[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Proposed Rules]
[Page 9987]
[FR Doc No: 2011-3992]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2003-0167; FRL-9270-2]

Protection of Stratospheric Ozone: Amendments to the Section 608
Leak Repair Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: EPA issued a proposed rule in the December 15, 2010, Federal
Register proposing changes to the leak repair regulations promulgated
under Section 608 of the Clean Air Act Amendments of 1990. In response
to stakeholder requests, this action reopens the public comment period
through March 25, 2011.

DATES: Comments, identified by docket ID number EPA-HQ-OAR-2003-0167,
must be received on or before March 25, 2011.

ADDRESSES: Submit your comments to docket EPA-HQ-OAR-2003-0167 by one
of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Environmental Protection Agency. EPA Docket Center (EPA/DC),
Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2003-0167, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
    Hand Delivery: Public Reading Room, Room 3334, EPA West Building,
1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0167. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption, and be free
of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available: e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
    Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ross Brennan, Stratospheric Protection
Division, Office of Atmospheric Programs; Environmental Protection
Agency, Mail Code 6205J, 1200 Pennsylvania Ave., NW., Washington, DC
20460; telephone number<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>More information about EPA's leak
repair requirements under Section 608, including a copy of the proposed
rule, is available at http://epa.gov/ozone/title6/608/leak.html.

SUPPLEMENTARY INFORMATION:

Background

    The statutory and regulatory background is described in detail in
the December 15, 2010, notice of proposed rulemaking (75 FR 78558). EPA
has proposed to lower the leak repair trigger rates for comfort
cooling, commercial refrigeration, and industrial process refrigeration
and air-conditioning equipment with refrigerant charges greater than 50
pounds of ozone-depleting substances. This action proposes to
streamline existing required practices and associated reporting and
recordkeeping requirements by establishing similar leak repair
requirements for owners or operators of comfort cooling, commercial
refrigeration, and industrial process refrigeration appliances. This
action also proposes to reduce the use and emissions of class I and
class II controlled substances (such as but not limited to CFC-11, CFC-
12, HCFC-123, and HCFC-22) by requiring verification and documentation
of all repairs, retrofit or retirement of appliances that cannot be
sufficiently repaired; replacement of appliance components that have a
history of failures; and recordkeeping of the determination of the full
charge and the fate of recovered refrigerant.

This Action

    EPA has received a request to provide additional time for public
comment on the proposed rule. We believe that the request is reasonable
and that a further 30 days for additional public comment is
appropriate, since it will provide affected entities with necessary
time to complete analysis and comment on the proposal. This action
therefore reopens the comment period for 30 days. We intend to issue a
final rule as expeditiously as possible following consideration of the
comments and information we receive.

    Dated: February 16, 2011.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2011-3992 Filed 2-22-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10332-10336]
[DOCID:fr05mr10-144]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61592; File No. SR-BATS-2010-002]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by BATS Exchange, Inc. to Offer Certain BATS Exchange Data
Products

February 25, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on February 2, 2010, BATS Exchange, Inc. (``BATS'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. On February 22, 2010, BATS filed Amendment No. 1 to the
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange has filed a proposed rule change to offer certain new
Exchange data products to Exchange Members \3\ and other market data
recipients. In connection with such data products, the Exchange is
proposing to amend the fee schedule applicable to Members and non-
members of the Exchange pursuant to BATS Rules 15.1(a) and (c). The
Exchange will implement the proposed rule change on the first day of
the month immediately following Commission approval (or on the date of
approval, if on the first business day of a month).
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    \3\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these

statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to begin offering three
new data products containing Exchange data. Specifically, the Exchange
proposes to offer a new Last Sale Feed, Historical Data Products, and a
data product called BATS Market Insight. The Exchange currently offers
its data products to Members and other data recipients free of
charge.\4\
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    \4\ The Exchange currently offers various data feeds free of
charge, including, but not limited to, TCP PITCH, Multicast PITCH,
and TCP FAST PITCH, which are depth of book data feeds containing
real-time quotation and transaction data from the Exchange; TCP
DROP, which contains order execution and other information (e.g.,
modifications and cancellations) specific to the Exchange activity
of one or more Users; and TCP TOP, which contains real-time top of
book quotation and transaction information from the Exchange.
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BATS Last Sale Feed
    First, the Exchange is proposing to begin offering a new feed, the
BATS Last Sale Feed, to Members and non-members. The BATS Last Sale
Feed will be a direct data feed product that provides real-time,
intraday trade information, including price, volume and time of
executions. The BATS Last Sale Feed will not include quotation
information.
    Currently, the Exchange provides real-time last sale information
from its market center to the Security Information Processors
(``SIPs'') for the national market system plans governing trading in
NYSE listed securities (``Tape A securities''), NASDAQ listed
securities (``Tape C securities''), and securities listed on exchanges
other than NYSE or NASDAQ (``Tape B securities''). The SIPs then
consolidate the Exchange's last sale information with similar
information from other market centers, and disseminate the consolidated
last sale data to market participants, including market data vendors.
The BATS Last Sale Feed will include last sale information regarding
all Tape A, B and C securities with respect to activity occurring
solely on the Exchange.
    Various data recipients may wish to subscribe to and use the BATS
Last Sale Feed. For instance, data recipients that provide real-time
market information on public Web sites or offer dynamic stock tickers,
portfolio trackers, price/time graphs and other visual systems can use
the Last Sale Feed in lieu of using the Exchange's existing data feeds.
Such data recipients may prefer the BATS Last Sale Feed because the
Exchange's existing data feeds contain a significant amount of
additional information that such data recipients may not need, which
may result in unnecessary technology costs (e.g., development,
telecommunications or storage costs). The Exchange notes that similar
market-specific last sale data products are offered by other market
centers or will likely be offered in the near future.\5\
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    \5\ See NASDAQ Rule 7039; Release No. 34-59598 (March 18, 2009),
74 FR 12919 (March 25, 2009) (File No. SR-NYSEArca-2009-05) (order
approving proposed rule change to establish fees for a NYSE Arca
data service, including a last sale product); see also Release No.
34-61112 (December 4, 2009), 74 FR 65569 (December 10, 2009) (File
No. SR-BX-2009-077) (filing of an immediately effective rule related
to introduction of a last sale feed by NASDAQ OMX BX).
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    No market participant is required to subscribe to the BATS Last
Sale Feed because the same last sale prices are available in the
Exchange's other data feeds.\6\ Market participants can also gain
access to BATS last sale prices that are integrated with the prices
that other markets make available through the SIPs. Indeed, even though
the BATS Last Sale Feed may provide to some participants an efficient
alternative to the consolidated price information that investors and
broker-dealers can receive on a consolidated basis from the SIPs, the
Exchange believes that the information that the Exchange contributes to
the consolidated tape and the increasingly lower latency of the data
feeds offered by the SIPs will continue to satisfy the needs of the
vast majority of individual and professional investors. Although
certain data recipients might supplement their data feeds by adding the
BATS Last Sale Feed, it is unlikely that data recipients or
distributors will replace the consolidated last sale feed provided by
the SIPs with the BATS Last Sale Feed. The Exchange represents that it
will not distribute its last sale feed on a more timely basis than it
makes available the data that is provided to the SIPs for consolidation
and dissemination.
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    \6\ See supra, note 4.
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    The proposed cost of the BATS Last Sale Feed is $5,000 per month
for any data recipient that chooses to receive the data feed for
internal use only. For data recipients that wish to redistribute the
BATS Last Sale Feed, the Exchange will not require such recipients to
count, classify (e.g., professional or non-professional) or report to
the Exchange information regarding the customers to which they provide
the data. Instead, the Exchange proposes a flat fee of $25,000 per
month for any data recipient that wishes to redistribute the BATS Last
Sale Feed externally. End users will not have to pay the Exchange for
the BATS Last Sale Feed or enter into contracts with the Exchange. The
Exchange believes that the proposed pricing model is simple and easy
for data recipients to comply with, and thus, will result in a minimal
additional administrative burden for data recipients with respect to
the BATS Last Sale Feed. Rule 603(a)(2) of Regulation NMS \7\ requires
markets to distribute market data ``on terms that are not unreasonably
discriminatory.'' Regardless of a data recipient's reasons for
subscribing to the BATS Last Sale Feed, the fee for such feed applies
equally to all data recipients that wish to use the feed for internal
use only and equally to all data recipients that wish to redistribute
the feed. Accordingly, the Exchange believes its proposal satisfies
Rule 603(a)(2) of Regulation NMS.\8\
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    \7\ 17 CFR 603(a)(2).
    \8\ Id.
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BATS Historical Data Products
    Second, the Exchange proposes to begin providing historical data to
data recipients upon request for a fee. The Exchange currently provides
historical data upon request on an ad hoc basis, but proposes to begin
charging a fee due to the infrastructure costs of storing and providing
such data. Similar to what it does today, the Exchange proposes to
provide a data recipient with the requested historical data on an
external hard drive provided by the Exchange. As an alternative means
to obtain historical data, the Exchange will provide market
participants with access to a database from which they can download
data that is up to 3 months old. As proposed, the Exchange will offer
the following three products through either of these distribution
methods: (1) Historical top of book data from the Exchange's TOP data
feed (``Historical TOP Data''), (2) historical data from the Exchange's
PITCH data feed (``Historical PITCH Data''), and (3) historical
transaction data from the Exchange's Last Sale Feed (``Historical Last
Sale Data''). BATS Historical TOP Data, BATS Historical PITCH Data and
BATS Historical Last Sale Data will be provided to data recipients for
internal use only, and thus, no redistribution will be permitted.
    Historical data provided by the Exchange can be used for a variety
of purposes. For instance, data recipients

