[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58885-58891]
[FR Doc No: 2022-20945]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95883; File No. SR-LTSE-2022-05]

Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend LTSE Rule 11.270, Clearly Erroneous Executions

September 22, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 19, 2022, Long-Term Stock Exchange, Inc. (``LTSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule

change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend LTSE Rule 11.270, Clearly Erroneous
Executions to limit the circumstances where clearly erroneous review
would continue to be available during the Regular Market Session \3\
when the LULD Plan to Address Extraordinary Market Volatility (the
``LULD Plan'') \4\ already provides similar protections for trades
occurring at prices that may be deemed erroneous.
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    \3\ The term ``Regular Trading Hours'' means the time between
9:30 a.m. and 4:00 p.m. Eastern Time. See LTSE Rule 1.160(kk).
    \4\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012).
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    The text of the proposed rule change is enclosed as Exhibit 5 and
is available on the Exchange's website at http://longtermstockexchange.com, at the Exchange's principal office and at
the Public Reference Room of the Commission.

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 self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 amend LTSE Rule
11.270, Clearly Erroneous Executions. Specifically, the Exchange
proposes to limit the circumstances where clearly erroneous review
would continue to be available during the Regular Market Session,\5\
when the LULD Plan to Address Extraordinary Market Volatility (the
``LULD Plan'') \6\ already provides similar protections for trades
occurring at prices that may be deemed erroneous. The Exchange believes
that these changes are appropriate as the LULD Plan has been approved
by the Commission on a permanent basis,\7\ and in light of amendments
to the LULD Plan, including changes to the applicable Price Bands \8\
around the open and close of trading. The Exchange proposes that the
implementation for the proposed rule change be October 1, 2022.
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    \5\ The term ``Regular Trading Hours'' means the time between
9:30 a.m. and 4:00 p.m. Eastern Time. See LTSE Rule 1.160(kk).
    \6\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012).
    \7\ See Securities Exchange Act Release No. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (``Notice''); 85623 (April
11, 2019), 84 FR 16086 (April 17, 2019) (File No. 4-631)
(``Amendment Eighteen'').
    \8\ ``Price Bands'' refers to the term provided in Section V of
the LULD Plan.
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    On May 10, 2019, the Commission approved the Exchange's application
for registration as a national securities exchange.\9\ The approval
order noted that the Exchange had adopted rules to reduce the
occurrence of erroneous trades, including LTSE Rule 11.270.\10\ The
Exchange's registration was conditioned on the Exchange joining the
LULD Plan as a participant.\11\ On November 22, 2019, the Exchange
filed an amendment to the LULD Plan with the Commission to add itself
as a participant.\12\ The amendment was immediately effective.\13\
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    \9\ See Securities Exchange Act Release No. 34-85828 (May 10,
2019).
    \10\ Id. at 30.
    \11\ Id. at 47.
    \12\ See Securities Act Release No. 34-87598.
    \13\ Id.
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Amendments to the Clearly Erroneous Rules
    When the Participants to the LULD Plan filed to introduce the Limit
Up-Limit Down (``LULD'') mechanism, itself a response to the Flash
Crash, a handful of commenters noted the potential discordance between
the clearly erroneous rules and the Price Bands used to limit the price
at which trades would be permitted to be executed pursuant to the LULD
Plan. For example, two commenters requested that the clearly erroneous
rules be amended so the presumption would be that trades executed
within the Price Bands would not be not subject to review.\14\ While
the Participants acknowledged that the potential to prevent clearly
erroneous executions would be a ``key benefit'' of the LULD Plan, the
Participants decided not to amend the clearly erroneous rules at that
time.\15\ In the years since, industry feedback has continued to
reflect a desire to eliminate the discordance between the LULD
mechanism and the clearly erroneous rules so that market participants
would have more certainty that trades executed with the Price Bands
would stand. For example, the Equity Market Structure Advisory
Committee (``EMSAC'') Market Quality Subcommittee included in its April
19, 2016 status report a preliminary recommendation that clearly
erroneous rules be amended to conform to the Price Bands--i.e., ``any
trade that takes place within the band would stand and not be broken
and trades outside the LU/LD bands would be eligible for the
consideration of the Clearly Erroneous rules.'' \16\
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    \14\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (n. 33505).
    \15\ Id.
    \16\ See EMSAC Market Quality Subcommittee, Recommendations for
Rulemaking on Issues of Market Quality (November 29, 2016),
available at https://www.sec.gov/spotlight/emsac/emsac/recommendations-rulemaking-market-quality.pdf.
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    The Exchange believes that it is important for there to be some
mechanism to ensure that investors' orders are either not executed at
clearly erroneous prices or are subsequently busted as needed to
maintain a fair and orderly market. At the same time, the Exchange
believes that the LULD Plan, as amended, would provide sufficient
protection for trades executed during the Regular Market Session.
Indeed, the LULD mechanism could be considered to offer superior
protection as it prevents potentially erroneous trades from being
executed in the first instance. After gaining experience with the LULD
Plan, the Exchange now believes that it is appropriate to largely
eliminate clearly erroneous review during the Regular Market Session
when Price Bands are in effect. Thus, as proposed, trades executed
within the Price Bands would stand, barring one of a handful of
identified scenarios where such review may still be necessary for the
protection of investors. The Exchange believes that this change would
be beneficial for the U.S. equities markets as it would ensure that
trades executed within the Price Bands are subject to clearly erroneous
review in only rare circumstances, resulting in greater certainty for
Members and investors.
    The current LULD mechanism for addressing extraordinary market
volatility is available solely during Regular Trading Hours. Thus,
trades during the Exchange's Pre-Market Session or Post-Market Session
\17\ would

