[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37367-37373]
[FR Doc No: 2021-15039]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92374; File No. SR-NYSE-2020-89]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Amendment No. 2 and Order Granting Accelerated
Approval to a Proposed Rule Change, as Modified by Amendment No. 2, To
Amend NYSE Rule 7.35C

July 9, 2021.

I. Introduction

    On October 23, 2020, New York Stock Exchange LLC (``Exchange'')
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
(1) provide the Exchange authority to facilitate a Trading Halt Auction
if a security has not reopened by 3:30 p.m. following a market-wide
circuit-breaker halt (``MWCB Halt''); (2) widen the Auction Collar for
an Exchange-facilitated Trading Halt Auction following an MWCB Halt;
(3) provide that certain DMM (designated market maker) Interest will
not be canceled following an Exchange-facilitated Auction; and (4)
change the Auction Reference Price for Exchange-facilitated Core Open
Auctions.\3\ The proposed rule change was published for

comment in the Federal Register on November 12, 2020.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ By amendment of the proposed rule change, the Exchange has
removed several of these proposed changes from the original
proposal. See infra notes 7 and 10.
    \4\ See Securities Exchange Act Release No. 90363 (Nov. 5,
2020), 85 FR 71964 (Nov. 12, 2020).
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    On December 18, 2020, pursuant to Section 19(b)(2) of the Act,\5\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change, extending the date for Commission action to February 10,
2020.\6\ On February 5, 2021, the Exchange filed Amendment No. 1 to the
proposed rule change, which replaced and superseded the proposed rule
change in its entirety.\7\ On February 10, 2021, the Commission
published notice of Amendment No. 1 and instituted proceedings pursuant
to Section 19(b)(2)(B) of the Act \8\ to determine whether to approve
or disapprove the proposed rule change, as modified by Amendment No.
1.\9\ On March 17, 2021, the Exchange filed Amendment No. 2 to the
proposed rule change, which replaced and superseded the proposed rule
change, as modified by Amendment No. 1, in its entirety.\10\ The
Commission has received no comment letters on the proposal.
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    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 90726 (Dec. 20,
2020), 85 FR 84431 (Dec. 28, 2020).
    \7\ In Amendment No. 1, the Exchange removed one of the proposed
changes from the original proposal. Specifically, the Exchange
removed the proposed change to adopt a new definition of Auction
Reference Price for exchange-facilitated Core Open Auctions and to
amend the temporary rule related to such auctions set forth in
Commentary .04 to Rule 7.35C. This aspect of the original proposal
is now the subject of a separate proposed rule change filed by the
Exchange on February 8, 2021 (SR-NYSE-2021-13).
    \8\ 15 U.S.C. 78s(b)(2)(B).
    \9\ See Securities Exchange Act Release No. 91095 (Feb. 10,
2021), 86 FR 9978 (Feb. 17, 2020).
    \10\ In Amendment No. 2, the Exchange removed several more
proposed changes from the original proposal, as modified by
Amendment No. 1. Specifically, the Exchange removed the proposed
changes to make permanent the temporary rules pertaining to: (i)
Permitting the CEO to determine that the Exchange will facilitate a
Trading Halt Auction in one or more securities following a MWCB Halt
if the security has not reopened by 3:30 p.m. Eastern Time, and (ii)
establishing wider Auction Collars for Trading Halt Auctions
following a MWCB Halt.
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    The Commission is publishing this notice to solicit comments on
Amendment No. 2 to the proposed rule change from interested persons,
and is approving the proposed rule change, as modified by Amendment No.
2, on an accelerated basis.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change, as Modified by Amendment
No. 2

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 7.35C (Exchange-Facilitated
Auctions) to provide that certain DMM Interest \11\ would not be
cancelled following an Exchange-facilitated Auction.\12\
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    \11\ For purposes of Auctions, the term ``DMM Interest'' is
defined in Rule 7.35(a)(8) to mean all buy and sell interest entered
by a DMM unit in its assigned securities and includes: ``DMM Auction
Liquidity,'' which is non-displayed buy and sell interest that is
designated for an Auction only (see Rule 7.35(a)(8)(A)); ``DMM
Orders'' which are orders, as defined under Rule 7.31, entered by a
DMM unit (see Rule 7.35(a)(8)(B)); and ``DMM After-Auction Orders,''
which are orders entered by a DMM unit before either the Core Open
Auction or Trading Halt Auction that do not participate in an
Auction and are intended instead to maintain price continuity with
reasonable depth following an Auction (see Rule 7.35(a)(8)(C)).
    \12\ In this Amendment No. 2, the Exchange is removing its
proposed changes to (1) the Exchange authority to facilitate a
Trading Halt Auction if a security has not reopened following a
Level 1 or Level 2 trading halt due to extraordinary market
volatility under Rule 7.12 (``MWCB Halt'') by 3:30 p.m.; and (2)
widen the Auction Collar for an Exchange-facilitated Trading Halt
Auction following a MWCB Halt, which are currently temporary rules
set forth in Commentaries .01 and .02 to Rule 7.35C.
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    These proposed changes are currently in place on a temporary basis,
as described in Commentary .03 to Rule 7.35C.
Background
    To slow the spread of COVID-19 through social-distancing measures,
on March 18, 2020, the CEO of the Exchange made a determination under
Rule 7.1(c)(3) that, beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.\13\ On May 14, 2020, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) to reopen the Trading Floor on a
limited basis on May 26, 2020 to a subset of Floor brokers, subject to
safety measures designed to prevent the spread of COVID-19.\14\ On June
15, 2020, the CEO of the Exchange made a determination under Rule
7.1(c)(3) to begin the second phase of the Trading Floor reopening by
allowing DMMs to return on June 17, 2020, subject to safety measures
designed to prevent the spread of COVID-19.\15\
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    \13\ Pursuant to Rule 7.1(e), the CEO notified the Board of
Directors of the Exchange of this determination. The Exchange's
current rules establish how the Exchange will function fully-
electronically. The CEO also closed the NYSE American Options
Trading Floor, which is located at the same 11 Wall Street
facilities, and the NYSE Arca Options Trading Floor, which is
located in San Francisco, CA. See Press Release, dated March 18,
2020, available here: https://ir.theice.com/press/press-releases/all-categories/2020/03-18-2020-204202110.
    \14\ See Securities Exchange Act Release No. 88933 (May 22,
2020), 85 FR 32059 (May 28, 2020) (SR-NYSE-2020-47) (Notice of
filing and immediate effectiveness of proposed rule change).
    \15\ See Securities Exchange Act Release No. 89086 (June 17,
2020) (SR-NYSE-2020-52) (Notice of filing and immediate
effectiveness of proposed rule change).
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    Rule 7.35C sets forth the procedures for Exchange-facilitated
Auctions. The first time the Exchange facilitated any Auctions pursuant
to Rule 7.35C was on March 19, 2020, when two DMM firms temporarily
left the Trading Floor in connection with implementing their business
continuity plans related to the COVID-19 pandemic. Beginning on March
23, 2020, when the Exchange temporarily closed the Trading Floor, the
Exchange began facilitating Auctions on behalf of all DMM firms. During
the period of March 23, 2020 through June 16, 2020, among the DMM
firms, the percentage of Auctions that were facilitated by the Exchange
ranged from 1% to 3.2% of the securities assigned to each DMM. During
this period, the vast majority of Auctions were facilitated
electronically by DMMs pursuant to Rules 7.35A and 7.35B.
    In connection with both the market-wide volatility associated with
the COVID-19 pandemic in March 2020 and the full and partial closing of
the Trading Floor facilities, the Exchange added Commentary .03 to Rule
7.35C,\16\ which is in effect until the earlier of a full reopening of
the Trading Floor facilities to DMMs or after the Exchange closes on
April 30, 2021.\17\
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    \16\ See Securities Exchange Act Release No. 88413 88562 (April
3, 2020), 85 FR 20002 (April 9, 2020) (SR-NYSE-2020-29) (amending
Rule 7.35C to add Commentary .03) (``DMM Interest Filing'').
    \17\ See Securities Exchange Act Release No. 90795 (December 23,
2020), 85 FR 86608 (December 30, 2020) (SR-NYSE-2020-106) (Notice of
filing and immediate effectiveness of proposed rule change to extend
the temporary period for Commentaries to Rules 7.35, 7.35A, 7.35B,
and 7.35C; and temporary rule relief in Rule 36.30 to end on the
earlier of a full reopening of the Trading Floor facilities to DMMs
or after the Exchange closes on April 30, 2020). [The Commission
notes that, after submitting Amendment No. 2, the Exchange extended
the outside date for effectiveness of the temporary relief from
April 30, 2021 to August 31, 2021. See Securities Exchange Act
Release No. 91778 (May 5, 2021), 86 FR 25902 (May 11, 2021)].

