[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79308-79310]
[FR Doc No: 2013-31217]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 872

[Docket No. FDA-2012-N-1239]

Dental Devices; Reclassification of Temporary Mandibular Condyle
Prosthesis

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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SUMMARY: The Food and Drug Administration (FDA) is issuing a final
order to reclassify temporary mandibular condyle prosthesis, a
preamendments class III device, into class II (special controls), and
rename the device ``temporary mandibular condyle reconstruction
plate.'' FDA is also issuing the special controls guideline entitled
``Temporary Mandibular Condyle Reconstruction Plate Class II Special
Controls Guideline'' that sets forth the special controls that are
necessary to provide a reasonable assurance of the safety and
effectiveness of the device.

DATES: This order is effective December 30, 2013.

FOR FURTHER INFORMATION CONTACT: Michael Ryan, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1615, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background--Regulatory Authorities

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended
by the Medical Device Amendments of 1976 (the 1976 amendments) (Pub. L.
94-295), the Safe Medical Devices Act of 1990 (Pub. L. 101-629), the
Food and Drug Administration Modernization Act of 1997 (FDAMA) (Pub. L.
105-115), the Medical Device User Fee and Modernization Act of 2002
(Pub. L. 107-250), the Medical Devices Technical Corrections Act (Pub.
L. 108-214), the Food and Drug Administration Amendments Act of 2007
(Pub. L. 110-85), and the Food and Drug Administration Safety and
Innovation Act (FDASIA) (Pub. L. 112-144), among other amendments,
established a comprehensive system for the regulation of medical
devices intended for human use. Section 513 of the FD&C Act (21 U.S.C.
360c) established three categories (classes) of devices, reflecting the
regulatory controls needed to provide reasonable assurance of their
safety and effectiveness. The three categories of devices are class I
(general controls), class II (special controls), and class III
(premarket approval).
    Under section 513(d) of the FD&C Act, devices that were in
commercial distribution before the enactment of the 1976 amendments,
May 28, 1976 (generally referred to as preamendments devices), are
classified after FDA has: (1) Received a recommendation from a device
classification panel (an FDA advisory committee); (2) published the
panel's recommendation for comment, along with a proposed regulation
classifying the device; and (3) published a final regulation
classifying the device. FDA has classified most preamendments devices
under these procedures.
    Devices that were not in commercial distribution prior to May 28,
1976 (generally referred to as postamendments devices) are
automatically classified by section 513(f) of the FD&C Act into class
III without any FDA rulemaking process. Those devices remain in class
III and require premarket approval unless, and until, the device is
reclassified into class I or II or FDA issues an order finding the
device to be substantially equivalent, in accordance with section
513(i) of the FD&C Act, to a predicate device that does not require
premarket approval. The Agency determines whether new devices are
substantially equivalent to predicate devices by means of premarket
notification procedures in section 510(k) of the FD&C Act (21 U.S.C.
360(k)) and part 807 (21 CFR part 807).
    On July 9, 2012, FDASIA was enacted. Section 608(a) of FDASIA (126
Stat. 1056) amended section 513(e) of the FD&C Act, changing the
mechanism for reclassifying a device from rulemaking to an
administrative order.
    Section 513(e) of the FD&C Act governs reclassification of
classified preamendments devices. This section provides that FDA may,
by administrative order, reclassify a device based upon ``new
information.'' FDA can initiate a reclassification under section 513(e)
of the FD&C Act or an interested person may petition FDA to reclassify
a preamendments device. The term ``new information,'' as used in
section 513(e) of the FD&C Act, includes information developed as a
result of a reevaluation of the data before the Agency when the device
was originally classified, as well as information not presented, not
available, or not developed at that time. (See, e.g., Holland-Rantos
Co. v. United States Department of Health, Education, and Welfare, 587
F.2d 1173, 1174 n.1 (D.C. Cir. 1978); Upjohn v. Finch, 422 F.2d 944
(6th Cir. 1970); Bell v. Goddard, 366 F.2d 177 (7th Cir. 1966).)
    Reevaluation of the data previously before the Agency is an
appropriate basis for subsequent action where the reevaluation is made
in light of newly available authority (see Bell, 366 F.2d at 181;
Ethicon, Inc. v. FDA, 762 F.Supp. 382, 388-391 (D.D.C. 1991)), or in
light of changes in ``medical science'' (Upjohn, 422 F.2d at 951).
Whether data before the Agency are old or new data, the ``new
information'' to support reclassification under section 513(e) must be
``valid scientific evidence,'' as defined in section 513(a)(3) of the
FD&C Act and 21 CFR 860.7(c)(2). (See, e.g., General Medical Co. v.
FDA, 770 F.2d 214 (D.C. Cir. 1985); Contact Lens Association v. FDA,
766 F.2d 592 (D.C.

Cir. 1985), cert. denied, 474 U.S. 1062 (1986).)
    FDA relies upon ``valid scientific evidence'' in the classification
process to determine the level of regulation for devices. To be
considered in the reclassification process, the ``valid scientific
evidence'' upon which the Agency relies must be publicly available.
Publicly available information excludes trade secret and/or
confidential commercial information, e.g., the contents of a pending
premarket approval application (PMA). (See section 520(c) of the FD&C
Act (21 U.S.C. 360j(c)).) Section 520(h)(4) of the FD&C Act, added by
FDAMA, provides that FDA may use, for reclassification of a device,
certain information in a PMA 6 years after the application has been
approved. This includes information from clinical and preclinical tests
or studies that demonstrate the safety or effectiveness of the device
but does not include descriptions of methods of manufacture or product
composition and other trade secrets.
    Section 513(e)(1) of the FD&C Act sets forth the process for
issuing a final order. Specifically, prior to the issuance of a final
order reclassifying a device, the following must occur: (1) Publication
of a proposed order in the Federal Register; (2) a meeting of a device
classification panel described in section 513(b) of the FD&C Act; and
(3) consideration of comments to a public docket. FDA published a
proposed order to reclassify this device in the Federal Register of
February 7, 2013 (78 FR 9010) (the 2013 proposed order). FDA received
and has considered one comment on the 2013 proposed order, as discussed
in section II of this document. On February 12, 1997, FDA held a
meeting of a device classification panel described in section 513(b) of
the FD&C Act with respect to temporary mandibular condyle prosthesis
(the 1997 Panel), and therefore, has met this requirement under section
513(e)(1) of the FD&C Act. As explained further in section II of the
2013 proposed order, a meeting of a device classification panel
described in section 513(b) of the FD&C Act took place in 1997 to
discuss whether temporary mandibular condyle prosthesis should be
reclassified or remain in class III, and the 1997 Panel recommended
that the device be reclassified into class II because there was
sufficient information to establish special controls. FDA is not aware
of new information since the 1997 Panel that would provide a basis for
a different recommendation or findings.

