[Federal Register: October 10, 2008 (Volume 73, Number 198)]
[Notices]
[Page 60306]
[DOCID:fr10oc08-97]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3294-EM]

Texas; Amendment No. 3 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Texas (FEMA-3294-EM), dated September 10, 2008, and
related determinations.

DATES: Effective Date: September 26, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 26, 2008.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-24087 Filed 10-9-08; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15221-15222]
[FR Doc No: 2011-6519]

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DEPARTMENT OF TRANSPORTATION

49 CFR Part 1

[Docket No. DOT-OST-1999-6189]
RIN 9991-AA56

Organization and Delegation of Powers and Duties; Assistant
Secretary for Administration

AGENCY: Office of the Secretary of Transportation.

ACTION: Final rule.

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SUMMARY: This rule delegates authorities vested in the Secretary of
Transportation (Secretary) by the Energy Independence and Security Act
of 2007 (Act) (Pub. L. 110-140; December 19, 2007) to the Assistant
Secretary for Administration.

DATES: This rule is effective March 21, 2011.

FOR FURTHER INFORMATION CONTACT: Eugene Tumblin in the Office of
Facilities, Information, and Asset Management at<PHONE_NUMBER> or
Brett Jortland in the Office of the General Counsel at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On December 19, 2007, the Act was signed
into law. Title 49 of the Code of Federal Regulations (CFR) 1.59
delegates to the Assistant Secretary for Administration the authority
to carry out various functions and activities related to the mission of
the agency vested in or delegated to the Secretary. The Secretary has
determined that certain authority vested in the Secretary under the Act
concerning DOT fleet management activities should be delegated to the
Assistant Secretary for Administration. This rulemaking adds
subparagraph (a)(7) to Sec.  1.59 to reflect these delegations.
    Since this amendment relates to departmental management,
organization, procedure, and practice, notice and comment are
unnecessary under 5 U.S.C. 553(b). Further, since the amendment
expedites the Department's ability to meet the statutory intent of the
applicable laws and regulations covered by this delegation, the
Secretary finds good cause under 5 U.S.C. 553(d)(3) for the final rule
to be effective on the date of publication in the Federal Register.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    The final rule is not considered a significant regulatory action
under Executive Order 12866 and DOT Regulatory Policies and Procedures
(44 FR 11034). There are no costs associated with this rule.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.

C. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the

communities of the Indian tribal governments and does not impose
substantial direct compliance costs, the funding and consultation
requirements of Executive Order 13175 do not apply.

D. Regulatory Flexibility Act

    No notice of proposed rulemaking is required for this rule under
the Administrative Procedure Act, 5 U.S.C. 553, so the provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
This rule will impose no costs on small entities because it simply
delegates authority from one official to another. Therefore, I certify
this final rule will not have a significant economic impact on a
substantial number of small businesses.

E. Paperwork Reduction Act

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

F. Unfunded Mandates Reform Act

    The Department of Transportation has determined that the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply to this rulemaking.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organization and
functions (Government agencies).

    For the reasons set forth in the preamble, the Office of the
Secretary of Transportation amends 49 CFR part 1 as follows:

PART 1--[AMENDED]

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

    Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-159,
113 Stat. 1748; Pub. L. 107-71, 115 Stat. 597; Pub. L. 107-295, 116
Stat. 2064; Pub. L. 108-136, 117 Stat. 1392; Pub. L. 101-115, 103
Stat. 691; Pub. L. 108-293, 118 Stat. 1028; Pub. L. 109-364, 120
Stat. 2083; Pub. L. 110-140, 121 Stat. 1492; Pub. L. 110-432, 122
Stat. 4848.

0
2. In Sec.  1.59, add paragraph (a)(7) to read as follows:

Sec.  1.50  Delegations to the Assistant Secretary for Administration.

* * * * *
    (a) * * *
    (7) Carry out the duties and responsibilities of the agency head
for departmental fleet management, acquisition and replacement of
vehicles pursuant to the Energy Independence and Security Act of 2007.
* * * * *

    Dated: February 28, 2011.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2011-6519 Filed 3-18-11; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Page 142]
[FR Doc No: E9-31092]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 400-051]

Public Service Company of Colorado; Notice of Settlement
Agreement and Soliciting Comments and Reply Comments

December 24, 2009.
    Take notice that the following Settlement Agreement (Settlement)
has been filed with the Commission and is available for public
inspection.
    a. Type of Application: Settlement Agreement.
    b. Project No.: P-400-051.
    c. Date Filed: December 23, 2009.
    d. Applicant: Public Service Company of Colorado (PSCo).
    e. Name of Project: Ames Hydroelectric Project.
    f. Location: The existing project is located on Lake Fork, Howard
Fork, and South Fork of the San Miguel River, in San Miguel County,
about 6 miles north of Telluride, Colorado. The Ames Project occupies
99 acres of the Uncompahgre National Forest.
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602 Federal Power Act 16 U.S.C.
791(a)-825(r).
    h. Applicant Contact: Randy Rhodes, Public Service Company of
Colorado, 4653 Table Mountain Drive, Golden Colorado 80403; telephone
(720) 497-2123.
    i. FERC Contact: David Turner<PHONE_NUMBER> or via e-mail at
<EMAIL_ADDRESS>    j. Deadline for filing comments on the Settlement: January 12,
2010. Reply comments due January 22, 2010. Comments may be filed
electronically via the Internet in lieu of paper. The Commission
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site (http://www.ferc.gov)
under the ``e-Filing'' link. Written comments (original and eight
copies) should be filed with: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    k. PSCo filed the settlement agreement, which resolves all aquatic
habitat and fishery related issues in conjunction with the United
States Forest Service's proposed section 4(e) conditions for the Ames
Hydroelectric Project. PSCo filed the settlement agreement on behalf of
itself, United States Forest Service, and the Colorado Department of
Natural Resources. PSCo requests that the Commission accept and
incorporate, without material modification, all of the proposed license
articles in Appendix B of the settlement agreement in the new project
license.
    l. The A copy of the settlement agreement is available for review
at the Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov, using the ``e-Library''
link. Enter the docket number, excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    Register online at http://www.ferc.gov/esubscribenow.htm to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-31092 Filed 12-31-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73679-73680]
[FR Doc No: 2015-30122]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 46

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DEPARTMENT OF AGRICULTURE

7 CFR Part 1c

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DEPARTMENT OF ENERGY

10 CFR Part 745

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1230

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DEPARTMENT OF COMMERCE

15 CFR Part 27

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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 431

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AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 225

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DEPARTMENT OF JUSTICE

28 CFR Part 46

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DEPARTMENT OF LABOR

29 CFR Part 21

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DEPARTMENT OF DEFENSE

32 CFR Part 219

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DEPARTMENT OF EDUCATION

34 CFR Part 97

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 16

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 26

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 46

RIN 0937-AA02
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NATIONAL SCIENCE FOUNDATION

45 CFR Part 690

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DEPARTMENT OF TRANSPORTATION

49 CFR Part 11

Federal Policy for the Protection of Human Subjects

AGENCIES: Department of Homeland Security; Department of Agriculture;
Department of Energy; National Aeronautics and Space Administration;
Department of Commerce; Social Security Administration; Agency for
International Development; Department of Justice; Department of
Labor;Department of Defense; Department of Education; Department of
Veterans Affairs; Environmental Protection Agency; Department of Health
and Human Services; National Science Foundation; and Department of
Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Health and Human Services and the other
Federal Departments and Agencies listed in this document are extending
the comment period on the Federal Policy for the Protection of Human
Subjects notice of proposed rulemaking. The NPRM requests comment on
proposed revisions to modernize, strengthen, and make more effective
the Federal Policy for the Protection of Human Subjects that was
promulgated as a Common Rule in 1991. The NPRM was published in the
Federal Register on September 8, 2015.