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    The Exchange believes that Commentary .03 to Rule 7.35C, which is
in effect on a temporary basis, has supported the fair and orderly
operation of the Exchange during both the market volatility associated
with COVID-19 and the temporary period that the Trading Floor
facilities have been closed either in full or in part due to COVID-19.
The Exchange further believes the functionality that has been operating
on a temporary basis would continue to support the fair and orderly
operation of the Exchange under any circumstances where there may be
either market-wide volatility or the need for the Exchange to
facilitate one or more Auctions. Accordingly, the Exchange proposes
that the changes to how DMM Interest may participate in an Exchange-
facilitated Auction be made permanent.
Proposed Rule Changes
    As set forth in Rule 7.35C(a)(1), if the Exchange facilitates an
Auction, DMM Interest would not be eligible to participate in such
Auction and previously-entered DMM Interest would be cancelled. When a
DMM cannot facilitate an Auction because the DMM unit is experiencing a
system issue that prevents it from communicating with Exchange systems,
cancelling DMM Interest following an Exchange-facilitated Auction would
help ensure that DMM Interest that may be at stale prices does not
participate in trading on the Exchange. On the other hand, by
cancelling DMM Interest when the DMM units' systems are operating
normally, DMMs may be limited in their ability to maintain price
continuity with reasonable depth, i.e., provide passive liquidity at
the Exchange best bid and offer and at depth, immediately following an
Exchange-facilitated Auction.
    After a period of operating Exchange-facilitated Auctions, the
Exchange identified a way to provide DMMs with a greater opportunity to
provide passive liquidity immediately following an Auction, thereby
dampening volatility, while still limiting DMM risk. To effect this
change, the Exchange added Commentary .03 to Rule 7.35C, which provides
that for the temporary period that begins on April 6, 2020 and ends on
the earlier of a full reopening of the Trading Floor facilities to DMMs
or after the Exchange closes on December 31, 2020, if the Exchange
facilitates an Auction, DMM Interest (i) will not be eligible to
participate if such Auction results in a trade, and will be eligible to
participate if such Auction results in a quote, and (ii) will not be
cancelled unless the limit price of such DMM Interest would be priced
through the Auction Price or Auction Collars, as applicable, or such
DMM Interest would be marketable against other unexecuted orders.\18\
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    \18\ See DMM Interest Filing, supra note 10.
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    The Exchange proposes to make permanent the changes to how
Exchange-facilitated Auctions function, as described in Commentary .03
to Rule 7.35C. By making this functionality permanent, such rules would
continue to apply both during the continuation of the current Trading
Floor closure and if the Exchange were to facilitate Auctions any time
after the Trading Floor fully reopens.
    To effect this change, the Exchange proposes to amend 7.35C(a)(1)
as follows (new text underlined, deleted text bracketed):
[GRAPHIC] [TIFF OMITTED] TN15JY21.105

    This proposed rule change would make permanent the temporary
functionality set forth in paragraph (a)(1) to Commentary .03.
    With this change, DMM Interest would not participate in any
Exchange-facilitated Auctions that would result in a trade. This is how
DMM Interest currently functions when the Exchange facilitates an
Auction pursuant to either Rule 7.35C(a)(1) or Commentary .03 to Rule
7.35C. Based on experience operating pursuant to Commentary .03 to Rule
7.35C, the Exchange believes that this functionality should continue
permanently when the Exchange facilitates an Auction, including, for
example, when the Trading Floor is open but the DMM is unable to
facilitate an Auction because of a systems or technical issue.
    More specifically, when a DMM facilitates an Auction that results
in a trade, the DMM determines whether to participate on the buy or
sell side and, based on that direction from the DMM, DMM Orders that do
not participate in the Auction and that would lock or cross other
orders, which would include other DMM Orders, will be cancelled.\19\ If
the DMM has entered both buy and sell interest in advance of the
Auction and the Exchange facilitates the Auction, the DMM would not be
able to control whether the DMM's buy or sell interest would
participate in a trade and the Exchange would not have that instruction
from the DMM of which side of the market that the DMM would
participate. As a result, there may be crossing DMM Interest that could
result in a wash-sale trade that would not have occurred if the DMM had
facilitated the Auction. Excluding DMM Interest from participating in
an Exchange-facilitated Auction that results in a trade eliminates the
potential for a wash-sale trade. In addition, the Exchange believes it
promotes fair and orderly Exchange-facilitated Auctions that result in
a trade to exclude DMM Interest from participating in such Auctions,
because if a DMM's buy or sell interest does not reflect up-to-date
prices, it could impact pricing of the Auction.
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    \19\ See Rule 7.35A(h)(3)(C) (providing that after a Core Open
or Trading Halt Auction, better at-priced DMM Orders that do not
receive an allocation and that lock or cross other unexecuted orders
and buy and sell better-priced DMM Orders will be cancelled after
the Auction Processing Period concludes).
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    By contrast, the Exchange believes that the proposed change for DMM