II. Public Comments in Response to the Proposed Order

    In response to the 2013 proposed order to reclassify temporary
mandibular condyle prostheses and rename the device temporary
mandibular condyle reconstruction plates (TMCRPs), FDA received one
comment. This comment disagreed with FDA's intent to reclassify these
devices from class III to class II. The commenter believes that TMCRPs
should be classified as class III (PMA) devices, similar to permanent
mandibular condyle prostheses, because reclassification to class II
(special controls) would allow TMCRPs to enter the market and be used
off-label for permanent use. FDA disagrees with this comment. FDA
generally does not regulate the practice of medicine but rather
regulates the use of a device as indicated by the party offering the
device for interstate commerce. The indications for TMCRP are limited
to temporary use by the codified identification. FDA is requiring in
the special control guideline for this device (see section IV of this
final order) patient labeling for TMCRP devices that clearly indicate
that the device ``is intended for temporary use (defined as less than
24 months) only. It is not intended to permanently reconstruct the TMJ.
It is not intended for permanent treatment of TMJ disorders.'' FDA
recommends that patients discuss the risks and benefits of any
treatment with their surgeon, especially if off-label use is involved.
    The commenter also states that the special controls are not
rigorous enough and that clinical trials are necessary to provide a
reasonable assurance of the device's safety and effectiveness. The
commenter suggests that classification to class II (special controls)
precludes FDA from requesting clinical data for these devices. FDA
disagrees with this comment. FDA believes that the special controls
provide a reasonable assurance of safety and effectiveness for TMCRP
devices that feature similar technology and indications. The Agency
believes it has identified all relevant risks to health (see section V
of the 2013 proposed order) and that the mitigation methods described
in the associated special controls guideline will be effective in
mitigating these risks. These risks and mitigations were based on
recommendations from the 1997 Panel and information provided by
manufacturers in response to the section 515(i) of the FD&C Act call
for information, which included information on preclinical testing and
literature reports demonstrating that TMCRPs are effective for
temporary reconstruction of the mandible and not associated with
complications. FDA is also not precluded from requesting clinical data
for TMCRP devices where it is necessary to demonstrate substantial
equivalence. See section 513(a)(1)(B) of the FD&C Act.
    The commenter also states that the new identification for this
device is misleading and that the device should be limited to
terminally ill patients who have had a tumor resection procedure. FDA
disagrees with these comments. FDA believes the 1997 Panel did not
intend to limit the use of TMCRP to terminally ill patients. FDA
believes that the identified risks to health associated with TMCRP
devices are inclusive for a patient population that has undergone
resective surgical procedures, whether the result of a tumor or not,
that requires the removal of the mandibular condyle and mandibular
bone. Further, FDA believes that the identified special controls
mitigate these risks and provide a reasonable assurance of safety and
effectiveness in this patient population.

III. The Final Order

    Under section 513(e) of the FD&C Act, FDA is adopting its findings
as published in the preamble to the 2013 proposed order. FDA is issuing
this final order to reclassify temporary mandibular condyle prostheses
from class III to class II, rename them temporary mandibular condyle
reconstruction plates, and establish special controls by revising part
872 (21 CFR part 872).
    Section 510(m) of the FD&C Act provides that FDA may exempt a class
II device from the premarket notification requirements under section
510(k) of the FD&C Act if FDA determines that premarket notification is
not necessary to provide reasonable assurance of the safety and
effectiveness of the devices. FDA has determined that premarket
notification is necessary to provide reasonable assurance of safety and
effectiveness of TMCRPs, and therefore, this device type is not exempt
from premarket notification requirements.

IV. Electronic Access to the Special Controls Guideline

    Persons interested in obtaining a copy of the guideline may do so
by using the Internet. A search capability for all Center for Devices
and Radiological Health guidelines and guidance documents is available
at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. The

guideline is also available at http://www.regulations.gov.
    To receive ``Temporary Mandibular Condyle Reconstruction Plate
Class II Special Controls Guideline,'' you may either send an email
request to<EMAIL_ADDRESS>to receive an electronic copy of the
document or send a fax request to<PHONE_NUMBER> to receive a hard copy.
Please use the document number 1799 to identify the guidance you are
requesting.

V. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

VI. Paperwork Reduction Act of 1995

    This final order refers to currently approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 812 have been approved under
OMB control number 0910-0078; the collections of information in part
807, subpart E, have been approved under OMB control number 0910-0120;
the collections of information in 21 CFR part 814, subpart B, have been
approved under OMB control number 0910-0231; and the collections of
information under 21 CFR part 801 have been approved under OMB control
number 0910-0485.

VII. Clarifications to Special Controls Guidelines

    The special controls guideline reflects changes the Agency is
making to clarify its position on the binding nature of special
controls. The changes include referring to the document as a
``guideline,'' as that term is used in section 513(a) of the FD&C Act,
which the Secretary has developed and disseminated to provide a
reasonable assurance of safety and effectiveness for class II devices,
and not a ``guidance,'' as that term is used in 21 CFR 10.115. The
guideline also clarifies that firms will need either to (1) comply with
the particular mitigation measures set forth in the special controls
guideline or (2) use alternative mitigation measures, but demonstrate
to the Agency's satisfaction that those alternative measures identified
by the firm will provide at least an equivalent assurance of safety and
effectiveness. Finally, the guideline uses mandatory language to
emphasize that firms must comply with special controls to legally
market their class II devices. These revisions do not represent a
change in FDA's position about the binding effect of special controls,
but rather are intended to address any possible confusion or
misunderstanding.

VIII. Codification of Orders

    Prior to the amendments by FDASIA, section 513(e) of the FD&C Act
provided for FDA to issue regulations to reclassify devices. Although
section 513(e) of the FD&C Act as amended requires FDA to issue final
orders rather than regulations, FDASIA also provides for FDA to revoke
previously issued regulations by order. FDA will continue to codify
classifications and reclassifications in the Code of Federal
Regulations (CFR). Changes resulting from final orders will appear in
the CFR as changes to codified classification determinations or as
newly codified orders. Therefore, under section 513(e)(1)(A)(i) of the
FD&C Act, as amended by FDASIA, in this final order, we are revoking
the requirements in Sec.  872.3960 related to the classification of
TMCRPs as Class III devices and codifying the reclassification of
TMCRPs into Class II.

List of Subjects in 21 CFR Part 872

    Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
872 is amended as follows:

PART 872--DENTAL DEVICES

0
1. The authority citation for 21 CFR part 872 continues to read as
follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

0
2. Section 872.3960 is amended by revising paragraph (c) to read as
follows:

Sec.  872.3960  Mandibular condyle prosthesis.

* * * * *
    (c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before March 30, 1999, for any mandibular
condyle prosthesis that was in commercial distribution before May 28,
1976, or that has, on or before March 30, 1999, been found to be
substantially equivalent to a mandibular condyle prosthesis that was in
commercial distribution before May 28, 1976. Any other mandibular
condyle prosthesis shall have an approved PMA or a declared completed
PDP in effect before being placed in commercial distribution.

0
3. Section 872.4770 is added to subpart E to read as follows:

Sec.  872.4770  Temporary mandibular condyle reconstruction plate.

    (a) Identification. A temporary mandibular condyle reconstruction
plate is a device that is intended to stabilize mandibular bone and
provide for temporary reconstruction of the mandibular condyle until
permanent reconstruction is completed in patients who have undergone
resective surgical procedures requiring removal of the mandibular
condyle and mandibular bone. This device is not intended for treatment
of temporomandibular joint disorders.
    (b) Classification. Class II (special controls). The special
controls for this device is FDA's guideline entitled ``Temporary
Mandibular Condyle Reconstruction Plate Class II Special Controls
Guideline.'' See Sec.  872.1(e) for the availability of this guidance
document.

    Dated: December 23, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-31217 Filed 12-27-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Proposed Rules]
[Pages 15622-15624]
[FR Doc No: 2023-05165]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 399

[Docket No. DOT-OST-2022-0109]
RIN 2105-AF10

Enhancing Transparency of Airline Ancillary Service Fees

AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).

ACTION: Public hearing. Reopen comment period.

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SUMMARY: This Notice announces a virtual public hearing on certain
issues related to the U.S. Department of Transportation's Notice of
Proposed Rulemaking on Enhancing Transparency of Airline Ancillary
Service Fees. By this Notice, the virtual public hearing on this
rulemaking, originally scheduled for March 16, 2023, is rescheduled to
March 30, 2023. Through this notice, the Department also reopens the
comment period for the rulemaking and will accept comments through
April 6, 2023.