that wish to back-test certain trading strategies can use Historical
PITCH or Historical TOP Data for such purpose. As another example, data
recipients that provide market information through public websites or
develop dynamic stock tickers, portfolio trackers, price/time graphs
and other visual systems can use Historical Last Sale data for such
purposes. The Exchange notes that similar historical data products are
offered by other market centers.\9\ The proposed cost of user-
accessible BATS Historical TOP Data, BATS Historical PITCH Data or BATS
Historical Last Sale Data is $500 per month of data accessed by any
individual user. The Exchange's databases will contain up to 90 days of
data at any point in time. For data that the Exchange provides on an
external hard drive to a market participant the proposed cost is $2,500
per 1 terabyte (TB) drive generated by the Exchange. Each of the
proposed costs set forth above applies per data product. For instance,
an individual user that obtained access to BATS Historical Top Data
would pay $500 for access to a particular month's data, and if that
user also wanted access to BATS Historical Last Sale Data, the
individual user would need to pay another $500 for such access.
Similarly, a market participant would pay $2,500 for an external hard
drive containing BATS Historical TOP Data that fits on a 1 TB drive
(internal use only); such participant would have to pay separately for
a 1 TB drive containing BATS Historical Last Sale Data or BATS
Historical PITCH Data.
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    \9\ See NASDAQ Rule 7022; see also http://www.nyxdata.com for
information regarding NYSE OpenBook History and ArcaBook FTP,
historical data products offered by the NYSE and NYSE Arca,
respectively.
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BATS Market Insight
    Finally, the Exchange proposes to begin offering data that can be
used to analyze the depth of liquidity of the Exchange's book,
including reserve and hidden interest on a historical basis. This data,
referred to by the Exchange as BATS Market Insight, will provide a
market participant with information regarding the depth of the market
at the Exchange in minute increments. Data will become available for
access by market participants 10 days following each trade date (T +
10) and will be available for 30 days. Specifically, a participant
using BATS Market Insight will be able to obtain data regarding total
order interest, displayed order interest and hidden order interest at
each price point in specific Tape A, B and C securities traded on the
Exchange. BATS Market Insight will be provided to data recipients for
internal use only, and thus, no redistribution will be permitted. BATS
Market Insight can be used by market participants to improve their
trading and order routing strategies. The Exchange notes that a similar
market data product is offered by NASDAQ.\10\
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    \10\ See NASDAQ Rule 7023(d).
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    The proposed cost for access to BATS Market Insight is $1,000 per
user per month.
Additional Discussion Regarding Proposed Data Products
    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data products to the public. The Commission
believed this authority would expand the amount of data available to
consumers, and also spur innovation and competition for the provision
of market data. The data products proposed herein appear to be
precisely the sort of market data product that the Commission
envisioned when it adopted Regulation NMS. The BATS Last Sale Feed will
offer BATS-specific data in a new form not previously available to
market data consumers, in a manner similar to that provided by other
markets. The Historical Data Products proposed by the Exchange will
allow market participants to purchase useful historical data from the
Exchange while at the same time enabling the Exchange to better cover
its infrastructure costs and to improve its market technology and
services. Finally, BATS Market Insight will enable market participants
to conduct BATS-specific analysis to meet their needs.
    The bases under the Act for the proposed rule change are: (1) The
requirement under Section 6(b)(4) \11\ that an exchange have rules that
provide for the equitable allocation of reasonable dues, fees and other
charges among its members and other persons using its facilities; and
(2) the requirement under Section 6(b)(5) \12\ that the rules of an
exchange be designed to promote just and equitable principles of trade
and not to permit unfair discrimination between customers, issuers,
brokers or dealers.
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    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
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    In its recent ``Order Setting Aside Action by Delegated Authority
and Approving Proposed Rule Change Relating to NYSE Arca Data'' (the
``NYSE ArcaBook Approval Order''),\13\ the Commission reiterated its
position from its release approving Regulation NMS that it should
``allow market forces, rather than regulatory requirements, to
determine what, if any, additional quotations outside the NBBO are
displayed to investors.'' \14\
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    \13\ See Release No. 34-59039 (December 2, 2008), 73 FR 74770
(December 9, 2008) (File No. SR-NYSE Arca-2006-21).
    \14\ See Release No. 34-51808 (June 9, 2005), 70 FR at 37566-
37567 (June 29, 2005) (File No. S7-10-04) (the ``Regulation NMS
Release'').
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    The Exchange and its market data products are subject to
significant competitive forces and the proposed fees represent
responses to that competition. To start, the Exchange competes
intensely for order flow. It competes with the other national
securities exchanges that currently trade equities, with electronic
communication networks, with quotes posted in FINRA's Alternative
Display Facility, with alternative trading systems, and with securities
firms that primarily trade as principal with their customer order flow.
    In addition, the proposed data products would compete with a number
of alternative products. For instance, the BATS Last Sale Feed does not
provide a complete picture of all trading activity in a security.
Rather, the other national securities exchanges, the several Trade
Reporting Facilities of FINRA, and ECNs that produce proprietary data
all produce trades and trade reports. Each is currently permitted to
produce last sale information products, and many currently do,
including Nasdaq and NYSE. In addition, market participants can gain
access to BATS last sale prices through free data feeds provided by the
Exchange or integrated with the prices of other markets on feeds made
available through the SIPs. With respect to BATS Market Insight, the
Exchange is proposing to offer a product that, while specific to the
Exchange's data, is similar to a product offered by Nasdaq with respect
to executions on Nasdaq. Furthermore, a market participant could gain
access to the same information provided through the proposed BATS
Market Insight product through a combination of: (1) Existing, free
data feeds from the Exchange (for displayed trading interest), and (2)
information gathered by the market participant through its trading
activities on the Exchange and/or through the consolidated data
published by the SIPs reporting executions that occurred on the
Exchange (for non-displayed trading interest).
    In setting the level of the proposed data product fees, the
Exchange took into consideration several factors, including:

    (1) Consultation with some of the entities that the Exchange
anticipates will be the most likely to take advantage of the products;
    (2) the contribution of market data revenues that the Exchange
believes is appropriate for vendors and other entities that provide
market data to the investing public;
    (3) the contribution that revenues accruing from the proposed fees
will make to meeting the overall costs of the Exchange's operations;
    (4) investors', broker-dealers' and data vendors' access to the
Exchange's last sale prices through existing data feeds; and
    (5) the fact that the proposed fees provide an alternative to
existing Network A and Network B fees under the CTA Plan and to the
fees imposed under the Nasdaq/UTP Plan, alternatives that vendors will
purchase only if they determine that the perceived benefits outweigh
the cost.
    In the aftermath of the NYSE ArcaBook Approval Order, the Exchange
believes that the competition among exchanges for order flow and the
competition among exchanges for market data products subject the
proposed data product fees to significant competitive forces.
    In addition, the Exchange believes that no substantial
countervailing basis exists to support a finding that the fees fail to
meet the requirement of the Act.
    In sum, the availability of a variety of alternative sources of
information imposes significant competitive pressures on Exchange data
products and the Exchange's compelling need to attract order flow
imposes significant competitive pressure on the Exchange to act
equitably, fairly, and reasonably in setting the proposed data product
fees. The proposed data product fees are, in part, responses to that
pressure. The Exchange believes that the proposed fees would reflect an
equitable allocation of its overall costs to users of its facilities.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\15\ Specifically, the
Exchange believes that the proposed change is consistent with Section
6(b)(4) of the Act,\16\ because it provides an equitable allocation of
reasonable dues, fees, and other charges among its members and other
recipients of Exchange data. The Exchange believes that its proposed
fees for the data products described herein are reasonable in light of
the benefits to data recipients and the fact that the Exchange's
existing data feeds will continue to be provided free of charge. These
products are completely optional in that no consumer is required to
purchase any of them and only those consumers that deem such products
to be of sufficient overall value and usefulness will purchase them. To
the extent consumers do purchase the data products, the revenue
generated will offset the Exchange's fixed costs of operating and
regulating a highly efficient and reliable platform for the trading of
U.S. equities. It will also help the Exchange cover its costs in
developing and running that platform, as well as ongoing infrastructure
costs.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(4).
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    The Exchange also believes that the proposed change is consistent
with Section 6(b)(5) of the Act,\17\ which requires, among other
things, that the Exchange's rules are not designed to unfairly
discriminate between customers, issuers, brokers or dealers.
Specifically, the Exchange believes that the fees proposed for the new
data products are equitable in that they are optional and apply
uniformly to all data recipients irrespective of each recipient's
relationship to the Exchange (e.g., Member, non-Member data recipient,
etc.).
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    \17\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposal to introduce
certain new data products is designed to increase transparency and the
efficiency of executions by enabling data recipients to receive and use
Exchange data in new ways. As described above, there is significant
competition for the provision of market data to broker-dealers and
other market data consumers, as well as competition for the orders that
generate the data. In introducing the proposed data products, the
Exchange is providing products similar to data products offered by
other market centers.
    In proposing and adopting Regulation NMS, the Commission rescinded
the prior prohibition on SROs from disseminating their trade reports
independently,\18\ subjecting that distribution to the ``fair and
reasonable'' and ``not unreasonably discriminatory'' standards that
have historically governed the distribution of consolidated data.\19\
The Commission stated, ``Given that * * * SROs will continue to
transmit trades to the Networks pursuant to the Plans * * *, the
Commission believe [SIC] that SROs and their members also should be
free to distribute their trades independently.'' \20\
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    \18\ See Rule 601 of Regulation NMS.
    \19\ See Rule 603(b) of Regulation NMS.
    \20\ See Footnote 638 of Regulation NMS Release, supra note 13.
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    The Commission rescinded the prohibition in recognition of the fact
that competition in the realm of SRO trade-report distribution would
produce market forces and innovation that would benefit the investing
public. The NYSE ArcaBook Approval Order enforces this finding. By
means of the data products proposed herein, the Exchange would provide
vendors and broker-dealers with an alternative market data product and
fee structure that does not exist today, without altering or rescinding
any existing market data products. If they believe that the proposed
product and fee structure are useful and cost-effective to their
business model, they will embrace them. The only change to an existing
data product is that the Exchange will now, for the first time, charge
for the provision of historical data. The Exchange believes this charge
is reasonable, however, given the cost of both maintaining and
providing such data.
    Given the existence of alternative products containing BATS last
sale information, the fact that the Historical Data Products and BATS
Market Insight are consistent with products and information provided by
the Exchange's competitors and are purely optional sources of
information that can be used by data recipients that see value in such
information, the Exchange does not believe that the proposed data
products will result in 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
such proposed rule change, or (b) institute proceedings to determine
whether the proposed rule change should be 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, as amended, 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-BATS-2010-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2010-002. 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 Web site viewing and
printing in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BATS-2010-002 and should be submitted on or before March
26, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-4658 Filed 3-4-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4354-4358]
[FR Doc No: 2018-01677]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82577; File No. SR-Phlx-2018-09]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Relocate and
Amend Rule 1080(l)