Interest to participate in an Exchange-facilitated Auction that results
in a quote would promote fair and orderly markets. This proposed change
is consistent with Commentary .03(a)(1) to Rule 7.35C, but differs from
current Rule 7.35C(a)(1). A security opens on a quote if there is no
buy interest willing to trade with sell interest at the same price. The
Exchange believes that under such circumstances, including DMM Interest
in the Exchange's quote would assist the DMMs in meeting their
obligation to maintain a two-sided quote as well as to maintain
continuity and depth in their assigned securities.\20\ Accordingly, the
Exchange believes that making this change permanent would promote fair
and orderly markets in connection with Exchange-facilitated Auctions
that result in a quote.
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    \20\ See Rule 104(f)(2).
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    The final element of the proposed change to Rule 7.35C(a)(1) is
that DMM Interest would no longer be automatically cancelled after an
Exchange-facilitated Auction. The Exchange believes that this proposed
change would assist DMMs in meeting their obligation, as required by
Rule 104(f)(2), to provide passive liquidity in order to maintain
continuity with reasonable depth in their assigned securities
immediately following a Core Open Auction or Trading Halt Auction that
was facilitated by the Exchange. In advance of an Auction, DMMs can
enter DMM Orders, which if not traded in an Auction, would be part of
the DMM Interest on the Exchange Book after the Auction. In addition,
DMMs can enter DMM After-Auction Orders, which do not participate in
Auctions and are specifically designed to assist the DMMs to maintain
passive liquidity on the Exchange immediately following an Auction,
which supports their ability to maintain continuity with reasonable
depth immediately following an Auction. If DMM Interest is not
automatically cancelled following an Exchange-facilitated Auction, the
DMM would be better able to timely meet these obligations by ensuring
that passive liquidity remains on the Exchange Book immediately
following an Auction.
    The Exchange believes that there remain circumstances when DMM
Interest should be cancelled following an Exchange-facilitated Auction.
As proposed, the Exchange would cancel unexecuted DMM Interest under
the same circumstances that unexecuted orders of other member
organizations would be cancelled following such Auctions.
    To effect this change, the Exchange proposes to amend Rule
7.35C(g)(1), which currently describes which unexecuted orders would be
cancelled if a security opens or reopens on a trade via an Exchange-
facilitated Auction, and Rule 7.35C(g)(2), which currently describes
which unexecuted orders would be cancelled if a security opens or
reopens on a quote that is above (below) the upper (lower) Auction
Collar via an Exchange-facilitated Auction. The Exchange proposes that
these two subparagraphs would be replaced with the following text to
incorporate that under the same circumstances, DMM Interest would
similarly be cancelled (proposed new text underlined):
[GRAPHIC] [TIFF OMITTED] TN15JY21.106

    These proposed rule changes would make permanent the temporary
functionality set forth in paragraphs (b)(1) and (2) to Commentary .03.
    The Exchange further believes that if previously-entered DMM
Interest would be marketable against either other DMM Interest or
contra-side unexecuted orders, such DMM Interest should be cancelled.
For example, if for a security, the Auction Reference Price is $10.00,
the lower Auction Collar is $9.00 and the upper Auction Collar is
$11.00, and the orders on the Exchange Book in advance of the Auction
are as follows:
     Order 1--Buy DMM Order 1000 shares at $10.05
     Order 2--Sell DMM Order 1000 shares at $10.00
     Order 3--Buy DMM Order 1000 shares at $10.02
     Order 4--Sell Limit Order at $10.03,

the orders in this example would be processed as follows in an
Exchange-facilitated Auction:
     Order 1 would be cancelled (because DMM Interest would not
be eligible to participate in an Auction trade, and here, Order 1 is
marketable with Orders 2 and 4)

     Order 2 would be cancelled (because DMM Interest would not
be eligible to participate in an Auction trade, and here Order 2 is
marketable with Order 3), and
     Order 3 would not be cancelled because it is no longer
marketable with any other interest, i.e., it no longer locks or crosses
the price of any other contra-side interest in the Exchange Book. Order
3 would therefore be included in the opening quote.
    This Exchange-facilitated Auction would result in the following
quote: $10.02 (Order 3-DMM Order) x $10.03 (Order 4-Limit Order).
    To effect this change, the Exchange proposes new subparagraph
(g)(3) to Rule 7.35C to specify the additional circumstances when DMM
Interest would be cancelled, as follows:

    The Exchange will cancel DMM Interest that is marketable against
contra-side unexecuted orders. If the contra-side unexecuted order
against which such DMM Interest is marketable is DMM Interest, the
DMM Interest with the earlier working time will be canceled.