DATES: The virtual hearing will be held on March 30, 2023, from 9 a.m.
to 5 p.m. Eastern Time. The hearing is open to the public, subject to
any technical and/or capacity limitations. Requests to attend the
hearing must be submitted to https://usdot.zoomgov.com/webinar/register/WN_MSHu2poARNCKM8vI4-q5mQ. We encourage interested parties to
register by Monday, March 27, 2023. Communication Access Real-time
Translation (CART) and sign language interpretation will be provided
during the hearing. Requests for additional accommodations because of a
disability must be received at [email protected] by Monday, March
27, 2023.

ADDRESSES: The virtual hearing will be open to the public and held via
the Zoom Webinar Platform. Virtual attendance information will be
provided upon registration. An agenda will be available on the
Department's Office of Aviation Consumer Protection website at https://www.transportation.gov/airconsumer/latest-news in advance of the
hearing.

FOR FURTHER INFORMATION CONTACT: To register and attend this virtual
hearing, please use the link: https://usdot.zoomgov.com/webinar/register/WN_MSHu2poARNCKM8vI4-q5mQ. Attendance is open to the public
subject to any technical and/or capacity limitations. For further
information, please contact Ryan Patanaphan, Senior Trial Attorney, by
email at [email protected] or by phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 20, 2022, the U.S. Department of Transportation (DOT or
Department) published in the Federal Register a notice of proposed
rulemaking (NPRM) that proposed several disclosure requirements to
enhance the transparency of ancillary service fees so consumers know
the true cost of air travel early in the purchasing process. (87 FR
63718). In the NPRM, the Department proposed to require U.S. air
carriers, foreign air carriers, and ticket agents to clearly disclose
passenger-specific or itinerary-specific baggage fees, change fees, and
cancellation fees to consumers whenever fare and schedule information
is provided to consumers for flights to, within, and from the United
States. The Department also proposed requiring similar disclosures for
fees for a child 13 or under to be seated adjacent to an accompanying
adult, as well as the transactability of such seating fees. To ensure
ticket agents could provide the proposed disclosures, the NPRM proposed
requiring carriers to provide useable, current, and accurate
information regarding fees to ticket agents that sell or display the
carrier's fare and schedule information. The NPRM also proposed an
implementation and compliance period of six months from the date of a
potential final rule.
    The NPRM provided for a comment period of 60 days after publication
of the NPRM in the Federal Register, i.e., December 19, 2022. In
response to a request for additional opportunity to comment, the
Department extended the comment period for an additional 35 days to
January 23, 2023.\1\ The Department subsequently received a request to
further extend the comment period on the basis that the requestor was
not able to view the January 12, 2023, meeting of the Aviation Consumer
Protection Advisory Committee meeting when it occurred and that as of
the time the request for extension was submitted, the meeting materials
had not been posted to the docket. The Department declined to extend
the comment period based on that request. (88 FR 4923 (Jan. 26, 2023)).
The Department received another request for additional time to provide
comments on the NPRM, based primarily on technological and interface
issues identified by the petitioner. The Department posted a notice
stating that it was considering whether to grant that request and would
publish its determination in the Federal Register (See https://www.transportation.gov/airconsumer/AncillaryFeeNPRM-Procedural-Information-January23-2023.) As discussed in Section V. of this notice,
the Department has determined to grant the Travelers United request for
additional time to submit comments.
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    \1\ 87 FR 77765 (Dec. 20, 2022).
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    On January 23, 2023, multiple commenters petitioned the Department
for a public hearing on the NPRM pursuant to the Department's
regulation on rulemakings relating to unfair and deceptive practices,
14 CFR 399.75.\2\ Airlines for America raised two questions in its
petition: whether consumers are or are likely to be substantially
injured or are misled by airlines' current disclosures of ancillary
service fees; and whether disclosures of itinerary-specific ancillary
fees at the time of first search will result in the display of
incomplete or inapplicable ancillary fee information, cause consumer
confusion, and distort the marketplace. The Travel Technology
Association (Travel Tech) states in its petition that there is a
fundamental disputed factual issue as to whether the proposed display
requirements would benefit or harm consumers. Travel Tech also believes
that the proposed disclosures are technically infeasible and has
requested a hearing to discuss these concerns as well as the
Department's proposed time frame for compliance. In its comment on the
NPRM, Google LLC also requested a hearing based on its assertion that
the Department's analysis was flawed and that it was deficient in
providing its complaint-based evidence justifying the rulemaking. In
arguing that a hearing is in the public interest pursuant to 14 CFR
399.75, Airlines for America and Travel Tech assert that the underlying
proposed rule depends on conclusions concerning one or more specific
scientific, technical, economic, or other factual issues that are
genuinely in dispute; the ordinary public comment process is unlikely
to provide an adequate examination of the issue to permit a fully
informed judgement; the resolution of the disputed factual issues would
likely have a material effect on the costs and benefits of the proposed
rule; the requested hearing on the issue would advance the
consideration of the proposed rule and the General Counsel's ability to
make the rulemaking determinations required by the Department's
regulation; and a hearing will not unreasonably delay completion of
this rulemaking.
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    \2\ See, e.g., petitions for hearing from Airlines for America,
https://www.regulations.gov/comment/DOT-OST-2022-0109-0091, the
Travel Technology Association, https://www.regulations.gov/comment/DOT-OST-2022-0109-0239, and Google LLC, https://www.regulations.gov/comment/DOT-OST-2022-0109-0088.
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    By a notice dated March 3, 2023, the Department granted the
requests for a public hearing and originally scheduled the hearing for
March 16, 2023.\3\ The Department noted that the scope of the hearing
would be limited to the factual issues specified in the March 3 notice.
On March 6, 2023, Airlines for America (A4A) and the Travel Technology
Association (Travel Tech) requested that the public hearing be
rescheduled and for additional explanation of the hearing procedures.
Both organizations requested that the hearing be postponed for one
month until April 17, 2023, stating that the fifteen days' notice (or
ten business days, per A4A's request) provided for the hearing was
insufficient to identify speakers and to compile data responsive to the
subjects presented in the March 3 notice. A4A also stated that it would
have difficulty finding participants due to the hearing being scheduled
during the Spring Break season. Both organizations also noted that a
public hearing on the Airline Ticket Refunds and Consumer Protections
NPRM had been scheduled for March 14,\4\ giving them inadequate time to
prepare for the March 16 hearing on the NPRM on ancillary fees.
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    \3\ 88 FR 13389.
    \4\ 88 FR 13387.
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    A4A also reiterated its request for a neutral hearing officer to
preside over the hearing, expressing its disagreement with the
appointment of Blane Workie, the Department's Assistant General Counsel
for the Office of Aviation Consumer Protection and the Department's
designated Aviation Consumer Advocate. On March 8, 2023, the
International Air Transport

Association (IATA) wrote to express support for A4A and Travel Tech's
requests.

II. Rescheduling of Public Hearing

    After careful consideration of the points raised by A4A and Travel
Tech, the Department has decided to reschedule its public hearing on
the Enhancing Transparency of Airline Ancillary Service Fees NPRM to
March 30, 2023. While the Department was surprised to learn that the
parties that had requested the public hearing were unprepared to
present views on the topics for which they had requested the hearing,
the Department wants to ensure that stakeholders, including the
petitioners, have an adequate opportunity to be heard on this
rulemaking and for this reason, has determined that a 14-day extension
to assist with preparation for the hearing is reasonable. As part of
this rescheduling, the length of the hearing will also be extended to
ensure adequate time is afforded to those who wish to comment. The
hearing will be held from 9 a.m. to 5 p.m. ET. As noted in Section IV
of this notice, if all participants have expressed their views prior to
the scheduled 5 p.m. end time, the Department may end the hearing prior
to 5 p.m.