January 24, 2018.
    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 January 16, 2018, Nasdaq PHLX LLC (``Phlx'' 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 relocate and amend Rule 1080(l), entitled
``Directed Orders'' to new Rule 1068 with the same title. The Exchange
is also proposing to amend Rule 1000(b) to add various definitions. The
Exchange

will also update cross references to Rule 1080(l) to reflect new Rule
1068.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.cchwallstreet.com/, 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 relocate Rule 1080(l), entitled ``Directed
Orders'' to new Rule 1068 with the same title. The Exchange is also
proposing to amend Rule 1000(b) to add various definitions. Both of
these proposals will be discussed below. The Exchange will also update
cross references to Rule 1080(l) to reflect new Rule 1068. The Exchange
also proposes to add more detail concerning the PHLX Depth of Market
data feed and the CTI data feed.
Directed Orders
    The rule text concerning Directed Orders is currently located at
Rule 1080(l). The Exchange proposes to relocate this rule to Rule 1068,
which is currently reserved, and title the new rule ``Directed
Orders.'' The Exchange also proposes to amend the current rule to add
clarity to the current rule text. Rule 1080 is rather lengthy and
breaking this rule into a separate rule will make the rule easier to
locate. A Directed Order is currently defined as any order (other than
a stop or stop-limit order as defined in Rule 1066) to buy or sell
which has been directed to a particular specialist, RSQT, or SQT by an
Order Flow Provider. To qualify as a Directed Order, an order must be
delivered to the Exchange via AUTOM.
    The Exchange proposes to delete references to the Exchange's
trading system prior name ``AUTOM,'' which term is obsolete. The
Exchange proposes to replace the term with System at proposed new Rule
1068(a)(i)(A), which below the Exchange is proposing to define at new
Rule 1000(b)(45).
    The Exchange proposes to amend the current rule text in new
proposed Rule 1068(a)(ii), which currently states, ``[w]hen the
Exchange's disseminated price is the NBBO at the time of receipt of the
Directed Order, and the Directed Specialist, SQT or RSQT is quoting at
the Exchange's disseminated price, the Directed Order shall be
automatically executed and allocated in accordance with Rule
1014(g)(viii).'' The Exchange proposes to replace the word
``disseminated'' with the word ``best.'' The Exchange notes that if a
non-displayed implied order is resting on the book at the best price,
that order would execute against the Directed Order and therefore the
word disseminated is not accurate. The Exchange proposes to amend the
sentence to reflect the current operation of the System when the
Exchange's disseminated price is the NBBO at the time of receipt of the
Directed Order, and the Directed Specialist, SQT or RSQT is quoting at
the Exchange's best price, the Directed Order shall be automatically
executed and allocated in accordance with Rule 1014(g)(viii). The
Exchange seeks to execute all orders at the best available price
without trading through an away market.
    The Exchange is also proposing to remove the words ``by the
specialist'' at proposed new Rule 1068(a)(iv) so that the new sentence
states, ``If the Exchange's disseminated price is not the NBBO at the
time of receipt of the Directed Order, the Directed Order shall be
handled in accordance with Exchange rules.'' The reference to ``by the
specialist'' is not accurate as the specialist does not handle these
orders. The Exchange does not permit manual handling of orders in its
current rules. The System handles all orders entered for submission.
Specialists used to be responsible for manual executions. The adoption
of Phlx XL, a predecessor trading system, eliminated manual executions
of System orders; all orders entered into the System can only executed
automatically by the System.\3\ The removal of the words ``by the
specialist'' makes the sentence accurate.
---------------------------------------------------------------------------

    \3\ See Securities and Exchange Act Release No. 50100 (July 27,
2004), 69 FR 46612 (August 3, 2004) (SR-Phlx-2003-59)
---------------------------------------------------------------------------