DATES: The comment period for the NPRM published on September 8, 2015
(80 FR 53933), is extended by 30 days and thus will end on January 6,
2016.

ADDRESSES: You may submit comments, identified by docket ID number HHS-
OPHS-2015-0008, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Enter the above docket ID number in the ``Enter Keyword or ID'' field
and click on ``Search.'' On the next Web page, click on ``Submit a
Comment'' action and follow the instructions.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM
submissions] to: Jerry Menikoff, M.D., J.D., OHRP, 1101 Wootton
Parkway, Suite 200, Rockville, MD 20852.
    Comments received, including any personal information, will be
posted without change to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jerry Menikoff, M.D., J.D., Office for
Human Research Protections (OHRP), Department of Health and Human
Services, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852;
telephone:<PHONE_NUMBER> or 1-866-447-4777; EMAIL:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Since the NPRM was published on September 8,
2015 (80 FR 53933), participating departments and agencies have
received requests to extend the comment period to allow sufficient time
for a full review of the NPRM. The departments and agencies listed in
this document are committed to affording the public a meaningful
opportunity to comment on the NPRM and welcome comments.

    Dated: November 20, 2015.
Sylvia Burwell,
Secretary of the Department of Health and Human Services.
[FR Doc. 2015-30122 Filed 11-24-15; 8:45 am]
BILLING CODE 4150-36-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Pages 20684-20686]
[FR Doc No: 2012-8173]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66705; File No. SR-BX-2012-024]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the BOX Trading Rules Regarding the Short Term Option Series Program

March 30, 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 March 29, 2012, NASDAQ OMX BX, Inc. (the ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. 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.
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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 Trading Rules of the Boston
Options Exchange Group, LLC (``BOX'') regarding the Short Term Option
Series Program. The text of the proposed rule change is available from
the principal office of the Exchange, on the Exchange's Internet Web
site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend Supplementary
Material .07 to Chapter IV, Section 6 (Series of Options Open for
Trading) and Supplementary Material .02 to Chapter XIV, Section 10
(Terms of Index Options Contracts) to expand the Short Term Option
Series Program (``Weeklys Program'').\3\ Specifically, the Exchange
proposes to amend the BOX Rules to allow BOX to open short term option
series that are opened by other securities exchanges in option classes
selected by other exchanges under their respective short term option
rules.
---------------------------------------------------------------------------

    \3\ The Exchange adopted the Weeklys Program on July 15, 2010.
See Securities Exchange Act Release No. 62505 (July 15, 2010), 75 FR
42792 (July 22, 2010) (SR-BX-2010-047).
---------------------------------------------------------------------------

    Currently, BOX may select up to 30 currently listed option classes
on which short term option series may be opened

in the Weeklys Program. BOX may also match any option classes that are
selected by other securities exchanges that employ a similar program
under their respective rules. For each option class eligible for
participation in the Weeklys Program, BOX may open up to 30 short term
option series for each expiration date in that class.
    This proposal seeks to allow BOX to open short term option series
that are opened by other securities exchanges in option classes
selected by other exchanges under their respective short term option
rules. This change is being proposed notwithstanding the current cap of
30 series per class under the Weeklys Program. This is a competitive
filing and is based on approved filings and existing rules of The
NASDAQ Stock Market LLC for the NASDAQ Options Market (``NOM'') and
NASDAQ OMX PHLX, Inc. (``PHLX'').\4\
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    \4\ See Securities Exchange Act Release Nos. 65775 (November 17,
2011), 76 FR 72473 (November 23, 2011) (SR-NASDAQ-2011-138) and
65776 (November 17, 2011), 76 FR 72482 (November 23, 2011) (SR-PHLX-
2011-131).
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    BOX is competitively disadvantaged since it operates a
substantially similar Weeklys Program as NOM and PHLX but is limited to
listing a maximum of 30 series per options class that participates in
its Weeklys Program (whereas PHLX and NOM are not similarly
restricted).
    The Exchange is not proposing any changes to the Weeklys Program
other than the ability to open short term option series that are opened
by other securities exchanges in option classes selected by other
exchanges under their respective short term option rules.
    BOX notes that the Weeklys Program has been well-received by market
participants, in particular by retail investors. BOX believes that the
current proposed revision to the Weeklys Program will permit BOX to
meet increased customer demand and provide market participants with the
ability to hedge in a greater number of option classes and series.
    With regard to the impact of this proposal on system capacity, BOX
has analyzed its capacity and represents that it and the Options Price
Reporting Authority (``OPRA'') have the necessary systems capacity to
handle the potential additional traffic associated with trading of an
expanded number of series for the classes that participate in the
Weeklys Program.
    The proposed increase to the number of series per classes eligible
to participate in the Weeklys Program is required for competitive
purposes as well as to ensure consistency and uniformity among the
competing options exchanges that have adopted similar Weeklys Programs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 \5\ (the
``Act'') in general, and furthers the objectives of Section 6(b)(5) of
the Act \6\ in particular, in that it is 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 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. The Exchange believes that expanding the current short
term options program will result in a continuing benefit to investors
by giving them more flexibility to closely tailor their investment
decisions and hedging decisions in greater number of securities. The
Exchange believes that expanding the current program would provide the
investing public and other market participants increased opportunities
because an expanded program would provide market participants
additional opportunities to hedge their investment thus allowing these
investors to better manage their risk exposure. While the expansion of
the Weeklys Program will generate additional quote traffic, the
Exchange does not believe that this increased traffic will become
unmanageable since the proposal remains limited to a fixed number of
classes.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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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. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
competitive response to existing NOM and PHLX rules. The Exchange
believes this proposed rule change is necessary to permit fair
competition among the options exchanges with respect to their short
term options programs.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's 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.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to those of
other exchanges that have been approved by the Commission that permit
an exchange to open short term option series that are opened by other
securities exchanges to participate in such exchange's respective short
term option series program.\9\ Therefore, the Commission designates the
proposal operative upon filing.\10\
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    \9\ See supra note 4.
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of 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.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-024 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2012-024. 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 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2012-024 and should be
submitted on or before April 26, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-8173 Filed 4-4-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52528]
[DOCID:fr26au10-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM06-16-010; RM06-16-011]

 Mandatory Reliability Standards for the Bulk-Power System;
Notice of Technical Conference

August 19, 2010.
    Take notice that the Federal Energy Regulatory Commission staff
will hold a Technical Conference on Frequency Response in the Wholesale
Electric Grid on Thursday, September 23, from 10 a.m. to approximately
4 p.m. This staff-led conference will be held in the Commission Meeting
Room at the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426. The conference will be open for the public
to attend and advance registration is not required. Members of the
Commission may attend the conference.
    The purpose of the conference is to discuss technical issues
pertaining to frequency response. In Order No. 693 the Commission
approved Reliability Standard BAL-003-0 as mandatory and enforceable
and directed the ERO to develop a modification to BAL-003-0 through the
Reliability Standards development process that ``defines the necessary
amount of Frequency Response needed for Reliable Operation for each
balancing authority with methods of obtaining and measuring that the
frequency response is achieved.'' \1\ In a March 18, 2010 order, the
Commission set a compliance deadline for NERC to comply with this
Commission directive. Several parties sought rehearing of the March 18,
2010 order,\2\ and on May 13, 2010, the Commission directed Commission
staff to ``convene a technical conference to provide an opportunity for
a public discussion regarding technical issues pertaining to the
development of a frequency response requirement.'' \3\
---------------------------------------------------------------------------