III. Agenda, Hearing Officer, and Post-Hearing Actions

    The Department has considered A4A's request for the appointment of
a different hearing officer and has decided to retain the appointment
of Blane Workie as the designated Hearing Officer. The Department notes
that the Hearing Officer's role is to preside over the hearing. In that
regard, Ms. Workie's appointment is appropriate because: (1) she is a
career civil servant who will execute this role in a neutral, fair, and
professional manner; (2) her responsibilities as an Aviation Consumer
Advocate are those that she has had as an Assistant General Counsel of
the Office of the Aviation Consumer Protection and such
responsibilities do not make her biased; and (3) the Hearing Officer's
role is to conduct the meeting using generally accepted meeting
management techniques and to not serve as a decisionmaker. As stated in
the Department's regulations in 14 CFR 399.75, the General Counsel
considers the record of the hearing and makes a reasoned determination
whether to terminate the rulemaking, proceed with the rulemaking as
proposed, or modify the proposed rule.
    The regulations further require the General Counsel to explain, in
an appropriate rulemaking document published in the Federal Register,
the rationale for the post-hearing decision made by the General
Counsel. The rationale for the post-hearing decision made by the
General Counsel will be explained in any final rule or other
appropriate rulemaking document issued by the Department for this
action.

IV. Public Participation and Procedures

    The March 30, 2023, hearing will begin at 9 a.m. ET, and the
Department will provide time for opening remarks by the Hearing
Officer. The meeting will then transition to public comments and
presentations. Any oral comments presented should be limited to the
subjects described in the March 3 Notice and be brief so that all
participants will have an opportunity to speak. If a meeting
participant wishes to speak on a particular topic identified in the
March 3, 2023 notice,\5\ the participant must register in advance to
speak on that topic. We ask individuals requesting to speak to specify
the length of time that they would like to have allotted to them. Based
on the number of participants who register to speak on a particular
topic, the Department will allot time to individual speakers in a way
that maximizes each speaker's ability to present their views and to
ensure a wide variety of perspectives. The Hearing Officer may ask
clarifying questions during the hearing but will otherwise reserve
speaking time after opening remarks for meeting participants. The
intent of the hearing is to ensure that the Department is able to hear
from petitioners and other interested parties regarding the issues
raised in the petition. If the volume of requests for oral comments
received and any additional comments, responses, and/or presentations
that participants may wish to make is such that all participants have
expressed their views prior to the scheduled 5 p.m. end time, the
Department may end the hearing prior to 5 p.m.
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    \5\ 88 FR 13389, available at https://www.federalregister.gov/documents/2023/03/03/2023-04510/enhancing-transparency-of-airline-ancillary-service-fees.
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    Individual members of the public who wish to present oral comments
must notify the Department of Transportation, no later than Monday,
March 27 via the meeting's registration link and specify in the
registration those topics on which they wish to provide comments. All
written materials (e.g., PowerPoint presentations) presented at the
hearing will be made part of the meeting's record.
    As discussed in Section V. of this notice, and consistent with the
requirement of 14 CFR 399.75, the Department plans to reopen the
comment period for this rulemaking. The comment period will remain open
through April 6, 2023. Interested parties who wish to file statements
or comments that are specifically related to the subject(s) discussed
at the hearing may submit their written comments electronically to the
NPRM Docket (DOT-OST-2022-0109).
    After the hearing and after the record of the hearing is closed,
the hearing officer will place on the rulemaking docket minutes of the
hearing reflecting the evidence and arguments presented on the issues.

V. Reopening of Public Comment Period

    Consistent with the procedural requirement under section 14 CFR
399.75, which provides that interested parties shall be given an
opportunity to file statements or comments after a hearing on the
proposed regulation, and in granting the Travelers United request for
additional time to submit comments, the Department is reopening the
comment period for the NPRM from March 14, 2023 through April 6, 2023.
The Department will consider any comments received from publication of
the NPRM through April 6, 2023 to be timely filed. New comments
submitted to the Docket may include, but need not be limited to,
subjects discussed in the petition for hearing and during the March 30,
2023 hearing.

VI. Viewing Documents

    Documents associated with the NPRM on Enhancing Transparency of
Airline Ancillary Service Fees may be accessed in the rulemaking Docket
(DOT-OST-2022-0109). Dockets may be accessed at https://www.regulations.gov. After entering the relevant docket number click
the link to ``Open Docket Folder'' and choose the document to review.

    Signed in Washington, DC, on this 9th day of March 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-05165 Filed 3-13-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31049-31050]
[FR Doc No: 2014-12604]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0455: FRL-9911-64-Region-10]

Adequacy Determination for the Kent, Seattle, and Tacoma,
Washington PM10 State Implementation Plan for Transportation Conformity
Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy determination.

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

SUMMARY: The Environmental Protection Agency (EPA) is notifying the
public of its finding that the Kent, Seattle, and Tacoma second 10-year
limited maintenance plan (LMP) for particulate matter with an
aerodynamic diameter of a nominal 10 microns or less (PM10)
is adequate for transportation conformity purposes. The LMP was
submitted to the EPA by the State of Washington Department of Ecology
(Ecology or the State) on November 25, 2013. As a result of our
adequacy finding, regional emissions analyses will no longer be
required as part of the transportation conformity demonstrations for
PM10 for the Kent, Seattle, and Tacoma areas.

DATES: This finding is effective June 16, 2014.

FOR FURTHER INFORMATION CONTACT: The finding will be available at the
EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. You may also contact Dr. Karl Pepple, U.S. EPA,
Region 10 (OAWT-107), 1200 Sixth Ave., Suite 900, Seattle WA 98101;
(206) 553-1778; or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This action provides notice of the EPA's
adequacy finding regarding the second 10-year PM10 limited
maintenance plan for Kent, Seattle, and Tacoma (LMP) for purposes of
transportation conformity. The EPA's finding was made pursuant to the
adequacy review process for implementation plan submissions delineated
at 40 CFR 93.118(f)(1) under which the EPA reviews the adequacy of a
state implementation plan (SIP) submission prior to the EPA's final
action on the implementation plan.
    The State submitted the LMP to the EPA on November 25, 2013.
Pursuant to 40 CFR 93.118(f)(1), the EPA notified the public of its
receipt of this plan and its review for an adequacy determination on
the EPA's Web site and requested public comment by no later than
January 10, 2014. Additionally, the EPA announced the public comment
period on the entire LMP in the Federal Register on December 26, 2013
(78 FR 78311). The EPA received a request to extend the comment period
and announced a comment period extension to March 10, 2014 in a notice
published on February 6, 2014 (79 FR 7126). The EPA received no
comments on the on-road vehicle portion of the plan during the comment
period. As part of our review, we also reviewed comments on the LMP
submitted to the State of Washington during the State's public process.
There were no adverse comments directed at the on-road portion of the
plan that were submitted during the State hearing process regarding the
new Plan.
    However, the EPA did receive adverse comments on potential future
emissions in the non-road portion of the LMP. Nevertheless, the EPA
believes it is appropriate to find this LMP adequate for purposes of
transportation conformity while the EPA continues to review the plan
and comments received. This adequacy finding is not dispositive of the
EPA's ultimate approval or disapproval of the LMP.
    The EPA notified Ecology in a letter dated April 9, 2014 (adequacy
letter), subsequent to the close of the EPA comment period, that the
EPA had found the LMP to be adequate for use for transportation
conformity purposes. A copy of the adequacy letter and its enclosure
are available in the docket for this action and at the EPA's conformity
Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    Pursuant to 40 CFR 93.109(l), limited maintenance plans are not
required to contain on-road motor vehicle emissions budgets.
Accordingly, as a result of this adequacy finding, regional emissions
analyses will no longer be required as a part of the transportation
conformity demonstrations for PM10 for

the Kent, Seattle, and Tacoma areas. However, other conformity
requirements still remain such as consultation (40 CFR 93.112),
transportation control measures (40 CFR 93.113), and project level
analysis (40 CFR 93.116).
    Transportation conformity is required by section 176(c) of the
Clean Air Act. Transportation conformity to a SIP means that on-road
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the national
ambient air quality standards. The minimum criteria by which we
determine whether a SIP is adequate for conformity purposes are
specified at 40 CFR 93.118(e)(4). The EPA's analysis of how the LMP
satisfies these criteria is found in the adequacy letter and its
enclosure. The EPA's adequacy review is separate from the EPA's SIP
completeness review and it is not dispositive of the EPA's ultimate
action on the SIP.