    This proposed rule change would make permanent the temporary
functionality set forth in paragraph (b)(3) to Commentary .03.
    The Exchange believes that these proposed rule changes would
promote fair and orderly markets whenever the Exchange facilitates an
Auction under Rule 7.35C--under any circumstance--by supporting DMMs in
maintaining continuity with reasonable depth in their assigned
securities immediately following an Exchange-facilitated Core Open
Auction or Trading Halt Auction that was facilitated by the Exchange.
    The Exchange proposes that, with these proposed changes to Rules
7.35C(a)(1) and (g), Commentary .03 to Rule 7.35C would be deleted in
its entirety.
    In further support of making the functionality set forth in
Commentary .03 to Rule 7.35C permanent, the Exchange notes that after
the Exchange implemented that Commentary, the Exchange observed
improved performance relating to Exchange-facilitated Auctions.
     For the period March 23, 2020 to April 3, 2020, 4.9% of
all Core Open Auctions were facilitated by the Exchange. For the period
April 6, 2020 through June 16, 2020, the Exchange facilitated only 2%
of all Core Open Auctions. In addition, the percentage of Exchange-
facilitated Core Open Auctions that were bound by an Auction Collar
decreased from 1.3% from the pre-April 6, 2020 period, to 0.58% in the
April 6, 2020-June 16, 2020 period.
     In addition, the Exchange observed that after April 6,
2020, Exchange-listed securities experienced reduced volatility in the
first half hour of trading. The Exchange uses a quote-based metric to
measure volatility in securities,\21\ and based on that metric,
volatility in Exchange-listed securities between the period of April 6,
2020 and June 16, 2020 was 28.4% lower than the same measure between
March 23, 2020 and April 3, 2020. In addition, the Exchange further
observed that between these two periods, the difference between the
Core Open Auction Price and the subsequent five-minute VWAP dropped by
31.3%.
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    \21\ As described in an Exchange blog post, this metric is
calculated using second-to-second ``quote returns,'' which is
calculated by averaging the midpoints of all NBBO updates for a
security within each second of the day from 9:35 a.m. to 4:00 p.m.,
and then calculating the percentage rate of return of these average
quote midpoints from one second to the next. The variance of returns
are then calculated in aggregated time periods (e.g., 5-minute
buckets) and annualized from seconds to 6.5 hour trading days to 252
trading days in the years. Finally, the Exchange takes the square
root of the annualized variance in the aggregated periods, which
creates the Exchange's quote volatility metric. See NYSE Data
Insights, Introducing Quote Volatility (QV)--a new metric to measure
price volatility, available here: https://www.nyse.com/data-insights/introducing-quote-volatility-qv-a-new-metric-to-measure-price-volatility.
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    For DMM firms that have already returned staff to the Trading
Floor, this proposed change has limited application because the
Exchange has not facilitated any Auctions on behalf of those firms
since June 16, 2020. In addition, the Exchange anticipates that once
the Trading Floor facilities open in full to DMMs, and all DMM firms
have staffing on the Trading Floor, the need for Exchange-facilitated
Auctions would be obviated, and the Exchange will revert to pre-
pandemic rates of Exchange-facilitated Auctions, which were none.
Accordingly, the proposed changes to Rule 7.35C will likely have
limited application and would be available as a business continuity
functionality should DMMs be unable to facilitate an Auction in one or
more securities, for any reason.
    There are no technology changes associated with this proposed rule
change and the Exchange would be able to implement it immediately upon
approval of this proposed rule change.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\22\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\23\ 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, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that Commentary .03 to Rule 7.35C, which is
currently in effect on a temporary basis, has supported the fair and
orderly operation of the Exchange during both the market volatility
associated with COVID-19 and the temporary period that the Trading
Floor facilities have been closed either in full or in part due to
COVID-19. The Exchange further believes the functionality that has been
operating on a temporary basis would continue to support the fair and
orderly operation of the Exchange under any circumstances where there
may be either market-wide volatility or the need for the Exchange to
facilitate one or more Auctions.
    As noted above, beginning March 19, 2020, the Exchange began
facilitating auctions as provided for under Rule 7.35C for the first
time, and then, beginning March 23, 2020, when the Trading Floor was
temporarily closed to reduce the spread of COVID-19, began facilitating
Auctions on behalf of all DMM firms. Based on that experience, the
Exchange added Commentary .03 to Rule 7.35C, which is in effect only
for a temporary period while the Trading Floor is closed. The Exchange
believes that it would remove impediments to and perfect the mechanism
of a free and open market and a national market system to make the
changes described in Commentary .03 to Rule 7.35C permanent because it
would allow DMMs to maintain continuity with reasonable depth in their
assigned securities immediately following an Exchange-facilitated
Auction.
    As described above, the Exchange is proposing that DMM Interest
would continue not to participate in an Exchange-facilitated Auction
that results in a trade. As noted above, under both the current Rule
and temporary Commentary .03, DMM Interest does not participate in an
Exchange-facilitated Auction that results in a trade in part to prevent
wash-trade sales of previously-entered DMM buy and sell interest and
therefore reduces DMM units' risk. It also protects the fair and
orderly operation of such Auctions because such DMM Interest may be at
stale prices, and therefore could impact pricing of the Auction in a
manner that does not reflect up-to-date trading interest. For this
reason, the Exchange believes it would continue to promote

fair and orderly Auctions for DMM Interest not to participate in an
Exchange-facilitated Auction that results in a trade.
    By contrast, the Exchange believes that the proposed change that
DMM Interest would be included in an Exchange-facilitated Auction that
results in a quote would remove impediments to and perfect the
mechanism of a free and open market and a national market system
because it would promote fair and orderly resumption of trading by
allowing DMM Interest to be considered as part of the opening quote. A
security only opens on a quote when there are no buy and sell orders
that can be crossed at a single price. Accordingly, when a security
opens on a quote, the DMM has an immediate obligation to maintain a
two-sided quote and to provide continuity and depth. Including DMM
interest in an Exchange-facilitated Auction that results in a quote
would assist DMMs in meeting those obligations.
    The Exchange believes it would remove impediments to and perfect
the mechanism of a free and open market and a national market system
not to automatically cancel DMM Interest following an Exchange-
facilitated Auction because it would provide DMMs with the opportunity
to provide passive liquidity immediately following an Exchange-
facilitated Auction, thereby reducing volatility while still limiting
DMM risk. Similarly, the Exchange believes that because DMM Interest
would not be participating in an Exchange-facilitated Auction that
results in a trade, it would remove impediments to and perfect the
mechanism of a free and open market and a national market system to
cancel DMM Interest that would be marketable against unexecuted orders
because, if not cancelled, such interest could trade at a price that
would not be consistent with the Auction Price or opening or reopening
quote determined in the Exchange-facilitated Auction. The proposed
changes would also remove impediments to and perfect the mechanism of a
free and open market because DMM Interest that, following an Exchange-
facilitated Auction, would be priced through the Auction Price or
Auction Collars, as applicable, would be cancelled in the same manner
that other unexecuted orders would be cancelled.
    The Exchange further believes that the proposed changes to Rules
7.35C(a) and (g) would remove impediments to and perfect the mechanism
of a free and open market and a national market system because the
Exchange observed improved performance following Exchange-facilitated
Auctions after the Exchange implemented Commentary .03 to Rule 7.35C.
Accordingly, should circumstances ever arise again that would require
the Exchange to facilitate any Auctions, which, based on pre-pandemic
experience, would likely be rare, the Exchange believes that these
proposed changes would improve the performance of Exchange-facilitated
Auctions by enabling better engagement by the DMMs in both the Auction
and the immediate after-market while still limiting DMM risk.