    \1\ Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, FERC Stats. & Regs. ] 31,242, at P 375, order on
reh'g, Order No. 693-A, 120 FERC ] 61,053 (2007).
    \2\ Mandatory Reliability Standards for the Bulk Power System,
130 FERC ] 61,218, order granting reh'g for further consideration
and scheduling technical conference, 131 FERC ] 61,136 (2010) (May
13, 2010 Order).
    \3\ May 13, 2010 Order, 131 FERC ] 61,136 at P 14.
---------------------------------------------------------------------------

    The agenda for this conference will be issued at a later date.
Information on this event will be posted on the Calendar of Events on
the Commission's Web site, http://www.ferc.gov, prior to the event.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact: Sarah
McKinley, Office of External Affairs, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
8368<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21163 Filed 8-25-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59131-59135]
[FR Doc No: 2016-19914]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, 522, 524, and 558

[Docket No. FDA-2016-N-0002]

New Animal Drugs; Approval of New Animal Drug Applications;
Withdrawal of Approval of New Animal Drug Applications; Changes of
Sponsorship; Change of Sponsor's Name and Address; Change of Sponsor's
Address

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending the
animal drug regulations to reflect application-related actions for new
animal drug applications (NADAs) and abbreviated new animal drug
applications (ANADAs) during May and June 2016. FDA is also informing
the public of the availability of summaries of the basis of approval
and of environmental review documents, where applicable. The animal
drug regulations are also being amended to reflect changes of
sponsorship of applications, changes of sponsors' names and addresses,
and the voluntary withdrawals of approval of applications.

DATES: This rule is effective August 29, 2016, except for the
amendments to 21 CFR 558.274, 58.355, 58.363, 58.550, 558.625, and
558.630, which are effective September 8, 2016.

FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for
Veterinary Medicine (HFV-6), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Approval Actions

    FDA is amending the animal drug regulations to reflect approval
actions for NADAs and ANADAs during May and June 2016, as listed in
table 1. In addition, FDA is informing the public of the availability,
where applicable, of documentation of environmental review required
under the National Environmental Policy Act (NEPA) and, for actions
requiring review of safety or effectiveness data, summaries of the
basis of approval (FOI Summaries) under the Freedom of Information Act
(FOIA). These public documents may be seen in the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday
through Friday. Persons with access to the Internet may obtain these
documents at the CVM FOIA Electronic Reading Room: http://www.fda.gov/AboutFDA/CentersOffices/OfficeofFoods/CVM/CVMFOIAElectronicReadingRoom/default.htm. Marketing exclusivity and patent information may be
accessed in FDA's publication, Approved Animal Drug Products Online
(Green Book) at: http://www.fda.gov/AnimalVeterinary/Products/ApprovedAnimalDrugProducts/default.htm.

                                  Table 1--Original and Supplemental NADAs and ANADAs Approved During May and June 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Indications for use/
       Approval date          File No.         Sponsor              Product name            Species         effect of the action     Public documents
--------------------------------------------------------------------------------------------------------------------------------------------------------
May 2, 2016................    141-439  Elanco Animal Health,  INTEPRITY              Chickens...........  Original approval for  FOI Summary, EA/
                                         A Division of Eli      (avilamycin) Type A                         the prevention of      FONSI.\1\
                                         Lilly & Co., Lilly     medicated article.                          mortality caused by
                                         Corporate Center,                                                  necrotic enteritis
                                         Indianapolis, IN                                                   associated with
                                         46285.                                                             Clostridium
                                                                                perfringens in
                                                                                broiler chickens.
May 16, 2016...............    141-457  Aratana Therapeutics,  ENTYCE (capromorelin   Dogs...............  Original approval for  FOI Summary.
                                         Inc., 11400 Tomahawk   oral solution).                             appetite stimulation
                                         Creek Pkwy.,                                                       in dogs.
                                         Leawood, KS 66211.
May 17, 2016...............    141-463  Elanco US, Inc., 2500  ONSIOR (robenacoxib)   Dogs...............  Original approval for  FOI Summary.
                                         Innovation Way,        Tablets for Dogs.                           the control of
                                         Greenfield, IN 46140.                                              postoperative pain
                                                                                and inflammation
                                                                                associated with soft
                                                                                tissue surgery in
                                                                                dogs.
May 17, 2016...............    200-536  Med-Pharmex, Inc.,     MOMETAVET (gentamicin  Dogs...............  Original approval of   FOI Summary.
                                         2727 Thompson Creek    sulfate, USP;                               a generic copy of
                                         Rd., Pomona, CA        mometasone furoate                          NADA 141-177.
                                         91767-1861.            anhydrous, USP; and
                                                                clotrimazole, USP)
                                                                Otic Suspension.
May 24, 2016...............    200-596  Huvepharma EOOD, 5th   TILMOVET 90            Cattle.............  Original approval for  FOI Summary.
                                         Floor, 3A Nikolay      (tilmicosin                                 use in two-way,
                                         Haytov Str., 1113      phosphate) and                              combination drug
                                         Sophia, Bulgaria.      RUMENSIN 90                                 Type B and Type C
                                                                (monensin) Type A                           medicated feeds for
                                                                medicated articles.                         cattle fed in
                                                                                confinement for
                                                                                slaughter.
June 20, 2016..............    200-587  Cross Vetpharm Group   FERROFORTE             Piglets............  Original approval as   FOI Summary.
                                         Ltd. Broomhill Rd.,    (gleptoferron                               a generic copy of
                                         Tallaght, Dublin 24,   injection).                                 NADA 110-399.
                                         Ireland.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Agency has carefully considered an environmental assessment (EA) of the potential environmental impact of this action and has made a finding of
  no significant impact (FONSI).

II. Changes of Sponsorship

    Bayer HealthCare LLC, Animal Health Division, P.O. Box 390,
Shawnee, Mission, KS 66201 has informed FDA that it has transferred
ownership of, and all rights and interest in, the following approved
applications to Huvepharma EOOD, 5th Floor, 3A Nikolay Haitov Str.,
1113 Sofia, Bulgaria:

------------------------------------------------------------------------
        File No.                   Product name           21 CFR section
------------------------------------------------------------------------
200-228................  PHOENECTIN (ivermectin)                522.1192
                          Injectable Solution.
200-254................  Iron Dextran Injection, 100 mg/        522.1182
                          mL.
200-256................  Iron Dextran Injection, 200 mg/        522.1182
                          mL.
200-351................  Lincomycin Injectable, USP.....        522.1260
200-389................  Amprolium 9.6% Oral Solution...         520.100
------------------------------------------------------------------------

    As provided in the regulatory text of this document, the animal
drug regulations are amended to reflect these changes of sponsorship.

