering Facilities (F-543 W-4672
W-4665).
    Filed Date: 04/17/2017.
    Accession Number: 20170417-5186.
    Comment Date: 5:00 p.m. Eastern Time on Monday, May 1, 2017.

    Docket Numbers: RP17-660-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.203:
Notice Regarding Non-Jurisdictional Gathering Facilties (F-641 H-
10151).
    Filed Date: 04/17/2017.
    Accession Number: 20170417-5187.
    Comment Date: 5:00 p.m. Eastern Time on Monday, May 1, 2017.

    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 Sec.  385.214) on or
before 5:00 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: April 18, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-08273 Filed 4-24-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56959-56960]
[FR Doc No: 2021-22452]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-1088]

Vaccines and Related Biological Products Advisory Committee;
Notice of Meeting; Establishment of a Public Docket; Request for
Comments

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Vaccines and
Related Biological Products Advisory Committee (VRBPAC). The general
function of the committee is to provide advice and recommendations to
FDA on regulatory issues. Members will participate via teleconference.
The meeting will be open to the public. FDA is establishing a docket
for public comment on this document.

DATES: The meeting will be held on October 26, 2021, from 8:30 a.m. to
5 p.m. Eastern Time. Submit either electronic or written comments on
this public meeting by October 25, 2021. Comments received on or before
October 21, 2021, will be provided to the committee. Comments received
after October 21, 2021, and by October 25, 2021, will be taken into
consideration by FDA.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. The online
web conference meeting will be available at the following link on the
day of the meeting: https://youtu.be/laaL0_xKmmA.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2021-N-1088. The docket will close on October
25, 2021. Please note that late, untimely filed comments will not be
considered. The https://www.regulations.gov electronic filing system
will accept comments until 11:59 p.m. Eastern Time at the end of
October 25, 2021. Comments received by mail/hand delivery/courier (for
written/paper submissions) will be considered timely if they are
received on or before that date.
    In the event that the meeting is cancelled, FDA will continue to
evaluate any relevant applications, submissions, or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-1088 for ``Vaccines and Related Biological Products; Notice
of Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.

     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Prabhakara Atreya or Kathleen Hayes,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 6307C, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>; via email at
[email protected], or FDA Advisory Committee Information Line, 1-
800-741-8138<PHONE_NUMBER> in the Washington, DC area). 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 website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION: Consistent with FDA's regulations, this
notice is being published with less than 15 days prior to the date of
the meeting based on a determination that convening a meeting of the
VRBPAC as soon as possible is warranted. This Federal Register notice
could not be published 15 days prior to the date of the meeting due to
a recent request to amend the Pfizer-BioNTech's Emergency Use
Authorization (EUA) for administration of their COVID-19 mRNA vaccine
to children 5 through 11 years of age and the need for prompt
discussion of this request given the COVID-19 pandemic.
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On October
26, 2021, the committee will meet in open session to discuss a request
to amend Pfizer-BioNTech's EUA for administration of their COVID-19
mRNA vaccine to children 5 through 11 years of age.
    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 website prior to the meeting, background
material will be made publicly available on FDA's website at the time
of the advisory committee meeting. Background material and the link to
the online teleconference meeting room will be available at https://www.fda.gov/advisory-committees/advisory-committee-calendar. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before October 21, 2021, will be provided to the
committee. Comments received after October 21, 2021, and by October 25,
2021, will be taken into consideration by FDA. Oral presentations from
the public will be scheduled between approximately 12:45 p.m. and 1:45
p.m. Those individuals interested in making 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
October 19, 2021. 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 October 20,
2021.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Prabhakara Atreya or Kathleen Hayes ([email protected]) at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at: https://www.fda.gov/advisory-committees/about-advisory-committees/public-conduct-during-fda-advisory-committee-meetings 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: October 8, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-22452 Filed 10-8-21; 4:15 pm]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18100-18103]
[FR Doc No: 2019-08500]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85707; File No. SR-CBOE-2019-021]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend
the Operation of Its Flexible Exchange Options Pilot Program Regarding
Permissible Exercise Settlement Values for Flexible Exchange Index
Options