III. Discussion and Commission Findings

    After careful review, the Commission is approving the proposed rule
change, as modified by Amendment No. 2, for the reasons discussed
below.\24\ The Commission finds that the proposed rule change, as
modified, is consistent with the requirements of the Act and the rules
and regulations thereunder applicable to a national securities
exchange, including Section 6(b)(5) of the Act, which requires that the
rules of an exchange be designed, among other things, 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, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.\25\
---------------------------------------------------------------------------

    \24\ 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).
    \25\ 17 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange proposes to make permanent certain provisions of its
rules that have been temporarily in effect during the course of the
COVID-19 pandemic, as the Exchange has operated with fully and
partially closed floor trading facilities. The Exchange proposes that,
when it facilitates an auction because a DMM is unable to connect to
Exchange systems, DMM Interest will not be able to participate in the
auction if that auction results in a trade, but will be able to
participate if the auction results in a quote (i.e., if no buy interest
in the auction is willing to trade with sell interest at the same
price). This aspect of the proposal is consistent with Section 6(b)(5)
of the Act because (1) in the case of an Exchange-facilitated auction
that results in a trade, the rule is reasonably designed to prevent
wash-sale trades between DMM Interest on opposite sides of the market
and to prevent DMM Interest that does not reflect up-to-date prices
from affecting the price of the auction; and (2) in the case of an
Exchange-facilitated auction that results in a quote, to allow DMM
Interest to populate the Exchange's order book after the auction,
assisting DMMs in meeting their obligations to maintain a two-sided
quote and continuity and depth in their assigned securities.
    The Exchange also proposes that DMM Interest would no longer be
automatically canceled after an Exchange-facilitated opening or
reopening auction. Under the proposal, the Exchange would cancel DMM
Interest after an auction under the same circumstances in which it
cancels unexecuted limit orders of other member organizations, namely
(1) in the case of an Exchange-facilitated auction that opens or
reopens on a trade, when the interest is better-priced than the auction
price, and (2) in the case of an Exchange-facilitated auction that
opens or reopens on a quote, when the interest is priced better than
the Auction Collar under the Exchange's rules. Other DMM Interest,
however, including DMM After-Auction Orders, would not be canceled and
would be incorporated into the Exchange's order book immediately upon
the commencement of continuous trading following the auction. This
aspect of the proposal is consistent with Section 6(b)(5) of the Act
because the proposed rule is reasonably designed to permit DMMs to
provide passive liquidity in continuous trading immediately following
an auction and thereby meet their obligations to maintain price
continuity with reasonable depth.
    For these reasons, the Commission finds that this proposed rule
change is consistent with the requirements of the Act and in particular
Section 6(b)(5) because it is reasonably 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, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.

IV. Solicitation of Comments on Amendment No. 2

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 2 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-NYSE-2020-89 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-NYSE-2020-89. 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 this filing will also 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-NYSE-2020-89
and should be submitted on or before August 5, 2021.

V. Accelerated Approval of the Proposed Rule Change, as Modified by
Amendment No. 2

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 2, prior to the thirtieth day
after the date of publication of Amendment No. 2 in the Federal
Register. In Amendment No. 2, the Exchange removed from the original
proposal the proposed changes to its permanent rules to: (i) Permit the
CEO to determine that the Exchange will facilitate a Trading Halt
Auction in one or more securities following a MWCB Halt if the security
has not reopened by 3:30 p.m. Eastern Time, and (ii) establish wider
Auction Collars for Trading Halt Auctions following a MWCB Halt.\26\
---------------------------------------------------------------------------

    \26\ See supra note 10.
---------------------------------------------------------------------------

    The Commission finds that Amendment No. 2 is consistent with the
Act in that is designed, among other things, to prevent fraudulent and
manipulative acts and practices and to promote just and equitable
principles of trade. Accordingly, the Commission finds good cause,
pursuant to Section 19(b)(2) of the Act,\27\ to approve the proposed
rule change, as modified by Amendment No. 2, on an accelerated basis.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\28\ that the proposed rule change SR-NYSE-2020-89, as modified by
Amendment No. 2, be, and hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15039 Filed 7-14-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7788]
[DOCID:fr11fe08-111]

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

Federal Railroad Administration

Notification of Petition for Approval; Railroad Safety Program
Plan

    Although not required, the Federal Railroad Administration (FRA) is
providing notice that it has received a petition for approval of a
Railroad Safety Program Plan (RSPP) submitted pursuant to Title 49 Code
of Federal Regulations (CFR) part 236, subpart H. The petition is
listed below, including the party seeking approval, and the requisite
docket number. FRA is not accepting comments on this RSPP.

Ohio Central Railroad System

[Docket Number FRA-2008-0003]

    The Ohio Central Railroad System (OCRS) submitted a petition for
approval of an RSPP. The petition, the RSPP, and any related documents
have been placed in the requisite docket (FRA-2008-0003) and are
available for public inspection.
    Interested parties are invited to review the RSPP and associated
documents at the DOT Docket Management Facility during regular business
hours (9 a.m.-5 p.m.) at 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590. All documents in the public docket are also
available for inspection and copying on the internet at http://www.regulations.gov
.

    Anyone is able to search the electronic form of any written
communications received into any of our dockets by name of the
individual submitting the document (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on February 4, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
 [FR Doc. E8-2394 Filed 2-8-08; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Proposed Rules]
[Pages 5728-5730]
[FR Doc No: 2012-2625]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012 0040; Directorate Identifier 2011-NM-121-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A300 series airplanes; all Model A300 B4-600, B4-600R, and
F4-600R series airplanes, and Model C4-605R Variant F airplanes
(collectively called A300-600 series airplanes). This proposed AD was
prompted by reports of an inoperative fire shut-off valve (FSOV) as a
result of damage due to over-length of the bonding lead. This proposed
AD would require a one-time detailed inspection for length of the FSOV
bonding leads and for contact or chafing of the wires, and corrective
actions, if necessary. We are proposing this AD to detect and correct
contact or chafing of wires and bonding leads which, if not detected
could be a source of sparks in the wing trailing edge, and could lead
to an uncontrolled engine fire.

DATES: We must receive comments on this proposed AD by March 22, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS-EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0040;
Directorate Identifier 2011-NM-121-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,

economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2011-0084, dated May 24, 2011 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    During a scheduled maintenance check, one operator reported
inoperative FSOV [fire shut-off valve]. Investigations showed damage
at wire located between engine 2 Hydraulic FSOV and wing rear spar,
in the zones 575/675, and at bonding lead, located between wing Rib
7A and Rib 8 below Hydraulic Pressure Lines.
    Similar inspections on different aeroplanes have shown that one
of the causes of damage, is the contact between bonding lead and the
harness, due to over length of the bonding lead.
    As the affected wire is not powered during normal operation, no
defect had been detected. The defect was detected when a test was
performed on the FSOV during maintenance check by the operator.
    This condition, in the scope of published FAA SFAR88 and JAA
Internal Policy INT/POL/25/12, is considered to be a potential
source of sparks in the wing trailing edge area and if not detected,
could lead to an uncontrolled engine fire.
    For the reasons stated above, this [EASA] AD requires a one-time
[detailed] inspection of the wires [for contact or chafing] located
between LH/RH engines Hydraulic FSOV and wing rear spar in the zones
575/675, and the bonding lead [for length] that is located between
Rib 7A and Rib 8 below Hydraulic Pressure Lines, and corrective
actions [repair wires or replace bonding leads] depending on
findings.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A300-24-0106 (for
Model A300 series airplanes); and A300-24-6108 (for Model A300-600
series airplanes); both including Appendices 01 and 02, both dated July
9, 2010. The actions described in this service information are intended
to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 125 products of U.S. registry. We also estimate that
it would take about 8 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $85,000, or $680 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $50, for a cost of
$135 per product. We have no way of determining the number of products
that may need these actions.