Definitions
    The Exchange proposes to adopt new definitions in Rule 1000(b).
Specifically, the Exchange proposes to adopt a definition for the word
``System'' at Rule 1000(b)(45), which parallels the definition of
System at The Nasdaq Options Market LLC (``NOM'') and Nasdaq BX, Inc.
(``BX'') Rules at Chapter VI, Section 1(a). The Exchange proposes to
define ``System'' to mean the automated system for order execution and
trade reporting owned and operated by the Exchange which comprises: (A)
An order execution service that enables members to automatically
execute transactions in System Securities and provides members with
sufficient monitoring and updating capability to participate in an
automated execution environment; (B) a trade reporting service that
submits ``locked-in'' trades \4\ for clearing to a registered clearing
agency for clearance and settlement; transmits last-sale reports of
transactions automatically to the Options Price Reporting Authority for
dissemination to the public and industry; and provides participants
with monitoring and risk management capabilities to facilitate
participation in a ``locked-in'' trading environment; and (C) the
following data feeds: \5\
---------------------------------------------------------------------------

    \4\ This refers to the process of submitting both sides of a
trade for reporting and clearing, rather than performing a
comparison process.
    \5\ These data feeds have all been previously addressed in
proposed rule changes and are now being codified in this rule to
parallel NOM and BX Options rules at Chapter VI, Section 1. See
Securities Exchange Act Release Nos. 60877 (October 26, 2009), 74 FR
56255 (October 30, 2009) (SR-Phlx-2009-92) (addressing TOPO Plus
Orders), 66993 (May 15, 2012), 77 FR 30043 (May 21, 2012)(SR-Phlx-
2012-63) (addressing PHLX Orders), 66967 (May 11, 2012), 77 FR 29440
(May 17, 2012)(SR-Phlx-2012-60)(addressing PHLX Depth of Market) and
62155 (May 24, 2010), 75 FR 30081 (May 28, 2010)(SR-Phlx-2010-
67)(addressing CTI). See also Securities Exchange Act Release No.
68517 (December 21, 2012), 77 FR 77134 (December 31, 2012) (SR-Phlx-
2012-136) (regarding Order Exposure). The Phlx data feeds differ in
content from the NOM and BX data feeds.
---------------------------------------------------------------------------

    Top of PHLX Options (``TOPO'') is a direct data feed product that
includes the Exchange's best bid and offer price, with aggregate size,
based on displayable order and quoting interest on Phlx and last sale
information for trades executed on Phlx. The data contained in the TOPO
data feed is identical to the data simultaneously sent to the processor
for the Options Price Regulatory Authority (``OPRA'') and subscribers
of the data feed.
    PHLX Orders is a real-time full limit order book data feed that
provides pricing information for orders on the PHLX limit order book.
PHLX Orders is currently provided as part of the TOPO Plus Orders data
product. PHLX Orders provides real-time information to enable users to
keep track of the single order book(s), single and Complex Orders, and
Complex Order Live Auction (``COLA'') for all symbols listed on Phlx.

    PHLX Depth of Market is a data product that provides: (1) Order and
quotation information for individual quotes and orders on the PHLX
book; (2) last sale information for trades executed on Phlx; (3)
auction and option symbol directory information; and (4) an Imbalance
Message which includes the symbol, side of the market, size of matched
contracts, size of the imbalance, and price of the affected series.
    Clearing Trade Interface (``CTI'') is a real-time clearing trade
update message that is sent to a member after an execution has occurred
and contains trade details (e.g. trade corrections, trade cancels,
options directory messages, Complex Order Strategy messages, trading
action messages, halt and system event messages). The information
includes, among other things, the following: (1) The Clearing Member
Trade Agreement or ``CMTA'' or OCC number; (2) Exchange badge or house
number; (3) the Exchange internal firm identifier; and (4) an indicator
which will distinguish electronic and non-electronically delivered
orders; (5) liquidity indicators and transaction type for billing
purposes; (6) capacity.\6\
---------------------------------------------------------------------------

    \6\ With respect to the CTI feed, the Exchange notes that that
CTI is a tool for members to receive real-time trade details. The
Exchange is adding information to demonstrate examples of trade
details (e.g. trade corrections, trade cancels, options directory
messages, Complex Order Strategy messages, trading action messages,
halt and system event messages). The Exchange notes that this
additional language is intended to provide more specificity
regarding the CTI data feed product. This is not new information,
rather the original rule change noted that real time trade details
are included in the feed. See Securities and Exchange Act Release
No. 75 FR 30081 (May 28, 2010) (SR-Phlx-2010-67).
---------------------------------------------------------------------------

    This description tracks the language in NOM and BX Rules, Chapter
VI, Section 1, except it reflects the data feeds applicable to Phlx.
These data feeds are available to subscribers, subject to the
Exchange's Pricing Schedule.\7\ Specifically, with respect to the PHLX
Depth of Market data product, the Exchange is proposing to add more
detail concerning auction and option symbol directory information that
is contained in the PHLX Depth of Market data product. The Exchange
notes that this information was contained in the data feed at the time
the data feed was filed. In addition to order and quotation
information, auction information was available as well as the options
symbol directories. The Exchange believes that this information is more
specific to identify the content in the feed. The Exchange notes that
any market participant may subscribe to this data feed. The Exchange
also proposes to adopt the definition of ``System Securities'' at Rule
1000(b)(46). The Exchange proposes to describe System Securities to
mean all options that are currently trading on the System. All other
options shall be ``Non System Securities.'' This also parallels the
comparable NOM and BX provisions,\8\ although the Exchange does not at
this time use the term Non System Securities in its rules.
---------------------------------------------------------------------------

    \7\ See Phlx's Pricing Schedule at Chapter IX.
    \8\ The NOM and BX definitions at Chapter VI, Section 1(b) refer
to options traded pursuant to Chapter IV, which contains listing-
like provisions. The Exchange does not believe this language is
necessary, as all options must be listed pursuant to applicable
listing rules.
---------------------------------------------------------------------------