III. Withdrawals of Approval

    In addition, during May and June 2016, Elanco US, Inc., 2500
Innovation Way, Greenfield, IN 46140 requested that FDA withdraw
approval of the NADAs listed in the following table because the
products are no longer manufactured or marketed:

------------------------------------------------------------------------
        File No.                   Product name           21 CFR section
------------------------------------------------------------------------
012-548 \1\............  TYLOSIN (tylosin phosphate)/            558.274
                          HYGROMIX (hygromycin B).
013-162 \1\............  TYLAN TM (tylosin phosphate)            558.625
                          Type A medicated article.
013-388 \1\............  TYLAN (tylosin phosphate)/              558.274
                          HYGROMIX (hygromycin B) Premix.
015-166 \1\............  TYLAN TM (tylosin phosphate)            558.625
                          Type A medicated article.
127-507 \1\............  TYLAN 5, 10, 20, or 40 SULFA-G          558.630
                          (tylosin phosphate and
                          sulfamethazine).
141-164 \1\............  TYLAN (tylosin phosphate)/COBAN         558.355
                          (monensin).
141-170 \1\............  TYLAN (tylosin phosphate)/              558.363
                          MONTEBAN (narasin).
141-198 \1\............  TYLAN TM (tylosin phosphate)/           558.550
                          BIO-COX (salinomycin).
------------------------------------------------------------------------
\1\ These NADAs were identified as being affected by guidance for
  industry #213, ``New Animal Drugs and New Animal Drug Combination
  Products Administered in or on Medicated Feed or Drinking Water of
  Food-Producing Animals: Recommendations for Drug Sponsors for
  Voluntarily Aligning Product Use Conditions with GFI #209,'' December
  2013.

    Elsewhere in this issue of the Federal Register, FDA gave notice
that approval of NADAs 012-548, 013-162, 013-388, 015-166, 127-507,
141-640, 141-170, and 141-198, and all supplements and amendments
thereto, is withdrawn, effective September 8, 2016. As provided in the
regulatory text of this document, the animal drug regulations are
amended to reflect these voluntary withdrawals of approval.

IV. Technical Amendments

    FDA has noticed that a drug labeler code in 21 CFR 520.2325a does
not accurately reflect the sponsorship of a new animal drug
application. At this time, we are amending this section. This action is
being taken to improve the accuracy of the regulations.
    Also, ConAgra Pet Products Co., 3902 Leavenworth St., Omaha, NE
68105 has informed FDA that it is changing its name and address to
Sergeant's Pet Care Products, Inc., 10077 S. 134th St., Omaha, NE
68138.
    Alexion Pharmaceuticals, Inc., 33 Hayden Ave., Lexington, MA 02421
has informed FDA that it has changed its address to 100 College St.,
New Haven, CT 06510. At this time, this firm is being added to the list
of sponsors of approved application in 21 CFR 510.600(c) which we had
not done previously.
    FDA has noticed that the maximum concentration of sulfadimethoxine
with ormetoprim in 2-way, fixed-ratio combination drug Type B medicated
feeds in 21 CFR 558.4 was amended in error. At this time, we are
revising this section to provide for appropriate concentrations in Type
B medicated feeds for salmonids and catfish. This action is being taken
to improve the accuracy of the regulations.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Parts 520, 522, and 524

    Animal drugs.

21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510,
520, 522, 524, and 558 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for part 510 continues to read as follows:

    Authority:  21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

0
2. In Sec.  510.600, in the table in paragraph (c)(1), alphabetically
add an entry for ``Alexion Pharmaceuticals, Inc.'', remove the entry
for ``ConAgra Pet Products Co.'', and alphabetically add an entry for
``Sergeant's Pet Care Products, Inc.''; and in the table in paragraph
(c)(2), revise the entry for ``021091'' and numerically add an entry
for ``069334''.
    The additions and revisions read as follows:

Sec.  510.600  Names, addresses, and drug labeler codes of sponsors of
approved applications.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                                           Drug labeler
                  Firm name and address                        code
------------------------------------------------------------------------

                              * * * * * * *
Alexion Pharmaceuticals, Inc., 100 College St., New               069334
 Haven, CT 06510........................................

                              * * * * * * *
Sergeant's Pet Care Products, Inc., 10077 S. 134th St.,           021091
 Omaha, NE 68138........................................

                              * * * * * * *
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
        Drug labeler code                  Firm name and address
------------------------------------------------------------------------

                              * * * * * * *
021091..........................  Sergeant's Pet Care Products, Inc.,
                                   10077 S. 134th St., Omaha, NE 68138.

                              * * * * * * *
069334..........................  Alexion Pharmaceuticals, Inc., 100
                                   College St., New Haven, CT 06510.

                              * * * * * * *
------------------------------------------------------------------------

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for part 520 continues to read as follows:

    Authority:  21 U.S.C. 360b.

Sec.  520.100   [Amended]

0
4. In Sec.  520.100, remove paragraphs (b)(3) and (4).

Sec. Sec.  520.300, 520.300a, 520.300b, and 520.300c  [Redesignated as
Sec. Sec.  520.284, 520.284a, 520.284b, and 520.284c.]

0
5. Redesignate Sec. Sec.  520.300, 520.300a, 520.300b, and 520.300c as
Sec. Sec.  520.284, 520.284a, 520.284b, and 520.284c.

0
6. Add Sec.  520.292 to read as follows:

Sec.  520.292  Capromorelin.

    (a) Specifications. Each milliliter of solution contains 30
milligrams (mg) capromorelin.
    (b) Sponsor. See No. 086026 in Sec.  510.600(c) of this chapter.
    (c) Conditions of use in dogs--(1) Amount. Administer 3 mg/kg once
daily by mouth.
    (2) Indications for use. For appetite stimulation in dogs.
    (3) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.

0
7. In Sec.  520.2075, revise paragraphs (a) and (c) to read as follows:

Sec.  520.2075  Robenacoxib.

    (a) Specifications. Each tablet contains 10, 20, or 40 milligrams
(mg) robenacoxib for use in dogs, or 6 mg robenacoxib for use in cats.
* * * * *
    (c) Conditions of use--(1) Dogs--(i) Amount. Administer 0.91 mg/lb
(2 mg/kg) orally, once daily, for a maximum of 3 days.
    (ii) Indications for use. For the control of postoperative pain and
inflammation associated with soft tissue surgery in dogs weighing at
least 5.5 lb (2.5 kg) and at least 4 months of age for a maximum of 3
days.
    (iii) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.
    (2) Cats--(i) Amount. Administer 0.45 mg/lb (1 mg/kg) orally, once
daily, for a maximum of 3 days.
    (ii) Indications for use. For the control of postoperative pain and
inflammation associated with orthopedic surgery, ovariohysterectomy,
and castration in cats weighing at least 5.5 lb (2.5 kg) and at least 4
months of age for a maximum of 3 days.
    (iii) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.

Sec.  520.2325a  [Amended]

0
8. In Sec.  520.2325a, in paragraph (a)(3), remove ``053501'' and in
its place add ``054771''.

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
9. The authority citation for part 522 continues to read as follows:

    Authority: 21 U.S.C. 360b.

0
10. Revise Sec.  522.1055 to read as follows:

Sec.  522.1055  Gleptoferron.

    (a) Specifications. Each milliliter (mL) contains the equivalent of
200 milligrams of elemental iron as gleptoferron, a complex of ferric
hydroxide and dextran glucoheptonic acid.
    (b) Sponsors. See Nos. 059120 and 061623 in Sec.  510.600(c) of
this chapter.
    (c) Conditions of use in swine--(1) Indications for use and
amounts--(i) Prevention of anemia due to iron deficiency: Administer 1
mL (200 mg iron) per pig by intramuscular injection on or before 3 days
of age.
    (ii) Treatment of anemia due to iron deficiency: Administer 1 mL
(200 mg iron) per pig by intramuscular injection as soon as signs of
deficiency appear.
    (2) [Reserved]

Sec.  522.1182  [Amended]

0
11. In Sec.  522.1182, in paragraph (b) introductory text, remove
``baby pigs'' and in its place add ``young piglets''; in paragraph
(b)(7) introductory text, remove ``000859'' and in its place add
``016592''; and in paragraphs (b)(7)(i) and (ii), remove ``baby pig''.