    Authority: 42 U.S.C. 7401-767Iq.

    Dated: May 23, 2014.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2014-12604 Filed 5-29-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Page 949]
[FR Doc No: 2020-00168]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission Asset Management Advisory Committee
(``AMAC'') will hold a public meeting on Tuesday, January 14, 2020 at
9:00 a.m.

PLACE:  The meeting will be held in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE, Washington, DC.

STATUS:  The meeting will begin at 9:00 a.m. and will be open to the
public. Seating will be on a first-come, first-served basis. Doors will
open at 8:30 a.m. Visitors will be subject to security checks. The
meeting will be webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED:  On December 30, 2019, the Commission
published notice of the Committee meeting (Release No. 34-87835),
indicating that the meeting is open to the public and inviting the
public to submit written comments to the Committee. This Sunshine Act
notice is being issued because a majority of the Commission may attend
the meeting.
    The meeting will include a discussion of various aspects of the
asset management industry as well as administrative items.

CONTACT PERSON FOR MORE INFORMATION:  For further information, please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: January 6, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-00168 Filed 1-6-20; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86425-86429]
[FR Doc No: 2023-27259]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99102; File No. SR-NASDAQ-2023-051]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Options 4A To Adopt Monthly Options Series

December 7, 2023.
    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 November 29, 2023, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') 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
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.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the Rules at Options 4A (Options
Index Rules) to adopt Monthly Options Series.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Options 4A (Options Index Rules),
identical to the rules recently approved for Cboe Exchange, Inc.
(``Cboe''),\3\ to accommodate the listing of option series that would
expire at the close of business on the last business day of a calendar
month (``Monthly Options Series''). Cboe's recently approved rule
change \4\ introduces Monthly Options Series for indexes and exchange-
traded funds (``ETFs''). This rule change proposes to adopt Monthly
Options Series for indexes in Options 4A. Nasdaq ISE, LLC (``ISE'')
will separately file a rule change to proposes to adopt Monthly Options
Series for ETFs in ISE Options 4. The Exchange's Options 4 rules, which
govern the ability to transact options on ETFs, incorporate ISE Options
4 by reference.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 98915 (November 13,
2023), 88 FR 80356 (November 17, 2023) (SR-Cboe-2023-049) (``Cboe
Approval Order'').
    \4\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to define ``Monthly Options Series'' in
Options 4A, Section 2(l) to mean a series in an options class that is
approved for listing and trading on the Exchange in which the series is
opened for trading on any business day and that expires at the close of
business on the last business day of a calendar month. The Exchange
proposes to re-letter the subsequent definitions in Options 4A, Section
2.\5\
---------------------------------------------------------------------------

    \5\ The Exchange also proposes to fix an incorrect cross cite to
the definition of broad-based index in Options 4A, Section 3(b)(1).
---------------------------------------------------------------------------

    Pursuant to proposed Options 4A, Section 12(i)(1)(A), the Exchange
may list Monthly Options Series for up to five currently listed option
classes that are index options or options on ETFs.\6\ In addition, the
Exchange may also list Monthly Options Series on any options classes
that are selected by other securities exchanges that employ a similar
program under their respective rules.\7\ The Exchange may list 12
expirations for Monthly Options Series. Monthly Options Series need not
be for consecutive months; however, the expiration date of a
nonconsecutive expiration may not be beyond what would be considered
the last expiration date if the maximum number of expirations were
listed consecutively.\8\ Other expirations in the same class are not
counted as part of the maximum numbers of Monthly Options Series
expirations for a class.\9\ Monthly Options Series will be P.M.-
settled.\10\
---------------------------------------------------------------------------

    \6\ As provided in the proposed Options 4A, Section 12(i)(1)(A),
the Exchange may list Monthly Options Series for up to five
currently listed option classes that are index options or options on
ETFs; the five Monthly Options Series include both index options and
ETF options in the aggregate.
    \7\ See Cboe Approval Order.
    \8\ The Exchange notes this provision considers consecutive
monthly listings. In other words, as other expirations (such as
Quarterly Options Series) are not counted as part of the maximum,
those expirations would not be considered when considering when the
last expiration date would be if the maximum number were listed
consecutively. For example, if it is January 2024 and the Exchange
lists Quarterly Options Series in class ABC with expirations in
March, June, September, December, and the following March, the
Exchange could also list Monthly Options Series in class ABC with
expirations in January, February, April, May, July, August, October,
and November 2024 and January and February of 2025. This is because,
if Quarterly Options Series, for example, were counted, the Exchange
would otherwise never be able to list the maximum number of Monthly
Options Series. This is consistent with the listing provisions for
Quarterly Options Series, which permit calendar quarter expirations.
The need to list series with the same expiration in the current
calendar year and the following calendar year (whether Monthly or
Quarterly expiration) is to allow market participants to execute
one-year strategies pursuant to which they may roll their exposures
in the longer-dated options (e.g., January 2025) prior to the
expiration of the nearer-dated option (e.g., January 2024).
    \9\ See proposed Options 4A, Section 12(i)(1)(B).
    \10\ See proposed Options 4A, Section 12(i)(1)(C).
---------------------------------------------------------------------------

    The strike price of each Monthly Options Series will be fixed at a
price per share, with at least two, but no more than five, strike
prices above and at least two, but no more than five, strike prices
below the value of the underlying index or price of the underlying
security at about the time that a Monthly Options Series is opened for
trading on the Exchange. The Exchange will list strike prices for
Monthly Options Series that are reasonably related to the current price
of the underlying security or current index value of the underlying
index to which such series relates at about the time such series of
options is first opened for trading on the Exchange. The term
``reasonably related

to the current price of the underlying security or index value of the
underlying index'' means that the exercise price is within 30% of the
current underlying security price or index value.\11\ Additional
Monthly Options Series of the same class may be open for trading on the
Exchange when the Exchange deems it necessary to maintain an orderly
market, to meet customer demand, or when the market price of the
underlying security moves substantially from the initial exercise price
or prices. To the extent that any additional strike prices are listed
by the Exchange, such additional strike prices will be within 30% above
or below the closing price of the underlying index or security on the
preceding day. The Exchange may also open additional strike prices of
Monthly Options Series that are more than 30% above or below the
current price of the underlying security, provided that demonstrated
customer interest exists for such series, as expressed by
institutional, corporate, or individual customers or their brokers.
Market Makers trading for their own account will not be considered when
determining customer interest under this provision. The opening of the
new Monthly Options Series will not affect the series of options of the
same class previously opened.\12\ The interval between strike prices on
Monthly Options Series will be the same as the interval for strike
prices for series in that same options class that expire in accordance
with the normal monthly expiration cycle.\13\
---------------------------------------------------------------------------