    The Exchange proposes to define the term ``Order'' at proposed Rule
1000(b)(47). The Exchange proposes to define Order as a single order
submitted to the System by a member that is eligible to submit such
orders. This is the same definition as contained in NOM and BX Rules at
Chapter VI, Section 1(d).
    The Exchange proposes to define the term ``System Book Feed'' at
proposed Rule 1000(b)(48). The Exchange proposes to define System Book
Feed as a data feed for System securities. This definition is similar
to the definition contained in NOM and BX Rules, at Chapter VI, Section
1(h), and refers to the general process of gathering the Exchange's
best bid and offer for dissemination to the OPRA.
    The Exchange proposes to define the term ``Agency Order'' at
proposed Rule 1000(b)(49). The term Agency Order shall mean any order
entered on behalf of a public customer (which includes an order entered
on behalf of a professional), and does not include any order entered
for the account of a broker-dealer, or any account in which a broker-
dealer or an associated person of a broker-dealer has any direct or
indirect interest. An agency order is currently defined in Rule
1080(b)(i)(A) as any order entered on behalf of a public customer, and
does not include any order entered for the account of a broker-dealer,
or any account in which a broker-dealer or an associated person of a
broker-dealer has any direct or indirect interest. The Exchange is
making clear that professional orders are included in this general
definition. The Exchange intends to remove the definition in Rule
1080(b)(i)(A) by filing a separate rule change.
    Finally, the Exchange proposes to copy the definition of ``Off-
Floor Broker Dealer Order'' currently contained in Rule 1080(b)(i)(C)
to proposed Rule 1000(b)(50). The Exchange believes that the
definition, which is utilized in other rules including Rule 1014 is
better placed in Rule 1000. The Exchange intends to remove the
definition in Rule 1080(b)(i)(C) by filing a separate rule change.
    The Exchange believes that these definitions will serve to define
key terms within the Rulebook to the benefit of the members. The
Exchange also proposes to update a cross-reference to Rule 1080(l)
within Rule 1014(g)(viii) to new Rule 1068.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\10\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest by updating Rule 1080(l) and relocating it to
new Rule 1068 to make it easier to locate and clarifying the current
rule text. In addition, the Exchange proposes to add definitions to
Rule 1000(b) to define key terms within the Rulebook to the benefit of
the members.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange's proposal to update cross references to Rule 1080(l)
to reflect new Rule 1068 are consistent with the Act because the new
cross references will update the accuracy of the Rulebook with respect
to the rule numbering.
    The Exchange's proposal to delete obsolete references to the
Exchange's trading system prior name ``AUTOM'' and utilize the term
System, which is being defined in Rule 1000, is consistent with the Act
because the replacement of a defined term will add clarity to the
intended rule text. The Exchange's proposal to replace the word
``disseminated'' with the word ``best'' in new proposed Rule
1068(a)(ii), is consistent with the Act because the Exchange seeks to
execute all orders at the best available price without trading through
an away market. The current sentence is not accurate. The proposed text
reflects the current operation of the System. The elimination of the
words ``by the specialist'' at proposed new Rule 1068(a)(iv) is
consistent with the Act because the elimination of the words will
correct a current reference to a manual process which no longer exists
today. The Exchange does not permit manual handling of orders in its
current rules. The System handles all orders entered for submission.
The removal of the words ``by the specialist'' makes the sentence
accurate and clarifies the current operation of the System to the
benefit of members.

    The Exchange's proposal to add definitions for System, System
Securities, Order, System Book Feed which are similar to definitions
contained in BX and NOM Rules and also are specific to operation of
Phlx is consistent with the Act because these definitions will bring
greater clarity to the use of those terms within the Rulebook. The
Exchange's proposal to copy the current terms, Agency Order and Off-
Floor Broker-Dealer Order, to Rule 1000(b) is consistent with the Act
because these terms are universal to the Rulebook and can be more
easily located within the general definitions.
    The Exchange's proposal to memorialize the data feeds, which were
previously filed with the Commission, within the text of its rules is
consistent with the Act because the new rule text will bring greater
clarity to the Rulebook. Specifically, with respect to the PHLX Depth
of Market data product, the Exchange is proposing to add more detail
concerning auction and option symbol directory information that is
contained in the PHLX Depth of Market data product. The Exchange notes
that this information was available in the data feed at the time the
feed was filed. In addition to order and quotation information, auction
information was available as well as the options symbol directories.
The Exchange believes that adding this additional information is
consistent with the Act because the new information is more specific to
identify the content in the feed. The Exchange notes that any market
participant may subscribe to this data feed.
    The Exchange noted in the original filing \11\ that CTI is a tool
for members to receive real-time trade details. The Exchange is adding
information to demonstrate examples of trade details (e.g. trade
corrections, trade cancels, options directory messages, Complex Order
Strategy messages, trading action messages, halt and system event
messages). The Exchange believes that this additional language is
consistent with the Act because it provides more specificity regarding
the CTI data feed product and provides greater transparency as to the
information contained in the data product.
---------------------------------------------------------------------------

    \11\ See Securities and Exchange Act Release No. 75 FR 30081
(May 28, 2010) (SR-Phlx-2010-67).
---------------------------------------------------------------------------

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 proposed rule changes to
new Rule 1068 serve to relocate and update the current rule text to
eliminate an obsolete term, correct the text to reflect the current
operation of the System and eliminate a reference to a manual
Specialist process which no longer exists today. The addition of
definitions to Rule 1000(b) does not impose an undue burden on
competition, rather the definitions will bring greater clarity to the
use of those terms within the Rulebook.
    The Exchange also notes that in addition to the rule text which was
previously filed for the PHLX Depth of Market data product, the
Exchange is proposing to add more detail concerning auction and option
symbol directory information that is contained in the PHLX Depth of
Market data product. The Exchange notes that this detail concerning
auctions and options symbol directories is more specific and although
not noted in the prior rule change, adds more detail to the type of
information that is disseminated in the data feed. The Exchange notes
that any market participant may subscribe to this data feed.
    The Exchange's additional detail in the CTI data feed product adds
more detail to the description in the original filing \12\ concerning
real-time trade details. The Exchange offers examples of trade details
(e.g. trade corrections, trade cancels, options directory messages,
Complex Order Strategy messages, trading action messages, halt and
system event messages) in this proposal. The Exchange believes that
this additional language does not impose an undue burden on competition
because the greater detail adds more specificity to the CTI data feed
product and provides greater transparency as to the information
contained in the data product. Further, the Exchange notes that any
market participant may subscribe to this data feed.
---------------------------------------------------------------------------