April 23, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 10, 2019, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ 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)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to extend the operation of its Flexible Exchange Options (``FLEX
Options'') pilot program regarding permissible exercise settlement
values for FLEX Index Options. [The [sic] text of the proposed rule
change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *
Rules of Cboe Exchange, Inc.
* * * * *
Rule 24A.4. Terms of FLEX Options
    (a)-(c) (No change).
    . . . Interpretations and Policies:
    .01 FLEX Index Option PM Settlements Pilot Program: Notwithstanding
subparagraph (a)(2)(iv) above, for a pilot period ending the earlier of
[May 6]November 4, 2019 or the date on which the pilot program is
approved on a permanent basis, a FLEX Index Option that expires on an
Expiration Friday may have any exercise settlement value that is
permissible pursuant to subparagraph (b)(3) above.
    .02 (No change).
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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
    On January 28, 2010, the Exchange received approval of a rule
change that, among other things, established a pilot program regarding
permissible exercise settlement values for FLEX Index Options.\5\ The
Exchange has extended the pilot period seven times, which is currently
set to expire on the earlier of May 6, 2019 or the date on which the
pilot program is approved on a permanent basis.\6\ The purpose of this
rule change filing is to extend the pilot program through the earlier
of November 4, 2019 or the date on which the pilot program is approved
on a permanent basis. This filing simply seeks to extend the operation
of the pilot program and does not propose any substantive changes to
the pilot program.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 61439 (January 28,
2010), 75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (``Approval
Order''). The initial pilot period was set to expire on March 28,
2011, which date was added to the rules in 2010. See Securities
Exchange Act Release No. 61676 (March 9, 2010), 75 FR 13191 (March
18, 2010) (SR-CBOE-2010-026).
    \6\ See Securities Exchange Act Release Nos. 64110 (March 23,
2011), 76 FR 17463 (March 29, 2011) (SR-CBOE-2011-024) (extending
the pilot program through the earlier of March 30, 2012 or the date
on which the pilot program is approved on the permanent basis);
66701 (March 30, 2012), 77 FR 20673 (April 5, 2012) (SR-CBOE-2012-
027) (extending the pilot through the earlier of November 2, 2012 or
the date on which the pilot program is approved on a permanent
basis); 68145 (November 2, 2012), 77 FR 67044 (November 8, 2012)
(SR-CBOE-2012-102) (extending the pilot program through the earlier
of November 2, 2013 or the date on which the pilot program is
approved on a permanent basis); 70752 (October 24, 2013), 78 FR
65023 (October 30, 2013) (SR-CBOE-2013-099) (extending the pilot
program through the earlier of November 3, 2014 or the date on which
the pilot program is approved on a permanent basis); 73460 (October
29, 2014), 79 FR 65464 (November 4, 2014) (SR-CBOE-2014-080)
(extending the pilot program through the earlier of May 3, 2016 or
the date on which the pilot program is approved on a permanent
basis); 77742 (April 29, 2016), 81 FR 26857 (May 4, 2016) (SR-CBOE-
2016-032) (extending the pilot program through the earlier of May 3,
2017 or the date on which the pilot program is approved on a
permanent basis); 80443 (April 12, 2017), 82 FR 18331 (April 18,
2017) (SR-CBOE-2017-032), 83 FR 21808 (May 10, 2018) (extending the
pilot program through the earlier of May 3, 2018 or the date on
which the pilot program is approved on a permanent basis); 83175
(May 4, 2018), 83 FR 21808 (May 10, 2018) (SR-CBOE-2018-037); and
84537 (November 5, 2018), 83 FR 56113 (November 9, 2018) (SR-CBOE-
2018-071). At the same time the permissible exercise settlement
values pilot was established for FLEX Index Options, the Exchange
also established a pilot program eliminating the minimum value size
requirements for all FLEX Options. See Approval Order, supra note 5.
The pilot program eliminating the minimum value size requirements
was extended twice pursuant to the same rule filings that extended
the permissible exercise settlement values (for the same extended
periods) and was approved on a permanent basis in a separate rule
change filing. See id. and Securities Exchange Act Release No. 67624
(August 8, 2012), 77 FR 48580 (August 14, 2012) (SR-CBOE-2012-040).
---------------------------------------------------------------------------