Sec.  522.1192  [Amended]

0
12. In Sec.  522.1192, in paragraph (b)(2), remove ``000859'' and in
its place add ``016592,''.

Sec.  522.1260  [Amended]

0
13. In Sec.  522.1260, in paragraph (b)(2), remove ``000859'' and in
its place add ``016592''.

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
14. The authority citation for part 524 continues to read as follows:

    Authority: 21 U.S.C. 360b.

0
15. In Sec.  524.1044h, revise paragraphs (a) and (b) to read as
follows:

Sec.  524.1044h  Gentamicin, mometasone, and clotrimazole otic
suspension.

    (a) Specifications. Each gram of suspension contains gentamicin
sulfate, United States Pharmacopeia (USP) equivalent to 3 milligram
(mg) gentamicin base, mometasone furoate monohydrate or mometasone
furoate anhydrous, USP, equivalent to 1 mg mometasone, and 10 mg
clotrimazole, USP.
    (b) Sponsors. See Nos. 000061 and 054925 in Sec.  510.600(c) of
this chapter.
* * * * *

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
16. The authority citation for part 558 continues to read as follows:

    Authority: 21 U.S.C. 354, 360b, 360ccc, 360ccc-1, 371.

Sec.  558.4  [Amended]

0
17. In Sec.  558.4, in paragraph (d), in the ``Category I'' table, in
the ``Type B maximum (200 x)'' column, in the row entry for
``Avilamycin'', remove ``3.65 g/lb (0.8%)'' and in its place add ``7.3
g/lb (1.6%)''; and in the ``Category II'' table, remove the row entry
for ``Sulfadimethoxine'' and two following row entries for
``Ormetoprim'', and in their place add row entries for
``Sulfadimethoxine'' and ``Ormetoprim''.
    The additions read as follows:

Sec.  558.4  Requirement of a medicated feed mill license.

* * * * *
    (d) * * *

                                                   Category II
----------------------------------------------------------------------------------------------------------------
                                                Assay limits
                    Drug                      percent \1\ Type      Type B maximum (100 x)        Assay limits
                                                     A                                          percent Type B/C
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sulfadimethoxine...........................             90-110  Poultry: 5.675 g/lb..........      80-115/75-125
                                                                Fish: 85.1 g/lb..............
Ormetoprim.................................             90-110  Poultry: 3.405 g/lb..........             80-115
                                                                Fish: 17.0 g/lb..............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
18. In Sec.  558.68, revise paragraphs (a) and (e) to read as follows:

Sec.  558.68  Avilamycin.

    (a) Each pound of Type A medicated article contains 45.4 or 90.7
grams of avilamycin.
* * * * *
    (e) Conditions of use. Administer in feed as follows:
    (1) Chickens--

----------------------------------------------------------------------------------------------------------------
                                    Combination in
      Avilamycin in grams/ton          grams/ton     Indications for use        Limitations           Sponsor
----------------------------------------------------------------------------------------------------------------
(i) 13.6 to 40.9..................  ..............  Broiler chickens: For  Feed as the sole               000986
                                                     the prevention of      ration for 21
                                                     mortality caused by    consecutive days. To
                                                     necrotic enteritis     assure responsible
                                                     associated with        antimicrobial drug
                                                     Clostridium            use in broiler
                                                     perfringens in         chickens, treatment
                                                     broiler chickens.      administration must
                                                                            begin on or before
                                                                            10 days of age.
(ii) [Reserved]...................
----------------------------------------------------------------------------------------------------------------

    (2) Swine--

----------------------------------------------------------------------------------------------------------------
                                     Combinationin
      Avilamycin in grams/ton          grams/ton     Indications for use        Limitations           Sponsor
----------------------------------------------------------------------------------------------------------------
(i) 73............................  ..............  Weaned pigs less than  Feed as the sole               000986
                                                     14 weeks of age: For   ration for 21
                                                     the reduction in       consecutive days. To
                                                     incidence and          assure responsible
                                                     overall severity of    antimicrobial drug
                                                     diarrhea in the        use in pigs, do not
                                                     presence of            administer to pigs
                                                     pathogenic             14 weeks of age or
                                                     Escherichia coli in    older.
                                                     groups of weaned
                                                     pigs.
(ii) [Reserved]...................
----------------------------------------------------------------------------------------------------------------

Sec.  558.274  [Amended]

0
19. Effective September 8, 2016, in Sec.  558.274, remove and reserve
paragraphs (c)(1)(ii) and (c)(2)(ii).

0
20. Effective September 8, 2016, in Sec.  558.355, remove and reserve
paragraph (f)(1)(xxviii) and revise paragraphs (f)(8)(i) and (ii).
    The revisions read as follows:

Sec.  558.355  Monensin.

* * * * *
    (f) * * *
    (8) * * *
    (i) Decoquinate alone and in combination as in Sec.  558.195.
    (ii) Melengestrol acetate alone and in combination as in Sec.
558.342.
* * * * *

Sec.  558.363  [Amended]

0
21. Effective September 8, 2016, in Sec.  558.363, remove and reserve
paragraph (d)(1)(vi).

Sec.  558.550  [Amended]

0
22. Effective September 8, 2016, in Sec.  558.550, remove and reserve
paragraph (d)(1)(xxii).

Sec.  558.618  [Amended]

0
23. In Sec.  558.618, in paragraphs (e)(2)(ii) and (iii):
0
a. In the ``Limitations'' column, add ``Tilmicosin as provided by Nos.
000986 or 016952; monensin as provided by No. 000986 in Sec.
510.600(c) of this chapter.'' to the end of the existing entries; and
0
b. In the ``Sponsor'' column, numerically add ``016952''.

0
24. Effective September 8, 2016, in Sec.  558.625, revise paragraphs
(b)(1), (f)(2)(i), (f)(2)(iii), and (f)(2)(vii) and remove paragraphs
(f)(2)(viii) and (ix).
    The revisions read as follows:

Sec.  558.625  Tylosin.

* * * * *
    (b) * * *
    (1) No. 000986: 40 and 100 grams per pound for use as in paragraph
(f) of this section.
* * * * *
    (f) * * *
    (2) * * *
    (i) Decoquinate alone and in combination as in Sec.  558.195.
* * * * *
    (iii) Melengestrol acetate alone and in combination as in Sec.
558.342.
* * * * *
    (vii) Zilpaterol alone and in combination as in Sec.  558.665.

0
25. Effective September 8, 2016, in Sec.  558.630, revise paragraph
(b)(1) to read as follows:

Sec.  558.630  Tylosin and sulfamethazine.

* * * * *
    (b) * * *
    (1) No. 000986: 40 and 100 grams per pound for use as in paragraph
(e) of this section.
* * * * *

    Dated: August 8, 2016.
Tracey H. Forfa,
Deputy Director, Center for Veterinary Medicine.
[FR Doc. 2016-19914 Filed 8-26-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3375-3379]
[FR Doc No: 2017-00367]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79743; File No. SR-C2-2016-021]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Order Approving a Proposed Rule Change Relating to Opening and Closing
Rotations for Series Trading on the Exchange

January 5, 2017.