    \12\ See Securities and Exchange Act Release No. 75 FR 30081
(May 28, 2010) (SR-Phlx-2010-67).
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not (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 \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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 under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of its filing. However,
Rule 19b-4(f)(6)(iii) \15\ 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 proposed rule
change will become operative on filing. The Exchange stated that the
proposed rule change promotes the protection of investors and the
public interest by improving the organization and clarity of the
Exchange's rules. Waiver of the operative delay would allow the
Exchange, without delay, to utilize the proposed definitions in other
rules and to continue to amend other sections of Rule 1080 for improved
readability, therefore, the Commission believes 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.\16\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Phlx-2018-09 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-Phlx-2018-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2018-09, and should be submitted on
or before February 20, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01677 Filed 1-29-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 13, 2008 (Volume 73, Number 157)]
[Rules and Regulations]
[Page 47029-47032]
[DOCID:fr13au08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0179; Directorate Identifier 2007-NM-367-AD;
Amendment 39-15572; AD 2008-13-09]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards * * *.
    [A]ssessment showed that supplemental maintenance tasks
[inspections of fuel tank bonding jumpers, wiring harnesses, and
drain valve components, among other items and actions; and
applicable corrective actions] are required to prevent potential
ignition sources within the fuel system, which could result in a
fuel tank explosion. * * *

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective September 17, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 17,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on May 1, 2008 (73 FR 23995). That supplemental NPRM proposed to
correct an unsafe condition for the specified products. The MCAI
states:

    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks
[inspections of fuel tank bonding jumpers, wiring harnesses, and
drain valve components, among other items and actions; and
applicable corrective actions] are required to prevent potential
ignition sources within the fuel system, which could result in a
fuel tank explosion. Revisions have been made to Part 2
``Airworthiness Limitations List'' of the

DHC-8 Maintenance Program Manuals to introduce the required
maintenance tasks.

The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to incorporate new
limitations for fuel tank systems. You may obtain further information
by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Clarification of Identity of Model DHC-8-201 Airplanes

    We have clarified the identity of certain airplanes as listed in
the supplemental NPRM by correctly identifying them throughout this AD
as Model DHC-8-201 airplanes.

Removal of Reference to ``a Later Revision'' of Certain Maintenance
Program Manuals (MPMs)

    We removed the reference to ``a later revision of Part 2
`Airworthiness Limitations List' of the applicable de Havilland Dash 8
Series MPM'' from paragraph (f)(4) of this AD and removed Table 3 of
the NPRM, which listed the MPMs (and renumbered the subsequent table
accordingly). We removed the reference to the use of ``later
revisions'' of the applicable service information from this AD to be
consistent with FAA policy. This change will not increase the economic
burden on any operator, nor will it increase the scope of the AD, since
operators may request approval to use a later revision of the
referenced service information as an alternative method of compliance,
under the provisions of paragraph (g) of this AD.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 122 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $9,760, or $80 per
product.

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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    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); and
    3. 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 AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-13-09 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-15572. Docket No. FAA-2008-0179; Directorate Identifier 2007-NM-
367-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective
September 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model DHC-8-102, DHC-8-
103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-
8-315 airplanes, certificated in any category, all serial numbers.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks
[inspections of fuel tank bonding jumpers, wiring harnesses, and
drain valve components, among other items and actions; and
applicable corrective actions] are required to prevent potential
ignition sources within the fuel system, which could result in a
fuel tank explosion. Revisions have been made to Part 2
``Airworthiness Limitations List'' of the DHC-8 Maintenance Program
Manuals to introduce the required maintenance tasks.

The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 days after the effective date of this AD, or
before December 16, 2008, whichever occurs first, revise the ALS of
the Instructions for Continued Airworthiness to incorporate the fuel
system limitations tasks identified in the de Havilland temporary
revisions (TRs) to Part 2, ``Airworthiness Limitations List,'' of
the Dash 8 Series Maintenance Program Manuals (``the MPMs''). The
TRs are listed in Table 1 of this AD. For the tasks identified in
the TRs, the initial compliance times start at the later of the
applicable ``Threshold'' and ``Grace Period'' times specified in
Table 2 of this AD, and the repetitive limitation tasks must be
accomplished thereafter at the interval specified in the TRs, except
as provided by paragraphs (f)(2), (f)(3), (f)(4), and (g)(1) of this
AD.

                      Table 1--Temporary Revisions
------------------------------------------------------------------------
            Model                de Havilland TR             MPM
------------------------------------------------------------------------
DHC-8-102, DHC-8-103, and     AWL-110, dated        Dash 8 Series 100
 DHC-8-106 airplanes.          August 31, 2007.      MPM, Product
                                                     Support Manual
                                                     (PSM) 1-8-7, Part
                                                     2, ``Airworthiness
                                                     Limitations List''.
DHC-8-201, and DHC-8-202      AWL 2-43, dated       Dash 8 Series 200
 airplanes.                    August 31, 2007.      MPM, PSM 1-82-7,
                                                     Part 2,
                                                     ``Airworthiness
                                                     Limitations List''.
DHC-8-301, DHC-8-311, and     AWL 3-109, dated      Dash 8 Series 300
 DHC-8-315 airplanes.          August 31, 2007.      MPM, PSM 1-83-7,
                                                     Part 2,
                                                     ``Airworthiness
                                                     Limitations List''.
------------------------------------------------------------------------

                      Table 2--Initial Inspections
------------------------------------------------------------------------
                               Compliance time  (whichever occurs later)
         Description         -------------------------------------------
                                    Threshold           Grace period
------------------------------------------------------------------------
Tasks with 6,000 flight       Before the            Within 2,000 flight
 hours/36 month intervals.     accumulation of       hours or 12 months
                               6,000 total flight    after the effective
                               hours, or within 36   date of this AD,
                               months since new,     whichever occurs
                               whichever occurs      first.
                               first.
Tasks with 18,000 flight      Before the            Within 6,000 flight
 hours/108 month intervals.    accumulation of       hours or 36 months
                               18,000 total flight   after the effective
                               hours, or within      date of this AD,
                               108 months since      whichever occurs
                               new, whichever        first.
                               occurs first.
Tasks with 72,000 flight      Before the            Within 600 flight
 hours/36 year intervals.      accumulation of       hours or 3 months
                               72,000 total flight   after the effective
                               hours, or within 36   date of this AD,
                               years since new,      whichever occurs
                               whichever occurs      first.
                               first.
------------------------------------------------------------------------

    Note 2: The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of the applicable TR listed in Table 1
of this AD into the ALS of the applicable MPM listed in Table 1 of
this AD. When the applicable TR has been included in general
revisions of the applicable MPM, the general revisions may be
inserted in the MPM, provided the relevant information in the
general revision is identical to that in the applicable TR.