    Under Rule 24A.4, Terms of FLEX Options, a FLEX Option may expire
on any business day specified as to day,

month and year, not to exceed a maximum term of fifteen years. In
addition, the exercise settlement value for a FLEX Index Option can be
specified as the index value determined by reference to the reported
level of the index as derived from the opening or closing prices of the
component securities (``a.m. settlement'' or ``p.m. settlement,''
respectively) or as a specified average, provided that the average
index value must conform to the averaging parameters established by the
Exchange.\7\ However, prior to the initiation of the exercise
settlement values pilot, only a.m. settlements were permitted if a FLEX
Index Option expired on, or within two business days of, a third
Friday-of-the-month expiration (``Expiration Friday'').\8\
---------------------------------------------------------------------------

    \7\ See Rule 24A.4(b)(3); see also Securities Exchange Act
Release No. 31920 (February 24, 1993), 58 FR 12280 (March 3, 1993)
(SR-CBOE-92-017). The Exchange has determined to limit the averaging
parameters to three alternatives: The average of the opening and
closing index values on the expiration date; the average of intra-
day high and low index values on the expiration date; and the
average of the opening, closing, and intra-day high and low index
values on the expiration date. Any changes to the averaging
parameters established by the Exchange would be announced to Trading
Permit Holders via circular.
    \8\ For example, prior to the pilot, the exercise settlement
value of a FLEX Index Option that expires on the Tuesday before
Expiration Friday could have an a.m., p.m. or specified average
settlement. However, the exercise settlement value of a FLEX Index
Option that expires on the Wednesday before Expiration Friday could
only have an a.m. settlement.
---------------------------------------------------------------------------

    Under the exercise settlement values pilot, this restriction on
p.m. and specified average price settlements in FLEX Index Options was
eliminated.\9\ The exercise settlement values pilot is currently set to
expire on the earlier of May 6, 2019 or the date on which the pilot
program is approved on a permanent basis.
---------------------------------------------------------------------------

    \9\ No change was necessary or requested with respect to FLEX
Equity Options. Regardless of the expiration date, FLEX Equity
Options are settled by physical delivery of the underlying.
---------------------------------------------------------------------------

    Cboe Options is proposing to extend the pilot program through the
earlier of November 4, 2019 or the date on which the pilot program is
approved on a permanent basis. Cboe Options believes the pilot program
has been successful and well received by its Trading Permit Holders and
the investing public for the period that it has been in operation as a
pilot. In support of the proposed extension of the pilot program, and
as required by the pilot program's Approval Order, the Exchange has
submitted to the Securities and Exchange Commission (the
``Commission'') pilot program reports regarding the pilot, which detail
the Exchange's experience with the program. Specifically, the Exchange
provided the Commission with annual reports analyzing volume and open
interest for each broad-based FLEX Index Options class overlying an
Expiration Friday, p.m.-settled FLEX Index Options series.\10\ The
annual reports also contained information and analysis of FLEX Index
Options trading patterns. The Exchange also provided the Commission, on
a periodic basis, interim reports of volume and open interest. In
providing the pilot reports to the Commission, the Exchange has
previously requested confidential treatment of the pilot reports under
the Freedom of Information Act (``FOIA'').\11\
---------------------------------------------------------------------------

    \10\ The annual reports also contained certain pilot period and
pre-pilot period analyses of volume and open interest for Expiration
Friday, a.m.-settled FLEX Index series and Expiration Friday Non-
FLEX Index series overlying the same index as an Expiration Friday,
p.m.-settled FLEX Index option.
    \11\ 5 U.S.C. 552.
---------------------------------------------------------------------------