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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2012-0040; Directorate Identifier 2011-NM-
121-AD.

(a) Comments Due Date

    We must receive comments by March 22, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to airplanes specified in paragraphs (c)(1),
(c)(2) and (c)(3) of this AD; certificated in any category; all
certificated models; all serial numbers.
    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-
103, and B4-203 airplanes.
    (2) Airbus Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R,
B4-622R, F4-605R, and F4-622 airplanes.
    (3) Airbus Model A300 C4-605R Variant F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 24: Electrical
Power.

(e) Reason

    This AD was prompted by reports of an inoperative fire shut-off
valve (FSOV) as a result of damage due to over-length of the bonding
lead. We are issuing this AD to detect and correct contact or
chafing of wires and bonding leads which, if not detected, could be
a source of sparks in the wing trailing edge, and could lead to an
uncontrolled engine fire.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection of the FSOV Bonding Leads

    Within 4,500 flight hours or 30 months after the effective date
of this AD, whichever occurs first: Do a one-time detailed
inspection for length of the FSOV bonding leads, and for contact or
chafing of the wires located on left hand (LH) side and right-hand
(RH) side of the wing rear spar, in accordance with Accomplishment
Instructions of the Airbus Mandatory Service Bulletin A300-24-0106,
dated July 9, 2010 (for Model A300 series airplanes); or Airbus
Mandatory Service Bulletin A300-24-6108, dated July 9, 2010 (for
Model A300-600 series airplanes).

(h) Corrective Action for FSOV Bonding Leads

    If, during the inspection required by paragraph (g) of this AD,
the length of the bonding lead(s) is more than 80 mm (3.15 inches),
before further flight, replace the bonding lead(s) with a new
bonding lead having a length equal to 80 mm (3.15 inches), in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A300-24-0106, dated July 9, 2010 (for Model A300
series airplanes); or Airbus Mandatory Service Bulletin A300-24-
6108, dated July 9, 2010 (for Model A300-600 series airplanes).

(i) Repair of the Wires of the LH and RH Sides

    If, during the inspection required by paragraph (g) of this AD,
contact(s) or chafing(s) of the wires is found, repair the wires in
accordance with the Accomplishment Instructions of Airbus Mandatory
Service Bulletin A300-24-0106, dated July 9, 2010 (for Model A300
series airplanes); or Airbus Mandatory Service Bulletin A300-24-
6108, dated July 9, 2010 (for Model A300-600 series airplanes).

(j) Parts Installation

    As of the effective date of this AD, no person may install any
bonding lead longer than 80 mm (3.15 inches), located between LH/RH
engine hydraulic FSOV and wing rear spar in the zones 575/675 on any
airplane.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(l) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2011-0084, dated May 24, 2011; and the
service information identified in paragraphs (l)(1), and (l)(2) of
this AD; for related information.
    (1) Airbus Mandatory Service Bulletin A300-24-0106, dated July
9, 2010.
    (2) Airbus Mandatory Service Bulletin A300-24-6108, dated July
9, 2010.

    Issued in Renton, Washington, on January 12, 2012.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-2625 Filed 2-3-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 30007-30009]
[DOCID:fr24my06-140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53832; File No. SR-CBOE-2006-46]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Rule 15.9, Regulatory Cooperation

May 18, 2006.
    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 May 8, 2006, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') 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 proposed rule change as a ``non-controversial''
rule change under Rule 19b-4(f)(6) under the Act,\3\ which rendered the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend CBOE Rule 15.9, Regulatory
Cooperation, to clarify that the Exchange may contract with another
self-regulatory organization (``SRO'') for the performance of certain
of CBOE's regulatory functions. The text of the proposed rule change is
available on the Exchange's Web site, http://www.cboe.com, 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
    CBOE Rule 15.9(a) allows the Exchange to enter into agreements with
domestic and foreign SROs, associations and contract markets and the
regulators of such markets for the exchange of information and other
regulatory purposes.\4\
---------------------------------------------------------------------------

    \4\ The Exchange has entered into a Regulatory Services
Agreement (``RSA'') with other options markets participating in the
proposed Options Regulatory Surveillance Authority (``ORSA'')
national market system plan. Under the ORSA RSA, CBOE will provide
certain regulatory services to the other options markets.
---------------------------------------------------------------------------

    The Exchange proposes to amend CBOE Rule 15.9 to expressly allow
the Exchange to contract with another SRO for the performance of
certain of CBOE's regulatory functions. The proposed rule change would
enhance CBOE's ability to carry out its regulatory obligations under
the Act by providing CBOE the ability to contract with another SRO for
regulatory services.
    Under any agreement for regulatory services with another SRO, CBOE
would remain an SRO registered under section 6 of Act \5\ and,
therefore, would continue to have statutory authority and
responsibility for enforcing compliance by its members, and persons
associated with its members, with the Act, the rules thereunder, and
the rules of the Exchange.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
---------------------------------------------------------------------------

    The proposed rule change specifically states that any action taken
by another SRO, or its employees or authorized agents, operating on
behalf of CBOE pursuant to a regulatory services agreement with CBOE,
would be deemed an action taken by CBOE. Under any agreement for
regulatory services with another SRO, CBOE would retain ultimate
responsibility for performance of its SRO duties, and the proposed rule
change states that CBOE shall retain ultimate legal responsibility for,
and control of, its SRO responsibilities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act\6\ in general, and furthers the objectives
of sections 6(b)(1), 6(b)(6) and 6(b)(7) of the Act\7\ in particular,
in that it will enhance the ability of the Exchange to enforce
compliance by its members and persons associated with its members with
the provisions of the Act, the rules and regulations thereunder, and
the rules of the Exchange; it will help ensure that members and persons
associated with members are appropriately disciplined for violations of
the Act, the rules and regulations thereunder, and the rules of the
Exchange; and it will provide a fair procedure for the disciplining of
members and persons associated with members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(1); 15 U.S.C. 78f(b)(6); and 15 U.S.C.
78f(b)(7).
---------------------------------------------------------------------------