not benefit from this protection and could ultimately be executed at
prices that may be considered erroneous. For this reason, the Exchange
proposes that transactions executed during the Pre-Market or Post-
Market Sessions would continue to be reviewable as clearly erroneous.
Continued availability of the clearly erroneous rule during pre- and
post-market trading sessions would therefore ensure that investors have
appropriate recourse when erroneous trades are executed outside of the
hours where similar protection can be provided by the LULD Plan.
Further, the proposal is designed to eliminate the potential
discordance between clearly erroneous review and LULD Price Bands,
which does not exist outside of the Regular Market Session because the
LULD Plan is not in effect. Thus, the Exchange believes that it is
appropriate to continue to allow transactions to be eligible for
clearly erroneous review if executed outside of the Regular Market
Session.
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    \17\ The term ``Pre-Market Session'' means the time between 8:00
a.m. and 9:30 a.m. Eastern Time. See LTSE Rule 1.160(dd). The term
``Post-Market Session'' means the time between 4:00 p.m. and 8:00
p.m. Eastern Time. See LTSE Rule 1.160(ee).
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    On the other hand, there would be much more limited potential to
request that a transaction be reviewed as potentially erroneous during
the Regular Market Session. With the introduction of the LULD mechanism
in 2013, clearly erroneous trades are largely prevented by the
requirement that trades be executed within the Price Bands. In
addition, in 2019, Amendment Eighteen to the LULD Plan eliminated
double-wide Price Bands: (1) at the Open, and (2) at the Close for Tier
2 NMS Stocks 2 with a Reference Price above $3.00.\18\ Due to these
changes, the Exchange believes that the Price Bands would provide
sufficient protection to investor orders such that clearly erroneous
review would no longer be necessary during the Regular Market Session.
As the Participants to the LULD Plan explained in Amendment Eighteen:
``Broadly, the Limit Up-Limit Down mechanism prevents trades from
happening at prices where one party to the trade would be considered
`aggrieved,' and thus could be viewed as an appropriate mechanism to
supplant clearly erroneous rules.'' While the Participants also
expressed concern that the Price Bands might be too wide to afford
meaningful protection around the open and close of trading, amendments
to the LULD Plan adopted in Amendment Eighteen narrowed Price Bands at
these times in a manner that the Exchange believes is sufficient to
ensure that investors' orders would be appropriately protected in the
absence of clearly erroneous review. The Exchange therefore believes
that it is appropriate to rely on the LULD mechanism as the primary
means of preventing clearly erroneous trades during the Regular Market
Session.
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    \18\ See Amendment Eighteen, supra note 5.
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    At the same time, the Exchange is cognizant that there may be
limited circumstances where clearly erroneous review may continue to be
appropriate, even during the Regular Market Session. Thus, the Exchange
proposes to amend its clearly erroneous rules to enumerate the specific
circumstances where such review would remain available during the
course of the Regular Market Session, as follows. All transactions that
fall outside of these specific enumerated exceptions would be
ineligible for clearly erroneous review.
    First, proposed paragraph (b)(2) would adopt provisions contained
in the clearly erroneous executions rules of other exchanges pertaining
to routed executions.\19\ These provisions provide that other market
centers will have additional time to file with the Exchange for review
of transactions routed to the Exchange from that market center and
executed on the Exchange.
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    \19\ See, e.g., BZX Rule 11.17.
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    Second, pursuant to proposed paragraph (c)(1)(A), a transaction
executed during the Regular Market Session would continue to be
eligible for clearly erroneous review if the transaction is not subject
to the LULD Plan. In such case, the Numerical Guidelines set forth in
paragraph (c)(2) of Rule 11.17 will be applicable to such NMS Stock.
While the majority of securities traded on the Exchange would be
subject to the LULD Plan, certain equity securities, such as rights and
warrants, are explicitly excluded from the provisions of the LULD Plan
and would therefore be eligible for clearly erroneous review
instead.\20\ Similarly, there are instances, such as the opening
auction on the primary listing market,\21\ where transactions are not
ordinarily subject to the LULD Plan, or circumstances where a
transaction that ordinarily would have been subject to the LULD Plan is
not--due, for example, to some issue with processing the Price Bands.
These transactions would continue to be eligible for clearly erroneous
review, effectively ensuring that such review remains available as a
backstop when the LULD Plan would not prevent executions from occurring
at erroneous prices in the first instance.
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    \20\ See Appendix A of the LULD Plan.
    \21\ The initial Reference Price used to calculate Price Bands
is typically set by the Opening Price on the primary listing market.
See Section V(B) of the LULD Plan.
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    Third, investors would also continue to be able to request review
of transactions that resulted from certain systems issues pursuant to
proposed paragraph (c)(1)(B). This limited exception would help to
ensure that trades that should not have been executed would continue to
be subject to clearly erroneous review. Specifically, as proposed,
transactions executed during Regular Trading Hours would be eligible
for clearly erroneous review pursuant to proposed paragraph (c)(1)(B)
if the transaction is the result of an Exchange technology or systems
issue that results in the transaction occurring outside of the
applicable LULD Price Bands pursuant to LULD Rule 11.270(g). A
transaction subject to review pursuant to this paragraph shall be found
to be clearly erroneous if the price of the transaction to buy (sell)
that is the subject of the complaint is greater than (less than) the
Reference Price, described in paragraph (d) of this Rule, by an amount
that equals or exceeds the applicable Percentage Parameter defined in
Appendix A to the LULD Plan (``Percentage Parameters'').
    Fourth, the Exchange proposes to narrowly allow for the review of
transactions during the Regular Market Session when the Reference
Price, described in proposed paragraph (d), is determined to be
erroneous by an Officer of the Exchange. Specifically, a transaction
executed during the Regular Market Session would be eligible for
clearly erroneous review pursuant to proposed paragraph (c)(1)(C) if
the transaction involved, in the case of (1) a corporate action or new
issue or (2) a security that enters a Trading Pause pursuant to the
LULD Plan and resumes trading without an auction,\22\ a Reference Price
that is determined to be erroneous by an Officer of the Exchange
because it clearly deviated from the theoretical value of the security.
In such circumstances, the Exchange may use a different Reference Price
pursuant to proposed paragraph (d)(2) of this Rule. A transaction
subject to review pursuant to this paragraph shall be found to be
clearly erroneous if the price of the transaction to buy (sell) that is
the subject of the complaint is greater than (less than) the new
Reference Price, described in paragraph (d)(2) below, by an amount that
equals or exceeds the applicable Numerical Guidelines or Percentage
Parameters, as applicable