I. Introduction

    On November 4, 2016, C2 Options Exchange, Incorporated
(``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend its rules relating to
the opening and closing of

series for trading on the Exchange. The Commission published the
proposed rule change for comment in the Federal Register on November
21, 2016.\3\ The Commission received no comments on the proposal. This
order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79315 (November 15,
2016), 81 FR 83313 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    C2 proposes to amend its rules relating to the opening and closing
of series for trading on the Exchange. Rule 6.11 describes the process
that the automated trading system used by the Exchange for the trading
of options contracts (the ``System'') uses to open series on the
Exchange each trading day. The Exchange may also use this process for
closing series or opening series after a trading halt. The Exchange is
proposing various changes to reorganize and simplify the rule and to
more accurately reflect current System functionality.\4\
---------------------------------------------------------------------------

    \4\ See id. at 83313.
---------------------------------------------------------------------------

    According to the Exchange, the System generally processes the
opening of each series in four stages: \5\
---------------------------------------------------------------------------

    \5\ See id.
---------------------------------------------------------------------------

    (1) Pre-Opening Period: During the pre-opening period, the System
accepts orders and quotes and disseminates messages that contain
information based on resting orders and quotes in the book, which may
include the expected opening price (``EOP''), expected opening size
(``EOS''), any reason why a series may not open, and imbalance
information, including the size and side of an imbalance (collectively,
``expected opening information'' or ``EOIs'').
    (2) Initiation of the Opening Rotation: The System then initiates
the opening rotation procedure and distributes a ``Rotation Notice'' to
market participants.
    (3) Opening Rotation Period: During the opening rotation period,
the System matches and executes orders and quotes against each other to
establish an opening Exchange best bid and offer (``BBO'') and trade
price for each series while continuing to disseminate EOIs.
    (4) Opening of Trading: The System then opens series for trading,
subject to the satisfaction of certain conditions.
    According to C2, the proposed rule change is designed to more
clearly organize Rule 6.11 in this sequential order and makes the
additional specific changes discussed in more detail below.
Pre-Opening Period
    Rule 6.11(a) currently provides that the System accepts orders and
quotes for a period of time before the opening of trading in the
underlying security or, in the case of index options, prior to 8:30
a.m.\6\ The Exchange proposes to amend Rule 6.11(a) to provide that the
pre-opening period will begin no later than 15 minutes prior to the
expected initiation of an opening rotation and no earlier than 2:00
a.m.\7\
---------------------------------------------------------------------------

    \6\ All times set forth in Rule 6.11 are central time. See id.
at 83313, n.3. In addition, since the System begins the pre-opening
period at the same time for each class within each type of option
(equity, index and exchange-traded products (``ETPs'')), the
proposed rule change deletes the provision of the current rule that
says the Exchange will determine the time on a class-by-class basis.
See id. at 83313.
    \7\ The Exchange notes that the pre-opening period currently
begins at approximately 6:30 a.m. See id. at 83313, n.4.
---------------------------------------------------------------------------

    Under the proposal, the Exchange generally will not restrict the
size or origin code of orders that may be submitted during the pre-
opening period. Therefore, the proposed rule change amends Rule
6.11(a)(1) to delete the provision that requires the Exchange to
designate on a class-by-class basis the eligible order size, eligible
order type, and eligible order origin code which the System will
accept.\8\ Additionally, the proposed rule change clarifies that the
System will accept all quotes and all order types during the pre-
opening period except for immediate-or-cancel, fill-or-kill,
intermarket sweep orders, and Market-Maker trade prevention orders.\9\
---------------------------------------------------------------------------

    \8\ See id. at 83313.
    \9\ See id. at 83313-14 for a discussion of these order types,
which are defined in Rule 6.10.
---------------------------------------------------------------------------

    The proposed rule change amends Rule 6.11(a)(2) in several ways.
First, it defines EOIs and specifies the timing of their dissemination.
EOIs contain information based on resting orders and quotes in the
Book, including the EOP, the EOS, any reason why a series may not open
pursuant to paragraph (d) of Rule 6.11,\10\ and any imbalance
information, including the size and side of the imbalance. EOIs will be
disseminated to all market participants that have elected to receive
them beginning at a time determined by the Exchange, which will be no
earlier than three hours prior to the expected initiation of an opening
rotation for a series. The System will then disseminate EOIs at regular
intervals of time, or less frequently if there are no updates since the
previously disseminated EOI.\11\
---------------------------------------------------------------------------

    \10\ Proposed paragraph (d) of Rule 6.11 sets forth certain
opening conditions, which are discussed in greater detail below.
    \11\ See Notice, supra note 3, at 83314.
---------------------------------------------------------------------------

    The proposed rule change further modifies Rule 6.11(a)(2) to
redefine the terms EOP and EOS and address when that information will
be disseminated. Currently, Rule 6.11(a)(2) states that the EOP is the
price at which the greatest number of orders and quotes in the book are
expected to trade and provides that an EOP will only be calculated if
(a) there are market orders in the book, or the book is crossed or
locked and (b) at least one quote is present. The proposed rule change
revises this language to state that the EOP is the price at which any
opening trade is expected to execute and adds that the EOS is the size
of any expected opening trade. The proposed rule change further states
the System will only disseminate EOP and EOS messages if the width
between the highest quote bid and lowest quote offer on the Exchange or
disseminated by other exchanges is no wider than the ``Opening Exchange
Prescribed Width range'' or ``OEPW range'' (as described below).\12\
---------------------------------------------------------------------------

    \12\ See id. at 83313-14, for more detailed discussion of these
changes to the pre-opening period. According to the Exchange, the
OEPW range is a price protection measure intended to prevent orders
from executing at extreme prices on the open. See id. at 83317.
---------------------------------------------------------------------------

Opening Rotation Initiation and Notice
    Rule 6.11(b) currently provides that, unless unusual circumstances
exist, at a randomly selected time within a number of seconds after the
opening trade and/or the opening quote is disseminated in the market
for the underlying security\13\ (or after 8:30 a.m. for index options),
the System initiates the opening rotation procedure and sends a notice
(``Rotation Notice'') to market participants.
---------------------------------------------------------------------------

    \13\ The ``market for the underlying security'' is currently the
primary listing market, the primary volume market (defined as the
market with the most liquidity in that underlying security for the
previous two calendar months), or the first market to open the
underlying security. Since the Exchange does not designate the
primary volume market as the market for the underlying security for
any class, the proposed rule change deletes that option. The
proposed rule change also changes the term ``market'' to
``exchange'' and clarifies that the Exchange determines on a class-
by-class basis which market is the market for the underlying
security. See id. at 83314, n.8.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 6.11(b) to provide that the
System will initiate the opening rotation procedure and send out a
Rotation Notice on a class-by-class basis as follows:
    [cir] With respect to equity and ETP options, after the opening
trade or the opening quote is disseminated in the market for the
underlying security, or at 8:30 a.m. for classes determined by the
Exchange (including over-the-counter equity classes); or
    [cir] with respect to index options, at 8:30 a.m., or at the later
of 8:30 a.m. and the time the Exchange receives a

disseminated index value for classes determined by the Exchange.\14\
---------------------------------------------------------------------------

    \14\ See id. at 83314-15 (providing detailed description of the
Exchange's changes to initiating the opening rotation).
---------------------------------------------------------------------------

Opening Rotation Period
    Rule 6.11(c) provides that after the Rotation Notice is sent, the
System enters into a rotation period, during which the opening price is
established for each series. The proposed rule change reorganizes
paragraph (c) to more clearly demarcate and further describe (1) when
the opening rotation period begins, (2) what happens during the period,
(3) the handling of EOIs during the period, and (4) when the period
ends.\15\
---------------------------------------------------------------------------

    \15\ See proposed Rule 6.11(c); see also Notice, supra note 3,
at 83315.
---------------------------------------------------------------------------