    The Exchange believes there is sufficient investor interest and
demand in the pilot program to warrant its extension. The Exchange
believes that, for the period that the pilot has been in operation, the
program has provided investors with additional means of managing their
risk exposures and carrying out their investment objectives.
Furthermore, the Exchange believes that it has not experienced any
adverse market effects with respect to the pilot program, including any
adverse market volatility effects that might occur as a result of large
FLEX exercises in FLEX Option series that expire near Non-FLEX
expirations and use a p.m. settlement (as discussed below).
    In that regard, based on the Exchange's experience in trading FLEX
Options to date and over the pilot period, Cboe Options continues to
believe that the restrictions on exercise settlement values are no
longer necessary to insulate Non-FLEX expirations from the potential
adverse market impacts of FLEX expirations.\12\ To the contrary, Cboe
Options believes that the restriction actually places the Exchange at a
competitive disadvantage to its OTC counterparts in the market for
customized options, and unnecessarily limits market participants'
ability to trade in an exchange environment that offers the added
benefits of transparency, price discovery, liquidity, and financial
stability.
---------------------------------------------------------------------------

    \12\ In further support, the Exchange also notes that the p.m.
and specified average price settlements are already permitted for
FLEX Index Options on any other business day except on, or within
two business days of, Expiration Friday. The Exchange is not aware
of any market disruptions or problems caused by the use of these
settlement methodologies on these expiration dates (or on the
expiration dates addressed under the pilot program). The Exchange is
also not aware of any market disruptions or problems caused by the
use of customized options in the over-the-counter (``OTC'') markets
that expire on or near Expiration Friday and have a p.m. or
specified average exercise settlement value. In addition, the
Exchange believes the reasons for limiting expirations to a.m.
settlement, which is something the SEC has imposed since the early
1990s for Non-FLEX Options, revolved around a concern about
expiration pressure on the New York Stock Exchange (``NYSE'') at the
close that are no longer relevant in today's market. Today, the
Exchange believes stock exchanges are able to better handle volume.
There are multiple primary listing and unlisted trading privilege
(``UTP'') markets, and trading is dispersed among several exchanges
and alternative trading systems. In addition, the Exchange believes
that surveillance techniques are much more robust and automated. In
the early 1990s, it was also thought by some that opening procedures
allow more time to attract contra-side interest to reduce
imbalances. The Exchange believes, however, that today, order flow
is predominantly electronic and the ability to smooth out openings
and closes is greatly reduced (e.g., market-on-close procedures work
just as well as openings). Also, other markets, such as the NASDAQ
Stock Exchange, do not have the same type of pre-opening imbalance
disseminations as NYSE, so many stocks are not subject to the same
procedures on Expiration Friday. In addition, the Exchange believes
that NYSE has reduced the required time a specialist has to wait
after disseminating a pre-opening indication. So, in this respect,
the Exchange believes there is less time to react in the opening
than in the close. Moreover, to the extent there may be a risk of
adverse market effects attributable to p.m. settled options (or
certain average price settled options related to the closing price)
that would otherwise be traded in a non-transparent fashion in the
OTC market, the Exchange continues to believe that such risk would
be lessened by making these customized options eligible for trading
in an exchange environment because of the added transparency, price
discovery, liquidity, and financial stability available.
---------------------------------------------------------------------------

    The Exchange also notes that certain position limit, aggregation
and exercise limit requirements continue to apply to FLEX Index Options
in accordance with Rules 24A.7, Position Limits and Reporting
Requirements and 24A.8, Exercise Limits. Additionally, all FLEX Options
remain subject to the position reporting requirements in paragraph (a)
of Cboe Options Rule 4.13, Reports Related to Position Limits.\13\
Moreover, the Exchange and its Trading Permit Holder organizations each
have the

authority, pursuant to Cboe Options Rule 12.10, Margin Required is
Minimum, to impose additional margin as deemed advisable. Cboe Options
continues to believe these existing safeguards serve sufficiently to
help monitor open interest in FLEX Option series and significantly
reduce any risk of adverse market effects that might occur as a result
of large FLEX exercises in FLEX Option series that expire near Non-FLEX
expirations and use a p.m. settlement.
---------------------------------------------------------------------------