    \11\ See proposed Options 4A, Section 12(i)(1)(D). The Exchange
notes this proposed provision is consistent with the initial series
provision for the Quarterly Options Series program in Options 4A,
Section 12(g).
    \12\ See proposed Options 4A, Section 12(i)(1)(E).
    \13\ See proposed Options 4A, Section 12(i)(1)(F) (permissible
strike prices for index options).
---------------------------------------------------------------------------

    By definition, Monthly Options Series can never expire in the same
week as a standard expiration series (which expire on the third Friday
of a month) in the same class expires. The same, however, is not the
case with regards to Short Term Option Series \14\ or Quarterly Options
Series. Therefore, to avoid any confusion in the marketplace, the
Exchange proposes to amend Options 4A, Section 12(h)(1)(B) to provide
the Exchange will not list a Short Term Option Series in a class on a
date on which a Monthly Options Series or Quarterly Options Series
expires.\15\ Similarly, proposed Options 4A, Section 12(i)(1)(B)
provide that no Monthly Options Series may expire on a date that
coincides with an expiration date of a Quarterly Options Series in the
same index or ETF class. In other words, the Exchange will not list a
Short Term Option Series on an index if a Monthly Options Series on
that index were to expire on the same date, nor will the Exchange list
a Monthly Options Series on an index if a Quarterly Options Series on
that index were to expire on the same date to prevent the listing of
series with concurrent expirations.\16\
---------------------------------------------------------------------------

    \14\ The Exchange proposes non-substantive changes to clarify in
Options 4A, Section 12(a)(3) that index options have expiration
months and weeks, and that index options contracts may expire at
three (3)-month intervals, in consecutive months or in consecutive
weeks (as specified by class in Options 4A, Section 12). This is
merely a clarification, as Options 4A, Section 12(h) currently
permits weekly expirations.
    \15\ The Exchange also proposes to make non-substantive changes
to Options 4A, Section 12(h)(1) and Options 4A, Section 12(h)(1)(B)
to reference standard options series and change current references
to ``monthly options series'' to ``standard expiration options
series'' (i.e., series that expire on the third Friday of a month),
to eliminate potential confusion. The current references to
``monthly options series'' are intended to refer to those series
that expire on the third Friday of a month, which are generally
referred to in the industry as standard expirations.
    \16\ The Exchange notes this would not prevent the Exchange from
listing a P.M.-settled Monthly Options Series on an index with the
same expiration date as an A.M.-settled Short Term Option Series on
the same index, both of which may expire on a Friday. In other
words, the Exchange may list a P.M-settled Monthly Options Series on
an index concurrent with an A.M.-settled Short Term Option Series on
that index and both of which expire on a Friday. The Exchange
believes this concurrent listing would provide investors with yet
another hedging mechanism and is reasonable given these series would
not be identical (unlike if they were both P.M-settled).
---------------------------------------------------------------------------

    With respect to Monthly Options Series added pursuant to proposed
Options 4A, Section 12(i)(1)(A) through (F), the Exchange will, on a
monthly basis, review series that are outside a range of five strikes
above and five strikes below the current price of the underlying index
or security, and delist series with no open interest in both the put
and the call series having a: (i) strike higher than the highest strike
price with open interest in the put and/or call series for a given
expiration month; and (ii) strike lower than the lowest strike price
with open interest in the put and/or call series for a given expiration
month pursuant to Options 4A, Section 12(i)(1)(G)(i). Notwithstanding
this delisting policy, customer requests to add strikes and/or maintain
strikes in Monthly Options Series in series eligible for delisting will
be granted. In connection with this delisting policy, if the Exchange
identifies series for delisting, the Exchange will notify other options
exchanges with similar delisting policies regarding eligible series for
delisting and will work with such other exchanges to develop a uniform
list of series to be delisted, so as to ensure uniform series delisting
of multiply listed Monthly Options Series.\17\
---------------------------------------------------------------------------

    \17\ See Options 4A, Section 12(i)(1)(G)(iii).
---------------------------------------------------------------------------

    The Exchange believes that Monthly Options Series will provide
investors with another flexible and valuable tool to manage risk
exposure, minimize capital outlays, and be more responsive to the
timing of events affecting the securities that underlie option
contracts. The Exchange believes limiting Monthly Options Series to
five classes will ensure the addition of these new series will have a
negligible impact on the Exchange's and the Options Price Reporting
Authority's (``OPRA's'') quoting capacity. The Exchange represents it
has the necessary systems capacity to support new options series that
will result from the introduction of Monthly Options Series.
    The Exchange notes that Options 4A, Section 6 (Position Limits for
Broad-Based Index Options) and Options 4A, Section 7 (Position Limits
for Industry and Micro-Narrow Based Index Options) will apply to
Monthly Options Series. In Options 4A, Section 6(c) and Options 4A,
Section 7(c), Monthly Options Series will be aggregated with positions
in options contracts on the same underlying security or index.\18\ This
is consistent with how position (and exercise) limits are currently
imposed on series with other expirations (Short Term Option Series and
Quarterly Options Series). To that end, the Exchange proposes to make
this clear by adding a sentence to Options 4A, Sections 6(c) and 7(c)
that provides: ``Positions in Short Term Options Series, Monthly
Options Series and Quarterly Options Series shall be aggregated with
positions in options contracts of the same index.'' \19\ Therefore,
positions in options within class of index, regardless of their
expirations, would continue to be subject to existing position (and
exercise) limits. The Exchange believes this will address potential
manipulative schemes and adverse market impacts surrounding the use of
options.
---------------------------------------------------------------------------

    \18\ Pursuant to Options 4A, Section 10, exercise limits for
index option contracts shall be equivalent to the position limits
prescribed for options contracts with the nearest expiration date in
Options 4A, Section 6 or Section 7.
    \19\ This additional rule text will further clarify the current
rule text for the existing Short Term Option Series and Quarterly
Options Series programs in Options 4A, Section 12.
---------------------------------------------------------------------------

    The Exchange also represents its current surveillance programs will
apply to Monthly Options Series and will properly monitor trading in
the proposed Monthly Options Series. The Exchange currently lists
Quarterly Options Series in certain index and ETF