    During the opening rotation period, the System establishes the
opening trade price and the opening BBO by matching and executing
resting orders and quotes against each other. The proposed rule change
modifies the definition of the opening trade price of a series to be
the ``market-clearing'' price, which is the single price at which the
largest number of contracts in the book can execute, leaving bids and
offers that cannot trade with each other.\16\ The proposed rule change
also states that all orders (except complex orders) and quotes in a
series in the book prior to the opening rotation period participate in
the opening rotation for a series. The Exchange notes that contingency
orders that participate in the opening rotation may execute during the
opening rotation period only if their contingencies are triggered.\17\
---------------------------------------------------------------------------

    \16\ See Notice, supra note 3, at at 83315. If there are
multiple prices at which the same number of contracts would clear,
the System will use the price at or nearest to the midpoint of the
range consisting of the higher of the opening NBB and widest bid
point of the OEPW range, and the lower of the opening NBO and widest
offer point of the OEPW range. See id.
    \17\ See id. Further, the Exchange notes that the proposed rule
change moves the rule provision regarding the priority order of
orders and quotes during this matching process from current
subparagraph (g)(1) to proposed subparagraph (c)(1)(C). The System
prioritizes orders in the following order: (1) Market orders, (2)
limit orders and quotes whose prices are better than the opening
price, and (3) resting orders and quotes at the opening price. The
proposed rule change also notes that contingency orders are
prioritized as set forth in Rule 6.12(c). See id. at 83315, n.11,
and accompanying text.
---------------------------------------------------------------------------

    The proposed rule change clarifies that the System will continue to
disseminate EOIs (not just the EOP and EOS) during the opening rotation
period, which may be disseminated at more frequent intervals closer to
the opening.\18\ In addition, the proposed rule change updates the
description of the length of the opening rotation period and adds
detail to the description of how the System processes series to open
following the opening rotation period. Specifically, current
subparagraph (c)(2) states that the System will process the series of a
class in a random order and the series will begin opening after a
period following the Rotation Notice, which period may not exceed sixty
seconds and will be established on a class-by-class basis by the
Exchange.\19\ Proposed subparagraph (c)(3) retains that process, but
clarifies that C2 will determine the length and number of these
intervals for all classes.\20\
---------------------------------------------------------------------------

    \18\ See id. at 83315.
    \19\ See id. at 83315-16.
    \20\ According to the Exchange, currently, the Exchange has set
the period of time that must pass before the System begins
processing series to open at one second, and the Exchange has set
the number of intervals to one and the length of that interval to
one second. As a result, the opening rotation period currently lasts
one to two seconds. See Regulatory Circular RG11-008; see also
Notice, supra note 3, at 83316, n.12.
---------------------------------------------------------------------------

Opening Quote and Trade Price
    In its filing, the Exchange represented that, pursuant to the
Options Price Reporting Authority (``OPRA'') Plan, once a series opens,
the System disseminates all quote and trade price information to OPRA,
including opening quote and trade price information.\21\ Accordingly,
the Exchange proposes to delete text in current paragraph (d) of Rule
6.11 stating that the opening price is determined by series and that C2
disseminates opening quote and trade information through OPRA, because
the Exchange already disseminates such information pursuant to the OPRA
Plan, and therefore believes that this provision is unnecessarily
repetitive.\22\ Despite the deletion of that language from the rule
concerning reporting data through OPRA, the Exchange is not proposing a
substantive change to reporting this information through OPRA.
---------------------------------------------------------------------------

    \21\ See Notice, supra note 3, at 83316.
    \22\ See id.
---------------------------------------------------------------------------

Opening Conditions
    Current Rule 6.11(e) provides that the System will not open a
series if one of a number of specified conditions is met, including the
absence of a quote or if the opening price would not be within an
acceptable range, or if the opening trade would be at a price that is
not the national best bid or offer (``NBBO'') or would leave a market
order imbalance.\23\ Current Rule 6.11(f) describes what happens when
each of these conditions is present, including matching orders and
quotes to the extent possible or exposing marketable orders at the NBBO
under certain conditions. The proposed rule change would amend the
opening conditions as follows:
---------------------------------------------------------------------------

    \23\ See id.
---------------------------------------------------------------------------

    (1) If there are no quotes on the Exchange or disseminated from at
least one away exchange present in the series, the System will not open
the series;
    (2) if the width between the best quote bid and best quote offer,
which may consist of Market-Makers quotes or bids and offers
disseminated from an away exchange, is wider than an acceptable opening
price range (as determined by the Exchange on a class-by-class and
premium basis) (the OEPW range) \24\ and there are orders or quotes
marketable against each other or that lock or cross the OEPW range, the
System will not open the series. However, if the opening quote width is
no wider than the intraday acceptable price range for the series
(``IEPW range'') and there are no orders or quotes marketable against
each other or that lock or cross the OEPW range, the System will open
the series. If the opening quote width is wider than the IEPW range,
the System will not open the series. If the opening quote for a series
consists solely of bids and offers disseminated from an away
exchange(s), the System will open the series by matching orders and
quotes to the extent they can trade and will report the opening trade,
if any, at the opening trade price. The System will then expose any
remaining marketable buy (sell) orders at the widest offer (bid) point
of the OEPW range or NBO (NBB), whichever is lower (higher).
---------------------------------------------------------------------------

    \24\ Current OEPW settings are set forth in Regulatory Circular
RG14-020. See Notice, supra note 3, at 83316, n.14.
---------------------------------------------------------------------------

    (3) if the opening trade price would be outside the OEPW range or
the NBBO, the System will open the series by matching orders and quotes
to the extent they can trade and will report the opening trade, if any,
at an opening trade price not outside either the OEPW range or NBBO.
The System will then expose any remaining marketable buy (sell) orders
at the widest offer (bid) point of the OEPW range or NBO (NBB),
whichever is lower (higher);
    (4) if the opening trade would leave a market order imbalance, the
System will open the series by matching orders and quotes to the extent
they can trade and will report the opening trade, if any, at the
opening trade price. The System will then expose any remaining
marketable buy (sell) orders at the widest offer (bid) point of the
OEPW range or NBO (NBB), whichever is lower (higher); or
    (5) if the opening quote bid (offer) or the NBB (NBO) crosses the
opening

quote offer (bid) or the NBO (NBB) by more than an amount determined by
the Exchange on a class-by-class and premium basis, the System will not
open the series.\25\ If the opening quote bid (offer) or NBO (NBO)
crosses the opening quote offer (bid) or NBO (NBB) by no more than the
specified amount, the System will open the series by matching orders
and quotes to the extent they can trade and will report the opening
trade, if any, at the opening trade price. The System will then expose
any remaining marketable buy (sell) orders at the widest offer (bid)
point of the OEPW range or NBO (NBB), whichever is lower (higher). If
the best away market bid and offer are inverted by no more than the
specified amount, there is a marketable order on each side of the
series, and the System opens the series, the System will expose the
order on the side with the larger size and route for execution the
order on the side with the smaller size to an away exchange that is at
the NBBO.\26\
---------------------------------------------------------------------------

    \25\ Currently, this amount is $0.25 for options with prices
less than $3.00 and $0.50 for options with prices of $3.00 or more.
See Regulatory Circular RG10-005; see also Notice, supra note 3, at
83317, n.17.
    \26\ See Notice, supra note 3, at 83317.
---------------------------------------------------------------------------