    \13\ Cboe Options Rule 4.13(a) provides that ``[i]n a manner and
form prescribed by the Exchange, each Trading Permit Holder shall
report to the Exchange, the name, address, and social security or
tax identification number of any customer who, acting alone, or in
concert with others, on the previous business day maintained
aggregate long or short positions on the same side of the market of
200 or more contracts of any single class of option contracts dealt
in on the Exchange. The report shall indicate for each such class of
options, the number of option contracts comprising each such
position and, in the case of short positions, whether covered or
uncovered.'' For purposes of Rule 4.13, the term ``customer'' in
respect of any Trading Permit Holder includes ``the Trading Permit
Holder, any general or special partner of the Trading Permit Holder,
any officer or director of the Trading Permit Holder, or any
participant, as such, in any joint, group or syndicate account with
the Trading Permit Holder or with any partner, officer or director
thereof.'' Rule 4.13(d).
---------------------------------------------------------------------------

    Cboe Options is also cognizant of the OTC market, in which similar
restrictions on exercise settlement values do not apply. Cboe Options
continues to believe that the pilot program is appropriate and
reasonable and provides market participants with additional flexibility
in determining whether to execute their customized options in an
exchange environment or in the OTC market. Cboe Options continues to
believe that market participants benefit from being able to trade these
customized options in an exchange environment in several ways,
including, but not limited to, enhanced efficiency in initiating and
closing out positions, increased market transparency, and heightened
contra-party creditworthiness due to the role of the Options Clearing
Corporation as issuer and guarantor of FLEX Options.
    If, in the future, the Exchange proposes an additional extension of
the pilot program, or should the Exchange propose to make the pilot
program permanent, the Exchange will submit, along with any filing
proposing such amendments to the pilot program, an annual report
(addressing the same areas referenced above and consistent with the
pilot program's Approval Order) to the Commission at least two months
prior to the expiration date of the program. The Exchange will also
continue, on a periodic basis, to submit interim reports of volume and
open interest consistent with the terms of the exercise settlement
values pilot program as described in the pilot program's Approval
Order. Additionally, the Exchange will provide the Commission with any
additional data or analyses the Commission requests because it deems
such data or analyses necessary to determine whether the pilot program
is consistent with the Exchange Act. The Exchange is in the process of
making public on its website data and analyses previously submitted to
the Commission under the pilot program, and will make public any data
and analyses it submits to the Commission under the pilot program in
the future.
    As noted in the pilot program's Approval Order, any positions
established under the pilot program would not be impacted by the
expiration of the pilot program.\14\
---------------------------------------------------------------------------

    \14\ For example, a position in a p.m.-settled FLEX Index Option
series that expires on Expiration Friday in January 2019 could be
established during the exercise settlement values pilot. If the
pilot program were not extended (or made permanent), then the
position could continue to exist. However, the Exchange notes that
any further trading in the series would be restricted to
transactions where at least one side of the trade is a closing
transaction. See Approval Order at footnotes 9 and 10, supra note 5.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\15\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \16\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \17\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed extension of
the pilot program, which permits additional exercise settlement values,
would provide greater opportunities for investors to manage risk
through the use of FLEX Options. Further, the Exchange believes that it
has not experienced any adverse effects from the operation of the pilot
program, including any adverse market volatility effects that might
occur as a result of large FLEX exercises in FLEX Option series that
expire near Non-FLEX expirations and use a p.m. settlement. The
Exchange also believes that the extension of the exercise settlement
values pilot does not raise any unique regulatory concerns. In
particular, although p.m. settlements may raise questions with the
Commission, the Exchange believes that, based on the Exchange's
experience in trading FLEX Options to date and over the pilot period,
market impact and investor protection concerns will not be raised by
this rule change. The Exchange also believes that the proposed rule
change would continue to provide Trading Permit Holders and investors
with additional opportunities to trade customized options in an
exchange environment (which offers the added benefits of transparency,
price discovery, liquidity, and financial stability as compared to the
over-the-counter market) and subject to exchange-based rules, and
investors would benefit as a result.