    (2) For those tasks with 6,000 flight hours/36 month limitation
task intervals: For airplanes that have accumulated 4,000 total
flight hours or more, or 24 months or more since new, as of the
effective date of this AD, do the initial limitation tasks within
2,000 flight hours or 12 months after the effective date of this AD,
whichever occurs first. Thereafter, repeat the limitation tasks at
intervals not to exceed 6,000 flight hours or 36 months, whichever
occurs first.
    (3) For those tasks with 18,000 flight hours/108 month
limitation task intervals: For airplanes that have accumulated
12,000 total flight hours or more, or 72 months or more since new,
as of the effective date of this AD, do the initial limitation tasks
within 6,000 flight hours or 36 months after the effective date of
this AD, whichever occurs first. Thereafter, repeat the limitation
tasks at intervals not to exceed 18,000 flight hours or 108 months,
whichever occurs first.
    (4) After accomplishing the actions specified in paragraphs
(f)(1), (f)(2), and (f)(3) of this AD, no alternative inspections/
limitation tasks or inspection/limitation task intervals may be used
unless the inspections/limitation tasks or inspection/limitation
task intervals are approved as an alternative method of compliance
(AMOC) in accordance with the procedures specified in paragraph
(g)(1) of this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Rocco Viselli, Aerospace Engineer, Airframe and
Propulsion Branch, ANE-171, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-32,
dated December 17, 2007, and the de Havilland temporary revisions
listed in Table 1 of this AD.

Material Incorporated by Reference

    (i) You must use the applicable service information specified in
Table 3 of this AD to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

                                   Table 3--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
    De Havilland  temporary revision--                      Dated--                            To the--
----------------------------------------------------------------------------------------------------------------
AWL-110..................................  August 31, 2007.........................  Dash 8 Series 100
                                                                                Maintenance Program
                                                                                Manual, Product Support
                                                                                Manual 1-8-7, Part 2,
                                                                                ``Airworthiness
                                                                                Limitations List''.
AWL 2-43.................................  August 31, 2007.........................  Dash 8 Series 200
                                                                                Maintenance Program
                                                                                Manual, Product Support
                                                                                Manual 1-82-7, Part 2,
                                                                                ``Airworthiness
                                                                                Limitations List''.
AWL 3-109................................  August 31, 2007.........................  Dash 8 Series 300
                                                                                Maintenance Program
                                                                                Manual, Product Support
                                                                                Manual 1-83-7, Part 2,
                                                                                ``Airworthiness
                                                                                Limitations List''.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on July 31, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-18430 Filed 8-12-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Notices]
[Page 49748]
[FR Doc No: 2013-19821]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TS13-4-000]

Hudson Transmission Partners, LLC; Notice of Filing

    Take notice that on July 12, 2013, Hudson Transmission Partners,
LLC filed a request for exemption from, or waiver of, the standards of
conduct set forth in Part 358 of the Federal Energy Regulatory
Commission's (Commission) regulations, 18 CFR part 358.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 23, 2013.

    Dated: August 8, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-19821 Filed 8-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Page 39415]
[FR Doc No: 2023-12944]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15310-000]

Rye Development, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On May 5, 2023, Rye Development, LLC, on behalf of Neptune Pumped
Storage 1, LLC (the Applicant), filed an application for a preliminary
permit, pursuant to section 4(f) of the Federal Power Act (FPA),
proposing to study the feasibility of the Elephant Rock Pumped Storage
Project to be located in Curry County, Oregon, near the Sixes River,
approximately 12.5 miles east-northeast of Port Orford, Oregon. The
sole purpose of a preliminary permit is to grant the permit holder
priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The project would require constructing new water storage, water
conveyance, and generation facilities at off-channel locations where no
such facilities exist. It would consist of the following: (1) an upper
reservoir with a surface area of 51.5 acres and a storage volume of
3,605 acre-feet at a maximum water-surface elevation of 2,070 feet mean
sea level (MSL); (2) an 820-foot-long, 24-foot diameter vertical shaft
that connects the upper reservoir to a 4,200-foot-long horizontal power
tunnel, having a horse-shoe-shaped cross section approximately 450
square-foot in area, leading to the powerhouse; (3) a 60-ft high, 40-
foot-diameter steel surge tower connected to the power tunnel upstream
of the powerhouse; (4) a 100-foot-wide, 500-foot-long, 100-foot-high
reinforced-concrete powerhouse with four 79.5 megawatt (MW) Francis
pump-turbine units, with a combined installed capacity of 318 MW, that
discharge into the lower reservoir; (5) a lower reservoir, located
adjacent to the powerhouse, with a surface area of 51.5 acres and a
storage volume of 3,605 acre-feet at a maximum water-surface elevation
of 1,150 feet MSL; (6) and a 15-mile-long, 230 kV overhead transmission
line extending from the powerhouse to the existing substation on Elk
River Road, approximately 3 miles northeast of Port Orford. Both the
upper and lower reservoirs would be created by zoned rockfill
embankment dikes approximately 70 feet high and 7,200 feet in
circumference. The project would have an annual generation capacity of
929,000 megawatt-hours.
    Applicant Contact: Mr. Nate Sandvig, Vice President, Rye
Development, LLC, 220 NW 8th Ave., Portland, OR 97202; email:
[email protected]; phone:<PHONE_NUMBER>.
    FERC Contact: David Froehlich; email: [email protected];
phone<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members, and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with filings such as interventions,
comments, or requests for rehearing, the public is encouraged to
contact OPP at<PHONE_NUMBER> or [email protected]. Comments, motions to
intervene, competing applications (without notices of intent), or
notices of intent to file competing applications should be submitted
within 60 days from the issuance of this notice. Competing applications
and notices of intent must meet the requirements of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters without prior registration using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please get in touch with FERC Online Support
at [email protected],<PHONE_NUMBER> (toll-free), or (202)
502-8659 (TTY). Instead of electronic filing, you may submit a paper
copy. Submissions sent via the U.S. Postal Service must be addressed
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent
via any other carrier must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852. The first page of any filing should include
docket number P-15310-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15310) in the docket number field to access
the document. For assistance, do not hesitate to get in touch with FERC
Online Support.

    Dated: June 12, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-12944 Filed 6-15-23; 8:45 am]
BILLING CODE 6717-01-P