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received written 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: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to section 19(b)(3)(A) of the
Act\8\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\9\ The
Exchange has requested that the Commission waive the 30-day operative
delay period for ``non-controversial'' proposals and make the proposed
rule change effective and operative upon filing. The Commission hereby
grants the request. The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. In this regard, the Commission believes that the
proposal should be implemented without delay because of its immediate
applicability with respect to the proposed ORSA plan.\10\ For this
reason, the Commission designates the proposal to be effective and
operative upon filing with the Commission.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ The Commission notes that the proposed rule change is based
on a similar rule of the Boston Stock Exchange, Inc. See Securities
Exchange Act Release No. 53436 (March 7, 2006), 71 FR 13194 (March
14, 2006) (SR-BSE-2006-08).
    \11\ For the purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2006-46 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2006-46. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written

communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. 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 Number SR-CBOE-2006-46 and should be
submitted on or before June 14, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Nancy M. Morris,
Secretary.
 [FR Doc. E6-7918 Filed 5-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Page 81198]
[FR Doc No: 2020-27532]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IS21-138-000]

SFPP, L.P.; Notice Shortening Comment Period Regarding Offer of
Settlement

    Take notice that on December 7, 2020, SFPP, L.P. (SFPP),
HollyFrontier Refining & Marketing LLC, Navajo Refining Company, LLC,
Valero Marketing and Supply Company, Tesoro Refining & Marketing
Company LLC, Western Refining Pipeline Co., Western Refining Company,
L.P., Chevron Products Company, Phillips 66 Company, BP West Coast
Products LLC, ExxonMobil Oil Corporation, American Airlines, Inc.,
Southwest Airlines Co., and US Airways, Inc., (collectively, Parties)
filed a joint Offer of Settlement (Settlement). The Settlement seeks to
resolve all issues pending before the Commission with regard to SFPP's
East Line interstate rates in Docket Nos. IS09-437, et al. The Parties
request that the Commission shorten the comment period so that initial
comments are due on December 14, 2020, and reply comments are due on
December 17, 2020.
    Notice is hereby given that initial comments on the Settlement are
due on December 14, 2020, and reply comments are due on December 17,
2020.

    Dated: December 9, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-27532 Filed 12-14-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90889-90890]
[FR Doc No: 2016-30078]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79514; File No. SR-CFE-2016-004]

Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice
of Filing of a Proposed Rule Change Regarding Attempted Fraudulent Acts

December 9, 2016.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 2, 2016 CBOE
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the
Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change described in Items I and II below, which Items
have been prepared by CFE. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
CFE also has filed this proposed rule change with the Commodity Futures
Trading Commission (``CFTC''). CFE filed a written certification with
the CFTC under Section 5c(c) of the Commodity Exchange Act (``CEA'')
\2\ on December 1, 2016.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    The Exchange proposes to amend CFE Rule 601 related to fraudulent
acts. The scope of this filing is limited solely to the application of
the rule amendments to security futures that may be traded on CFE. The
text of the proposed rule change is attached as Exhibit 4 to the filing
but is not attached to the publication of this notice.

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

    In its filing with the Commission, CFE 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. CFE has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed CFE rule amendments included as part of
this rule change is to amend CFE Rule 601 (Fraudulent Acts) to broaden
the language of Rule 601 to also prohibit attempts to engage in any
fraudulent act or scheme prohibited by Rule 601. The amendment to CFE
Rule 601 is being made at the request of the CFTC. The rule amendments
included as part of this rule change are to apply to all products
traded on CFE, including both non-security futures and security
futures.
    CFE Rule 601 currently prohibits CFE Trading Privilege Holders and
their related parties from engaging in any fraudulent act or in any
scheme to defraud, deceive, or trick, in connection with or related to
any trade on or other activity related to the Exchange or the clearing
organization for the Exchange. Pursuant to CFE Rule 308, Rule 601 also
applies to any person that initiates or executes a transaction on or
subject to Exchange rules directly or through an intermediary and to
any person for whose benefit such a transaction is initiated or
executed.
    The proposed rule change broadens the language of Rule 601 to also
prohibit attempts to engage in any fraudulent act or any scheme
prohibited by Rule 601.
    This change is consistent with CFE Rule 604 (Adherence to Law)
which prohibits conduct in violation of applicable law, including any
provisions of the CEA and CFTC regulations which prohibit attempts to
engage in fraudulent acts, such as CFTC Regulation 180.1 \3\
(Prohibition on the employment, or attempted employment, of
manipulative and deceptive devices).
---------------------------------------------------------------------------

    \3\ 17 CFR 180.1.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Sections 6(b)(5) \5\ and 6(b)(7) \6\ in particular in
that it is designed:
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

     To prevent fraudulent and manipulative acts and practices,
     to promote just and equitable principles of trade, and
     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 the proposed rule change would
strengthen its ability to carry out its responsibilities as a self-
regulatory organization by providing further guidance with regard to
attempted fraudulent acts by TPHs, their related parties, and others
that access CFE's market. In particular, the proposed rule change makes
it clear that attempts to engage in fraudulent acts are prohibited. The
proposed rule change would also contribute to enhanced protection of
CFE markets and market participants.

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

    CFE 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 that the rule change will enhance CFE's
ability to carry out its responsibilities as a self-regulatory
organization. The Exchange believes that the proposed rule change is
equitable and not unfairly discriminatory because the amendments
regarding attempted fraudulent acts or schemes apply equally to all
market participants.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change will become operative on December 15,
2016. At any time within 60 days of the date of the filing by the
Exchange of a written certification with the CFTC under Section 5c(c)
of the CEA, the Commission, after consultation with the CFTC, may
summarily abrogate the proposed rule change and require that the
proposed rule change be refiled in accordance with the provisions of
Section 19(b)(1) of the Act.\7\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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-CFE-2016-004 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-CFE-2016-004. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing 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-CFE-2016-004, and should be
submitted on or before January 5, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(73).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30078 Filed 12-14-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Proposed Rules]
[Page 95551]
[FR Doc No: 2016-31259]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0544; FRL-9957-46-OAR]

Change the RFS Point of Obligation; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of public comment period.

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

SUMMARY: On November 22, 2016, the U.S. Environmental Protection Agency
(``EPA'') published a Notice of its proposed denial of several
petitions requesting that EPA initiate a rulemaking process to
reconsider or change its regulations that identify refiners and
importers of gasoline and diesel fuel as the entities responsible for
complying with the annual percentage standards adopted under the
Renewable Fuel Standard (RFS) program. The Notice invited public
comment on this proposal by January 23, 2017--60 days after publication
of the Notice in the Federal Register. On December 13, 2016, the EPA
received a request from the Small Retailers Coalition to extend the
comment period by 30 days to allow its members to provide thorough
comments and data. In light of the importance of this issue, the EPA is
extending the deadline for written comments an additional 30 days to
February 22, 2017.