    In addition, the proposed rule change moves provisions related to
the exposure of orders at the open from current subparagraph (g)(2) and
Interpretation and Policy .04 to proposed paragraph (d) to eliminate
duplicative language and to include all provisions regarding the
opening exposure process in one place.\27\ The proposed rule change
provides that the exposure of orders pursuant to proposed paragraph (d)
will be conducted via the Hybird Agency Liaison (``HAL'') pursuant to
Rule 6.18. Because the Exchange no longer uses a matching period for
HAL opening auctions and just uses an exposure period (which may not
exceed 1.5 seconds), it proposes to delete the provision regarding the
matching period, among other changes.\28\
---------------------------------------------------------------------------

    \27\ See id. at 83317.
    \28\ See id. at 83317-18.
---------------------------------------------------------------------------

    The Exchange also proposes to add to paragraph (d) that if the
System does not open a series pursuant to paragraph (d),
notwithstanding proposed paragraph (c) (which states the opening
rotation period may not last more than 60 seconds), the opening
rotation period continues (including the dissemination of EOIs) until
the condition causing the delay is satisfied or the Exchange otherwise
determines it is necessary to open a series in accordance with proposed
paragraph (e).\29\
---------------------------------------------------------------------------

    \29\ Current Rule 6.11(j) and proposed Rule 6.11(g) provide that
the opening procedures described in the rule may also be used to
conduct a closing rotation after the close of a trading session for
series that open pursuant to Rule 6.11. The proposed rule change
makes non-substantive changes to proposed paragraph (g) to more
clearly and simply state the potential applicability of the opening
procedures to a closing rotation for series that open pursuant to
Rule 6.11 and to include additional detail regarding the
notification to Participants regarding the decision to conduct a
closing rotation. See id. at 83318, n.20.
---------------------------------------------------------------------------

Exchange Determinations
    Current Rule 6.11 provides in various places, including paragraphs
(b)(2) and (h), that a senior Exchange official in the Help Desk may
determine whether to modify the opening procedures when they deem
necessary. The Exchange proposes to delete paragraph (b)(2) and
centralize references to the Help Desk in one paragraph (retitled from
(h) to (e)). The proposed rule change lists examples of actions the
Help Desk may take in the interests of commencing or maintaining a fair
and orderly market, in the event of unusual market conditions, or in
the public interest, including delaying or compelling the opening of
any series in any options class, and modifying timers or settings
described in Rule 6.11. The proposed rule change adds that the Exchange
will make and maintain records to document all determinations to
deviate from the standard manner of the opening procedure, and
periodically review these determinations.\30\
---------------------------------------------------------------------------

    \30\ See id. at 83318.
---------------------------------------------------------------------------

    The Exchange also proposes to amend Interpretation and Policy .02,
which states all pronouncements regarding determinations by the
Exchange pursuant to Rule 6.11 and the Interpretations and Policies
thereunder will be announced via Regulatory Circular with appropriate
advanced notice to ensure participants are aware of these
determinations and have sufficient time to make any necessary changes
in response to the determinations. The proposed rule change adds that
notice of determinations with respect to the opening process may be
made ``as otherwise provided,'' which recognizes that some parts of
Rule 6.11 provide that certain notifications will be made in a
different manner (for example, via electronic message rather than via
Regulatory Circular).\31\
---------------------------------------------------------------------------

    \31\ See id.
---------------------------------------------------------------------------

Non-Substantive Changes
    The proposed rule change also amends current Rule 6.11(i) and
proposed Rule 6.11(f) to indicate that the procedure described in Rule
6.11 may be used to reopen a series, in addition to a class, after a
trading halt to address a potential situation in which only certain
series are subjected to halt. The proposed rule change also adds detail
regarding notice of use of this opening procedure following a trading
halt and clarifies that the procedure would be the same, though
depending on facts and circumstances, there may be no pre-opening
period or a shorter pre-opening period. Proposed paragraph (f) further
states the Exchange will announce the reopening of a class or series
after a trading halt as soon as practicable via electronic message to
Participants that request to receive such messages.\32\
---------------------------------------------------------------------------

    \32\ See id. C2 also notes that the Exchange may reopen a class
after a trading halt as otherwise set forth in the Rules, including
Rule 6.32. See id. at n.21.
---------------------------------------------------------------------------

    The Exchange proposes to amend Interpretation and Policy .01, which
states the Exchange may determine on a class-by-class basis which
electronic algorithm from Rule 6.12 applies to the class during
rotations. The proposed rule change makes the electronic algorithm that
applies to a class intraday the default algorithm during rotations, but
continues to leave the Exchange flexibility to apply a different
algorithm to a class during rotations if it deems such action to be
necessary or appropriate.\33\
---------------------------------------------------------------------------

    \33\ See id. at 83318.
---------------------------------------------------------------------------

    Finally, the proposed rule change makes numerous non-substantive
and clerical changes throughout Rule 6.11 (and its Interpretations and
Policies), including adding or amending headings and defined terms,
updating cross-references, adding introductory and clarifying language,
using consistent language and punctuation, and replacing terms such as
``option series'' with series in recognition of the fact that C2 only
trades options.\34\
---------------------------------------------------------------------------

    \34\ See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act,\35\
and the rules and regulations thereunder applicable to a national
securities exchange.\36\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\37\
which requires, among other things, that a

national securities exchange have rules 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.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78f.
    \36\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \37\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed rule change reorganizes and attempts to
clarify the description of the opening (and sometimes closing)
procedures, deletes text that the Exchange believes is either obsolete
or unnecessary, removes certain discretion for the Exchange to make
determinations under the rule on a class-by-class basis where C2 no
longer needs that discretion, and is intended to promote greater
consistency across Rule 6.11. The Commission notes that these changes
may offer market participants a better understanding of how the
Exchange's opening (and sometimes closing) procedures operate. To the
extent the changes achieve that goal, they may promote transparency,
reduce the potential for investor confusion, and assist market
participants in deciding whether to participate in C2's trading
rotations and, if they do participate, have confidence and certainty as
to how their orders will be processed by the C2 System.
    The Commission believes that the proposed rule change is designed
to promote just and equitable principles of trade by seeking to ensure
that series open in a fair and orderly manner with sufficient liquidity
and opportunities for execution at prices that are determined by market
forces. In particular, the Exchange notes that the proposed rule change
is designed to ensure that market participants are aware of the
circumstances under which the System may not open a series.\38\ The
proposed rule change also sets out the circumstances when the Exchange
may exercise discretion under the rule and strives to narrow that
discretion within certain established parameters.\39\ The proposed rule
change further requires the Exchange to document and periodically
review Exchange decisions made under the rule to deviate from the
standard opening procedures, and stipulates that the Help Desk can so
deviate in response to unusual market conditions with specific regard
to the public interest.\40\ In this manner, such Exchange
determinations made by high-level senior Exchange personnel under the
rule should be limited, transparent, and made with due regard to the
Exchange's obligations under the Act.
---------------------------------------------------------------------------

    \38\ See Notice, supra note 3, at 83319.
    \39\ Exchange determinations, including the establishment of
parameters governing the opening process, will be set forth in
Regulatory Circulars (or as otherwise specified by the Exchange
under the proposed rule). On account of the critical importance of
this information to investors' understanding of how the Exchange's
System operates, C2 should ensure that such information is
prominently displayed, readily searchable and retrievable, up-to-
date, and comprehensive.
    \40\ See proposed Rule 6.11(e); see also Notice, supra note 3,
at 83318.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act and the rules
and regulations thereunder applicable to a national securities
exchange.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\41\ that the proposed rule change (SR-C2-2016-021) be, and hereby
is, approved.
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
---------------------------------------------------------------------------

    \42\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00367 Filed 1-10-17; 8:45 am]
 BILLING CODE 8011-01-P