depending on whether the security is subject to the LULD Plan.
Specifically, the Percentage Parameters would apply to all transactions
except those in an NMS Stock that is not subject to the LULD Plan, as
described in paragraph (c)(1)(A).
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    \22\ The Exchange notes that the ``resumption of trading without
an auction'' provision of the proposed rule text applies only to
securities that enter a Trading Pause pursuant to LULD and does not
apply to a corporate action or new issue.
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    In the context of a corporate action or a new issue, there may be
instances where the security's Reference Price is later determined by
the Exchange to be erroneous (e.g., because of a bad first trade for a
new issue), and subsequent LULD Price Bands are calculated from that
incorrect Reference Price. In determining whether the Reference Price
is erroneous in such instances, the Exchange would generally look to
see if such Reference Price clearly deviated from the theoretical value
of the security. In such cases, the Exchange would consider a number of
factors to determine a new Reference Price that is based on the
theoretical value of the security, including but not limited to, the
offering price of the new issue, the ratio of the stock split applied
to the prior day's closing price, the theoretical price derived from
the numerical terms of the corporate action transaction such as the
exchange ratio and spin-off terms, and the prior day's closing price on
the OTC market for an OTC up-listing.\23\ In the foregoing instances,
the theoretical value of the security would be used as the new
Reference Price when applying the Percentage Parameters under the LULD
Plan (or Numerical Guidelines if the transaction is in an NMS Stock
that is not subject to the LULD Plan) to determine whether executions
would be cancelled as clearly erroneous.
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    \23\ Using transaction data reported to the FINRA OTC Reporting
Facility, FINRA disseminates via the Trade Data Dissemination
Service a final closing report for OTC equity securities for each
business day that includes, among other things, each security's
closing last sale price.
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    The following illustrate the proposed application of the rule in
the context of a corporate action or new issue:
    Example 1:

    1. ABCD is subject to a corporate action, 1 for 10 reverse
split, and the previous day close was $5, but the new theoretical
price based on the terms of the corporate action is $50.
    2. The security opens at $5, with LULD bands at $4.50 x $5.50.
    3. The bands will be calculated correctly but the security is
trading at an erroneous price based on the valuation of the
remaining outstanding shares.
    4. The theoretical price of $50 would be used as the new
Reference Price when applying LULD bands to determine if executions
would be cancelled as clearly erroneous.

    Example 2:

    1. ABCD is subject to a corporate action, the company is doing a
spin off where a new issue will be listed, BCDE. ABCD trades at $50,
and the spinoff company is worth \1/5\ of ABCD.
    2. BCDE opens at $50 in the belief it is the same company as
ABCD.
    3. The theoretical values of the two companies are ABCD $40 and
BCDE $10.
    4. BCDE would be deemed to have had an incorrect Reference Price
and the theoretical value of $10 would be used as the new Reference
Price when applying the LULD Bands to determine if executions would
be cancelled as clearly erroneous.

    Example 3:

    1. ABCD is an uplift from the OTC market, the prior days close
on the OTC market was $20.
    2. ABCD opens trading on the new listing exchange at $0.20 due
to an erroneous order entry.
    3. The new Reference Price to determine clearly erroneous
executions would be $20, the theoretical value of the stock from
where it was last traded.

    In the context of the rare situation in which a security that
enters a LULD Trading Pause and resumes trading without an auction
(i.e., reopens with quotations), the LULD Plan requires that the new
Reference Price in this instance be established by using the mid-point
of the best bid and offer (``BBO'') on the primary listing exchange at
the reopening time.\24\ This can result in a Reference Price and
subsequent LULD Price Band calculation that is significantly away from
the security's last traded or more relevant price, especially in less
liquid names. In such rare instances, the Exchange is proposing to use
a different Reference Price that is based on the prior LULD Band that
triggered the Trading Pause, rather than the midpoint of the BBO.
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    \24\ See LULD Plan, Section I(U) and V(C)(1).
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    The following example illustrates the proposed application of the
rule in the context of a security that reopens without an auction:

    Example 4:

    1. ABCD stock is trading at $20, with LULD Bands at $18 x $22.
    2. An incoming buy order causes the stock to enter a Limit State
Trading Pause and then a Trading Pause at $22.
    3. During the Trading Pause, the buy order causing the Trading
Pause is cancelled.
    4. At the end of the 5-minute halt, there is no crossed interest
for an auction to occur, thus trading would resume on a quote.
    5. Upon resumption, a quote that was available prior to the
Trading Pause (e.g. a quote was resting on the book prior to the
Trading Pause), is widely set at $10 x $90.
    6. The Reference Price upon resumption is $50 (mid-point of
BBO).
    7. The SIP will use this Reference Price and publish LULD Bands
of $45 x $55 (i.e., far away from BBO prior to the halt).
    8. The bands will be calculated correctly, but the $50 Reference
Price is subsequently determined to be incorrect as the price
clearly deviated from where it previously traded prior to the
Trading Pause.
    9. The new Reference Price would be $22 (i.e., the last
effective Price Band that was in a limit state before the Trading
Pause), and the LULD Bands would be applied to determine if the
executions should be cancelled as clearly erroneous.

    In all of the foregoing situations, investors would be left with no
remedy to request clearly erroneous review without the proposed
carveouts in paragraph (c)(1)(C) because the trades occurred within the
LULD Price Bands (albeit LULD Price Bands that were calculated from an
erroneous Reference Price). The Exchange believes that removing the
current ability for the Exchange to review in these narrow
circumstances would lessen investor protections.
Numerical Guidelines
    Today, paragraph (c)(1) defines the Numerical Guidelines that are
used to determine if a transaction is deemed clearly erroneous during
the Regular Market Session, or during the Pre-Market and Post-Market
Session. With respect to the Regular Market Session, trades are
generally deemed clearly erroneous if the execution price differs from
the Reference Price (i.e., last sale) by 10% if the Reference Price is
greater than $0.00 up to and including $25.00; 5% if the Reference
Price is greater than $25.00 up to and including $50.00; and 3% if the
Reference Price is greater than $50.00. Wider parameters are also used
for reviews for Multi-Stock Events, as described in paragraph (c)(2).
With respect to transactions in Leveraged ETF/ETN securities executed
during Regular Trading Hours, Early Trading, Pre-Opening and After-
Hours Trading Session, trades are deemed clearly erroneous if the
execution price exceeds the Regular Trading Hours Numerical Guidelines
multiplied by the leverage multiplier.
    Given the changes described in this proposed rule change, the
Exchange proposes to amend the way that the Numerical Guidelines are
calculated during Regular Trading Hours in the handful of instances
where clearly erroneous review would continue to be available.
Specifically, the Exchange would base these Numerical Guidelines, as
applied to the circumstances described in paragraph (c)(1)(A), on the
Percentage Parameters used to calculate Price Bands, as set forth in
Appendix A to the LULD Plan. Without this change, a transaction that
would otherwise stand if Price Bands were properly