DATES: Comments must be received on or before February 22, 2017.

ADDRESSES: Submit your comments on the EPA's proposed denial of the
petitions referenced above, identified by Docket ID No. EPA-HQ-OAR-
2016-0544, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or withdrawn from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA proposal noted above was published
on November 22, 2016, at 81 FR 83776. For the reasons noted above, the
public comment period will now end on February 22, 2017.

    Dated: December 20, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2016-31259 Filed 12-27-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Notices]
[Pages 47418-47419]
[FR Doc No: 2022-16619]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Docket Numbers: EG22-192-000.
    Applicants: Brotman Generating, LLC.
    Description: Brotman Generating, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5140.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: EG22-193-000.
    Applicants: Mark One II, LLC.
    Description: Mark One II, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5141.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: EG22-194-000.
    Applicants: Brotman II, LLC.
    Description: Brotman II, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5152.
    Comment Date: 5 p.m. ET 8/18/22.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL22-80-000.
    Applicants: American Municipal Power, Inc., Office of the People's
Counsel for the District of Columbia, PJM Industrial Customer
Coalition.
    Description: Complaint of American Municipal Power, Inc., Office of
the People's Counsel for the District of Columbia, et al. v. PJM
Interconnection, L.L.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5153.
    Comment Date: 5 p.m. ET 8/15/22.

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

    Docket Numbers: ER15-995-002; ER17-814-003; ER19-367-003.
    Applicants: Pixelle Specialty Solutions LLC, Pixelle Energy
Services LLC, Pixelle Androscoggin LLC.
    Description: Notice of Non-Material Change in Status of Pixelle
Specialty Solutions LLC, et al.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5126.
    Comment Date: 5 p.m. ET 8/17/22.
    Docket Numbers: ER17-1320-003; ER17-2281-002; ER17-2282-002; ER19-
135-002; ER20-64-002; ER20-65-002; ER21-653-002; ER21-654-002; ER21-
856-003; ER21-857-003; ER21-1396-001; ER21-1397-001; ER21-2689-001;
ER21-2690-001; ER21-2764-001; ER21-2769-001; ER22-19-001; ER22-20-001;
ER22-215-001; ER22-216-001.
    Applicants: PGR 2021 Lessee 2, LLC, Beulah Solar, LLC, PGR 2021
Lessee 1, LLC, Stanly Solar, LLC, PGR 2021 Lessee 7, LLC, Highest Power
Solar, LLC, PGR 2021 Lessee 5, LLC, Lick Creek Solar, LLC, PGR 2020
Lessee 8, LLC, Sugar Solar, LLC, Trent River Solar, LLC, Trent River
Solar Mile Lessee, LLC, PGR Lessee O, LLC, Centerfield Cooper Solar,
LLC, TWE Bowman Solar Project, LLC, PGR Lessee L, LLC, Peony Solar LLC,
Champion Solar, LLC, Swamp Fox Solar, LLC, Odyssey Solar, LLC.
    Description: Notice of Non-Material Change in Status of Odyssey
Solar, LLC, et al.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5159.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER17-1985-001.
    Applicants: Howard Wind LLC.
    Description: Notice of Non-Material Change in Status of Howard Wind
LLC.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5122.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2504-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Sec.  205(d) Rate Filing: DEP--Certificate of
Concurrence to the CRSG Operating Manual to be effective 10/1/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5115.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2505-000.
    Applicants: Big Sky Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Normal filing 2022 July to
be effective 7/28/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5002.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2506-000.
    Applicants: Vitol Inc.
    Description: Sec.  205(d) Rate Filing: Normal filing 2022 July to
be effective 7/28/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5003.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2507-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA SA
No. 5842; Queue No. AF2-286 to be effective 8/27/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5023.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2508-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2022-07-28 PSCo-PRPA-Avery
SS-IA-406-0.0.0 to be effective 7/29/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5026.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2509-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Transmission
Systems, Incorporated submits tariff filing per 35.13(a)(2)(iii: ATSI
Submits Revised IA No. 3992 to be effective 9/27/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5034.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2510-000.
    Applicants: The Narragansett Electric Company.
    Description: Sec.  205(d) Rate Filing: Narragansett Amended MBR
Tariff FERC Electric Tariff No. 2 to be effective 5/25/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5037.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2511-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-07-28_SA 3873 ITC
Midwest-Elk Creek GIA (J1164) to be effective 9/27/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5044.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2512-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 310,
JUOM&R Agreement with APS & AES to be effective 9/28/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5092.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2513-000.
    Applicants: Deerfield Wind Energy 2, LLC.
    Description: Initial rate filing: Application for Market-Based
Rate, Waivers and Authority to be effective 8/15/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5094.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2514-000.
    Applicants: Arizona Public Service Company.
    Description: Tariff Amendment: Service Agreement No. 388, Notice of
Cancellation to be effective 9/27/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5100.
    Comment Date: 5 p.m. ET 8/18/22/.

    Docket Numbers: ER22-2515-000.
    Applicants: American Electric Power Service Corporation, Indiana
Michigan Power Company, AEP Indiana Michigan Transmission Company,
Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Electric Power
Service Corporation submits tariff filing per 35.13(a)(2)(iii: AEP
submits amended Billing Agent Agreement SA No. 5677 to be effective 10/
1/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5107.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2516-000.
    Applicants: Chaves County Solar II, LLC.
    Description: Request for Limited Waiver, et al. of Chaves County
Solar II, LLC.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5114.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2517-000.
    Applicants: Black Hills Colorado Electric, LLC.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
to JDA with PSCo and PRPA to be effective 8/1/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5120.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2518-000.
    Applicants: Clearwater Wind I, LLC.
    Description: Baseline eTariff Filing: Clearwater Wind I, LLC
Application for Market-Based Rate Authorization to be effective 9/27/
2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5127.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2519-000.
    Applicants: Bellflower Solar 1, LLC.
    Description: Baseline eTariff Filing: Petition for MBR Tariff,
Waivers, Blanket Authority, and Expedited Treatment to be effective 10/
1/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5132.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2520-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 6059; Queue No. AG1-065 re: withdrawal to be effective 8/23/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5139.
    Comment Date: 5 p.m. ET 8/18/22.

    Docket Numbers: ER22-2521-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5762; Queue No. AF2-282 re: withdrawal to be effective 8/27/2022.
    Filed Date: 7/28/22.
    Accession Number: 20220728-5148.
    Comment Date: 5 p.m. ET 8/18/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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 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: July 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16619 Filed 8-2-22; 8:45 am]
BILLING CODE 6717-01-P