classes, which expire at the close of business at the end of four
calendar months (i.e., the end of each calendar quarter), and has not
experienced any market disruptions nor issues with capacity. The
Exchange's surveillance programs currently in place to support and
properly monitor trading in these Quarterly Options Series, as well as
Short Term Option Series and standard expiration series, will apply to
the proposed Monthly Options Series. The Exchange believes its
surveillances continue to be designed to deter and detect violations of
its Rules, including position and exercise limits and possible
manipulative behavior, and these surveillances will apply to Monthly
Options Series that the Exchange determines to list for trading.
Ultimately, the Exchange does not believe the proposed rule change
raises any unique regulatory concerns because existing safeguards--such
as position and exercise limits (and the aggregation of options
overlying the same index) and reporting requirements--would continue to
apply.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\20\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \21\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \22\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the introduction of Monthly
Options Series will remove impediments to and perfect the mechanism of
a free and open market and a national market system by expanding
hedging tools available to market participants. The Exchange believes
the proposed monthly expirations will allow market participants to
transact in the index options listed pursuant to the proposed rule
change based on their timing as needed and allow them to tailor their
investment and hedging needs more effectively. Further, the Exchange
believes the availability of Monthly Options Series would protect
investors and the public interest by providing investors with more
flexibility to closely tailor their investment and hedging decisions in
these options, thus allowing them to better manage their risk exposure.
    The Exchange believes the Quarterly Options Series Program has been
successful to date and the proposed Monthly Options Series program
simply expands the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
at months' ends in the same way the Quarterly Options Series Program
has expanded the landscape of hedging for quarter-end news. Monthly
Options Series will also complement Short Term Option Series, which
allow investors to hedge risk against events that occur throughout a
month. The Exchange believes the availability of additional expirations
should create greater trading and hedging opportunities for investors,
as well as provide investors with the ability to tailor their
investment objectives more effectively.
    The Exchange notes that the proposed terms of Monthly Options
Series, including the limitation to five index and ETF option classes,
are substantively the same as the current terms of Quarterly Options
Series.\23\ Quarterly Options Series expire on the last business day of
a calendar quarter, which is the last business day of every third
month. The proposed Monthly Options Series would fill the gaps between
Quarterly Options Series expirations by permitting series to expire on
the last business day of every month, rather than every third month.
The proposed Monthly Options Series may be listed in accordance with
the same terms as Quarterly Options Series, including permissible
strikes. As is the case with Quarterly Options Series, no Short Term
Option Series may expire on the same day as a Monthly Options Series.
Similarly, as proposed, no Monthly Options Series may expire on the
same day as a Quarterly Options Series. The Exchange believes
preventing listing series with concurrent expirations in a class will
eliminate potential investors confusion and thus protect investors and
the public interest. Given that the Quarterly Options Series the
Exchange currently lists are essentially Monthly Options Series that
can expire at the end of only certain calendar months, the Exchange
believes it is reasonable to list Monthly Options Series in accordance
with the same terms, as it will promote just and equitable principles
of trade. The Exchange believes limiting Monthly Options Series to five
classes will ensure the addition of these new series will have a
negligible impact on the Exchange's and OPRA's quoting capacity. The
Exchange represents it has the necessary systems capacity to support
new options series that will result from the introduction of Monthly
Options Series.
---------------------------------------------------------------------------

    \23\ Compare proposed Options 4A, Section 12(i) to Options 4A,
Section 12(g).
---------------------------------------------------------------------------

    The Exchange further believes the proposed rule change regarding
the treatment of Monthly Options Series with respect to determining
compliance with position and exercise limits is designed to prevent
fraudulent and manipulative acts and practices and promote just and
equitable principles of trade. Monthly Options Series will be
aggregated with options overlying the same index for purposes of
compliance with position (and exercise) limits, which is consistent
with how position (and exercise) limits are currently imposed on series
with other expirations (Short Term Option Series, and Quarterly Options
Series).\24\ Therefore, options positions within index option classes
for which Monthly Options Series are listed, regardless of their
expirations, would continue to be subject to existing position (and
exercise) limits. The Exchange believes this will address potential
manipulative schemes and adverse market impacts surrounding the use of
options. The Exchange also represents its current surveillance programs
will apply to Monthly Options Series and will properly monitor trading
in the proposed Monthly Options Series. The Exchange currently trades
Quarterly Options Series in certain index classes, which expire at the
close of business at the end of four calendar months (i.e., the end of
each calendar quarter), and has not experienced any market disruptions
nor issues with capacity. The

Exchange's surveillance programs currently in place to support and
properly monitor trading in these Quarterly Options Series, as well as
Short Term Option Series and standard expiration series, will apply to
the proposed Monthly Options Series. The Exchange believes its
surveillances continue to be designed to deter and detect violations of
its Rules, including position and exercise limits and possible
manipulative behavior, and these surveillances will apply to Monthly
Options Series that the Exchange determines to list for trading.
Ultimately, the Exchange does not believe the proposed rule change
raises any unique regulatory concerns because existing safeguards--such
as position and exercise limits (and the aggregation of options
overlying the same index) and reporting requirements--would continue to
apply.
---------------------------------------------------------------------------

    \24\ See Cboe Approval Order; see also Options 4A, Section 6
regarding position limits for broad-based index options and Options
4A, Section 7, Position Limits for Industry and Micro-Narrow Based
Index Options. Pursuant to Options 4A, Section 10, exercise limits
for index option contracts shall be equivalent to the position
limits prescribed for options contracts with the nearest expiration
date in Options 4A, Section 6 or Section 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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed rule change to list Monthly Options Series will impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act, as any Monthly Options
Series the Exchange lists for trading will be available in the same
manner for all market participants who wish to trade such options. The
Exchange notes the proposed terms of Monthly Options Series, including
the limitation to five index and ETF option classes, are substantively
the same as the current terms of Quarterly Options Series.\25\
Quarterly Options Series expire on the last business day of a calendar
quarter, which is the last business day of every third month, making
the concept of Monthly Options Series in a limited number of index
options not novel. The proposed Monthly Options Series will fill the
gaps between Quarterly Options Series expirations by permitting series
to expire on the last business day of every month, rather than every
third month. The proposed Monthly Options Series may be listed in
accordance with the same terms as Quarterly Options Series, including
permissible strikes.\26\ Monthly Options Series will trade on the
Exchange in the same manner as other options in the same class.
---------------------------------------------------------------------------

    \25\ See supra note 23.
    \26\ See supra note 11.
---------------------------------------------------------------------------

    The Exchange does not believe the proposed rule change to list
Monthly Options Series will impose any burden on intermarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act, as nothing prevents other options exchanges from
proposing similar rules.\27\ As discussed above, the proposed rule
change would permit listing of Monthly Options Series in five index and
ETF options, as well as any other classes that other exchanges may list
under similar programs. To the extent that the availability of Monthly
Options Series makes the Exchange a more attractive marketplace to
market participants at other exchanges, market participants are free to
elect to become market participants on the Exchange.
---------------------------------------------------------------------------

    \27\ See Cboe Approval Order.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change may relieve any
burden on, or otherwise promote, competition. Similar to Short Term
Option Series and Quarterly Options Series, the Exchange believes the
introduction of Monthly Options Series will not impose an undue burden
on competition. The Exchange believes that it will, among other things,
expand hedging tools available to market participants. The Exchange
believes Monthly Options Series will allow market participants to
purchase options based on their timing as needed and allow them to
tailor their investment and hedging needs more effectively.
    The Exchange does not believe the proposed rule change regarding
aggregation of positions for purposes of determining compliance with
position (and exercise) limits will impose any burden on intramarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act, because it will apply in the same manner to all
market participants. The Exchange proposes to apply position (and
exercise) limits to Monthly Options Series in the same manner it
applies position limits to series with other expirations (Short Term
Option Series and Quarterly Options Series). Therefore, positions in
options in a class of index options, regardless of their expirations,
would continue to be subject to existing position (and exercise)
limits. Additionally, the Exchange does not believe this proposed rule
change will impose any burden on intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act,
because it will address potential manipulative schemes and adverse
market impacts surrounding the use of options.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \28\ and Rule 19b-4(f)(6) thereunder.\29\
Because the foregoing proposed rule change does not: (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A)(iii) of the Act \30\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\31\
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    \28\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \29\ 17 CFR 240.19b-4(f)(6).
    \30\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \31\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \32\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \33\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the Exchange may list Monthly Options Series immediately, which
the Exchange believes will benefit investors by promoting competition
in Monthly Options Series. The Exchange notes that its proposal is
substantively identical to the proposal submitted by Cboe for its
Monthly Options Series program.\34\ The Commission believes that the
proposed rule change presents no novel issues and that waiver of the
30-day operative delay is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
operative delay and

designates the proposed rule change operative upon filing.\35\
---------------------------------------------------------------------------