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

    Cboe Options does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes there
is sufficient investor interest and demand in the pilot program to
warrant its extension. The Exchange believes that, for the period that
the pilot has been in operation, the program has provided investors
with additional means of managing their risk exposures and carrying out
their investment objectives. Furthermore, the Exchange believes that it
has not experienced any adverse market effects with respect to the
pilot program, including any adverse market volatility effects that
might occur as a result of large FLEX exercises in FLEX Option series
that expire near Non-Flex expirations and use a p.m. settlement. Cboe
Options believes that the restriction actually places the Exchange at a
competitive disadvantage to its OTC counterparts in the market for
customized options, and unnecessarily limits market participants'
ability to trade in an exchange environment that offers the added
benefits of transparency, price discovery, liquidity, and financial
stability. Therefore, the Exchange does not believe that the proposed
rule change will impose any burden on competition.

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

    The Exchange 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 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 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
\18\ and Rule 19b-4(f)(6) thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission 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
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
such waiver will allow the Exchange to extend the pilot program prior
to its expiration on May 6, 2019, and maintain the status quo, thereby
reducing market disruption.
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\22\
---------------------------------------------------------------------------

    \22\ For purposes only of waiving the operative delay for this
proposal, 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 the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. 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 Number SR-CBOE-2019-021 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-CBOE-2019-021. 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 Number SR-CBOE-2019-021 and should be submitted on
or before May 20, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12) and (59).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-08500 Filed 4-26-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: November 1, 2006 (Volume 71, Number 211)]
[Notices]
[Page 64257-64258]
[DOCID:fr01no06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-29-000]

Cheyenne Plains Gas Pipeline Company, LLC; Notice of Proposed
Changes in FERC Gas Tariff

October 25, 2006.
    Take notice that on October 20, 2006, Cheyenne Plains Gas Pipeline
Company, L.L.C. (Cheyenne Plains) tendered for filing as part of its
FERC Gas Tariff, Original Volume No. 1, Second Revised Sheet No. 309 to
become effective November 20, 2006.
    Cheyenne Plains states that the tariff sheet specifies that
electric driven compressors will be included in Cheyenne Plains'
existing fuel gas recovery mechanism.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for

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

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18342 Filed 10-31-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Page 29364]
[FR Doc No: 2013-11886]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL13-61-000, QF05-114-005, QF05-116-005, QF05-115-005,
QF03-13-006, QF06-289-005, QF06-290-005, QF07-46-005, QF07-53-005,
QF07-54-005, QF07-55-005, QF07-56-005, QF07-257-004]

Exelon Corporation, Exelon Wind 1, LLC, Exelon Wind 2, LLC,
Exelon Wind 3, LLC, Exelon Wind 4, LLC, Exelon Wind 5, LLC, Exelon Wind
6, LLC, Exelon Wind 7, LLC, Exelon Wind 8, LLC, Exelon Wind 9, LLC,
Exelon Wind 10, LLC, Exelon Wind 11, LLC, High Plains Wind Power, LLC
v. Xcel Energy Services, Inc., Southwestern Public Service Company;
Notice of Complaint and Petition for Enforcement

    Take notice that on May 9, 2013, pursuant to sections 206 and
207(a)(2) of the Rules of Practice and Procedure of the Federal Energy
Regulatory Commission (Commission) 18 CFR 385.206 and 385.207(a)(2),
sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824(e) and
825(e), and section 210 of the Public Utility Regulatory Policies Act
of 1978 (PURPA), Exelon Corporation, on behalf of its subsidiaries
Exelon Wind 1, LLC, Exelon Wind 2, LLC, Exelon Wind 3, LLC, Exelon Wind
4, LLC, Exelon Wind 5, LLC, Exelon Wind 6, LLC, Exelon Wind 7, LLC,
Exelon Wind 8, LLC, Exelon Wind 9, LLC, Exelon Wind 10, LLC, Exelon
Wind 11, LLC, and High Plains Wind Power, LLC (Complainants) filed a
formal complaint and petition for enforcement requesting that the
Commission find that Xcel Energy Services Inc., and its operating
subsidiary, Southwestern Public Service Company (Respondents) violated
PURPA and Commission's regulations. Complainants requests that the
Commission exercise its authority and initiate enforcement action
against Respondents.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible 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 May 30, 2013.

    Dated: May 13, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11886 Filed 5-17-13; 8:45 am]
BILLING CODE 6717-01-P