    \32\ 17 CFR 240.19b-4(f)(6).
    \33\ 17 CFR 240.19b-4(f)(6)(iii).
    \34\ See Cboe Approval Order, supra note 3.
    \35\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NASDAQ-2023-051 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-NASDAQ-2023-051. 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 (https://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
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. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NASDAQ-2023-051 and should
be submitted on or before January 3, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27259 Filed 12-12-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46666-46667]
[FR Doc No: 2016-16900]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP16-3-000 and CP16-3-001]

Texas Eastern Transmission, LP; Notice of Schedule for
Environmental Review of the Access South, Adair Southwest, and Lebanon
Extension Projects

    On October 8, 2015, Texas Eastern Transmission, LP (Texas Eastern)
filed an application requesting a Certificate of Public Convenience and
Necessity pursuant to Section 7(c) of the Natural Gas Act to construct,
operate, and maintain pipeline loops, install additional compression,
and allow for reverse flow capabilities. The proposed projects, known
as Access South, Adair Southwest, and the Lebanon Extension Projects
would enable Texas Eastern to transport up to an additional 622,000
dekatherms per day of natural gas on its mainline system from
Uniontown, Pennsylvania to points in Ohio, Kentucky, and Mississippi.
    On October 22, 2015, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the projects.
Among

other things, the Notice of Application alerted agencies issuing
federal authorizations of the requirement to complete all necessary
reviews and to reach a final decision on a request for a federal
authorization within 90 days of the date of issuance of the Commission
staff's Environmental Assessment (EA) for the projects. This instant
notice identifies the FERC staff's planned schedule for the completion
of the EA for the projects.

Schedule for Environmental Review

    Issuance of EA--August 8, 2016
    90-day Federal Authorization Decision Deadline--November 6, 2016

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
projects' progress.

Project Description

    The projects would include (1) construction and maintenance of
approximately 15.8 miles of 36-inch-diameter pipeline at three
locations in Meigs and Monroe Counties, Ohio and 0.5 mile of 16-inch-
diameter replacement pipeline within its existing right-of-way in
Attala County, Mississippi; (2) installation of a new 16,875 horsepower
compressor unit at an existing compressor station in Tompkinsville,
Kentucky; and (3) modification of 12 existing compressor stations to
allow for reverse flow capabilities in Pennsylvania, Ohio, Kentucky,
Tennessee, Alabama, and Mississippi.

Background

    On August 11, 2015, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Planned Access South, Adair
Southwest, and the Lebanon Extension Projects and Request for Comments
on Environmental Issues (NOI). The NOI was issued during the pre-filing
review of the projects in Docket No. PF15-17-000 and was sent to
affected landowners; federal, state, and local government agencies;
elected officials; environmental and public interest groups; Native
American tribes; other interested parties; and local libraries and
newspapers.
    In response to the NOI, the Commission received environmental
comments from the Ohio Department of Natural Resources, the U.S. Fish
and Wildlife Service, the U.S. Army Corps of Engineers, a landowner,
and combined comments from the Allegheny Defense Project, Buckeye
Forest Council, Center for Biological Diversity, Freshwater
Accountability Project, Heartwood, Kentucky Heartwood, and the Ohio
Valley Environmental Coalition. The primary issues raised by the
commentors included location of pipeline on an affected landowner's
property; federally-listed threatened and endangered species; state-
listed endangered species; migratory birds; permitting requirements;
minimization and avoidance of impacts on streams and wetlands; direct,
indirect and cumulative project impacts; connected actions; forest
fragmentation; and noise.
    On May 17, 2016, the Commission issued a Supplemental Notice of
Intent to Prepare an Environmental Assessment for the Proposed Access
South, Adair Southwest, and the Lebanon Extension Projects and Request
for Comments on Environmental Issues (Supplemental NOI). The
Supplemental NOI was sent to landowners within one half mile of the
compressor stations who had not been included in Texas Eastern's
original landowner list. In response to the Supplemental NOI, we
received one comment from the U.S. Fish and Wildlife Service stating
that it had no comments on the projects.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP16-3), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.

    Dated: July 12, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-16900 Filed 7-15-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 29, 2007 (Volume 72, Number 167)]
[Notices]
[Page 49708-49709]
[DOCID:fr29au07-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

August 21, 2007.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC07-45-002.
    Applicants: Morgan Stanley.
    Description: Morgan Stanley responds to FERC's informal request
for information concerning the 12/29/06 Application for Blanket
Authorization to Acquire and Sell Securities.
    Filed Date: August 15, 2007.
    Accession Number: 20070821-0155.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 29, 2007.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER98-4109-002.
    Applicants: El Dorado Energy, LLC.
    Description: El Dorado Energy, LLC submits an updated market
power analysis and revisions to its FERC Electric Tariff, Original
Volume 1.
    Filed Date: August 16, 2007.
    Accession Number: 20070820-0143.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 6,
2007.

    Docket Numbers: ER01-2508-003.
    Applicants: ENMAX Energy Marketing, Inc.
    Description: ENMAX Energy Marketing, Inc. submits its triennial
market power analysis update in support of the continuation of its
market-based rate authority.
    Filed Date: August 17, 2007.
    Accession Number: 20070821-0056.
    Comment Date: 5 p.m. Eastern Time on Friday, September 7, 2007.

    Docket Numbers: ER02-2263-008.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison submits a notice of
change in status.
    Filed Date: August 16, 2007.
    Accession Number: 20070820-0141.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 6,
2007.

    Docket Numbers: ER03-198-008.
    Applicants: Pacific Gas and Electric Company.
    Description: Amended Notice of Change in Status of Pacific Gas
and Electric Co.
    Filed Date: August 21, 2007.
    Accession Number: 20070821-5015.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11,
2007.

    Docket Numbers: ER07-799-003; EL07-61-002.
    Applicants: Norwalk Power LLC.
    Description: Norwalk Power, LLC submits its revised Reliability
Must-Run Agreement in compliance with FERC's 7/16/07 Order.
    Filed Date: August 15, 2007.
    Accession Number: 20070820-0027.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 5,
2007.

    Docket Numbers: ER07-1085-001.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Niagara Mohawk submits the non-redacted version of
the Fulton Cogen Agreement.
    Filed Date: August 17, 2007.
    Accession Number: 20070821-0057.
    Comment Date: 5 p.m. Eastern Time on Friday, September 7, 2007.

    Docket Numbers: ER07-1199-000.
    Applicants: Airtricity Munnsville Wind Farm, LLC.
    Description: Airtricity Munnsville Wind Farm, LLC submits an
errata to correct the inadvertent pagination of its initial rate
schedule FERC Electric Tariff Original Volume 1.
    Filed Date: August 16, 2007.
    Accession Number: 20070820-0063.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 28, 2007.

    Docket Numbers: ER07-1289-000.
    Applicants: ISO New England Inc.
    Description: Participating Transmission Owners submits proposed
revisions to the ISO New England Open Access Transmission Tariff and
the Transmission Operating Agreement.
    Filed Date: August 16, 2007.
    Accession Number: 20070820-0160.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 6,
2007.

    Docket Numbers: ER07-1290-000.
    Applicants: Mid-Continent Area Power Pool.
    Description: Mid-Continent Area Power Pool submits seventeen
non-conforming service agreements for reassignment of non-firm
transmission service and requests waiver of the Commission's filing
requirements.
    Filed Date: August 16, 2007.
    Accession Number: 20070820-0144.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 6,
2007.

    Docket Numbers: ER07-1291-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits revisions to its Open Access
Transmission Tariff, effective 7/13/07 pursuant to Order 890.
    Filed Date: August 17, 2007.
    Accession Number: 20070820-0148.
    Comment Date: 5 p.m. Eastern Time on Friday, September 7, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests

will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
[FR Doc. E7-16970 Filed 8-28-07; 8:45 am]

BILLING CODE 6717-01-P