applied to the transaction may end up being subject to review and
deemed clearly erroneous solely due to the fact that the Price Bands
were not available due to a systems or other issue. The Exchange
believes that it makes more sense to instead base the Price Bands on
the same parameters as would otherwise determine whether the trade
would have been allowed to execute within the Price Bands. The Exchange
also proposes to add the Numerical Guidelines applicable to leveraged
ETF/ETN securities during Regular Trading Hours. As noted above, the
Numerical Guidelines will only be applicable to transactions eligible
for review pursuant paragraph (c)(1)(A) (i.e., to NMS Stocks that are
not subject to the LULD Plan). As leveraged ETF/ETN securities are
subject to LULD and thus the Percentage Parameters will be applicable
during Regular Trading Hours, the Exchange proposes to eliminate the
Numerical Guidelines for leveraged ETF/ETN securities traded during
Regular Trading Hours. However, as no Price Bands are available outside
of Regular Trading Hours, the Exchange proposes to keep the existing
Numerical Guidelines in place for transactions in leveraged ETF/ETN
securities that occur during Early Trading, Pre-Opening and After-Hours
Trading.
    The Exchange also proposes to move existing paragraphs (c)(2),
(c)(3), and (d) to proposed paragraph (c)(2)(B), (c)(2)(C), and
(C)(2)(D), respectively, as Multi-Stock Events, Additional Factors, and
Outlier Transactions will only be subject to review if those NMS Stocks
are not subject to the LULD Plan or occur during the Early Trading,
Pre-Opening and After Hours Sessions. Proposed paragraph (c)(2)(B) is
substantially similar to existing paragraph (c)(2) except for a change
in rule reference to paragraph (c)(1) has been updated to paragraph
(c)(1)(A). Further, given the proposal to move existing paragraph
(c)(2) to paragraph (c)(2)(B), the Exchange also proposes to amend
applicable rule references throughout paragraph (c)(2)(A). Finally, the
Exchange proposes to update applicable rule references in paragraph
(c)(2)(D) based on the above-described structural changes to the Rule.
Reference Price
    As proposed, the Reference Price used would continue to be based on
last sale and would be memorialized in proposed paragraph (d).
Continuing to use the last sale as the Reference Price is necessary for
operational efficiency as it may not be possible to perform a timely
clearly erroneous review if doing so required computing the arithmetic
mean price of eligible reported transactions over the past five
minutes, as contemplated by the LULD Plan. While this means that there
would still be some differences between the Price Bands and the clearly
erroneous parameters, the Exchange believes that this difference is
reasonable in light of the need to ensure timely review if clearly
erroneous rules are invoked. The Exchange also proposes to allow for an
alternate Reference Price to be used as prescribed in proposed
paragraphs (d)(1), (2), and (3). Specifically, the Reference Price may
be a value other than the consolidated last sale immediately prior to
the execution(s) under review (1) in the case of Multi-Stock Events
involving twenty or more securities, as described in paragraph
(c)(2)(B) above, (2) in the case of an erroneous Reference Price, as
described in paragraph (c)(1)(C) above,\25\ or (3) in other
circumstances, such as, for example, relevant news impacting a security
or securities, periods of extreme market volatility, sustained
illiquidity, or widespread system issues, where use of a different
Reference Price is necessary for the maintenance of a fair and orderly
market and the protection of investors and the public interest,
provided that such circumstances occurred during the Pre-Market Session
or Post-Market Session or are eligible for review pursuant to paragraph
(c)(1)(A).
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    \25\ As discussed above, in the case of (c)(1)(C)(1), the
Exchange would consider a number of factors to determine a new
Reference Price that is based on the theoretical value of the
security, including but not limited to, the offering price of the
new issue, the ratio of the stock split applied to the prior day's
closing price, the theoretical price derived from the numerical
terms of the corporate action transaction such as the exchange ratio
and spin-off terms, and the prior day's closing price on the OTC
market for an OTC up-listing. In the case of (c)(1)(C)(2), the
Reference Price will be the last effective Price Band that was in a
limit state before the Trading Pause.
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Appeals
    As described more fully below, the Exchange proposes to eliminate
paragraph (f), System Disruption or Malfunction. Accordingly, the
Exchange proposes to remove from paragraph (e)(2), Appeals, each
reference to paragraph (f), and include language referencing proposed
paragraph (g), Transactions Occurring Outside of the LULD Bands.
System Disruption or Malfunction
    To conform with the structural changes described above, the
Exchange proposes to remove paragraph 11.270(f), System Disruption or
Malfunction, combine paragraph (c)(1)(C) with paragraph (c)(1)(B), and
remove the reference to a trading halt in paragraph (c)(1)(C) to make
clear that Trading Halts are subject to proposed paragraph (i).
Specifically, as described in proposed paragraph (c)(1)(B) above,
transactions occurring during the Regular Market Session that are
executed outside of the LULD Price Bands due to an Exchange technology
or system issue, may be subject to clearly erroneous review pursuant to
proposed paragraphs 11.270(g). Proposed paragraph 11.270 (c)(1)(B)
further provides that a transaction subject to review pursuant to this
paragraph shall be found to be clearly erroneous if the price of the
transaction to buy (sell) that is the subject of the complaint is
greater than (less than) the Reference Price, described in paragraph
(d), by an amount that equals or exceeds the applicable Percentage
Parameter defined in Appendix A to the LULD Plan.
Officer Acting on Own Motion
    The Exchange proposes to renumber paragraph (g) to paragraph (f)
based on the proposal to eliminate existing paragraph (f). The Exchange
also proposes to update references throughout the paragraph to conform
to the structural changes to the Rule.
Securities Subject to Limit Up-Limit Down Plan
    The Exchange proposes to renumber paragraph (h) to paragraph (g)
based on the proposal to eliminate existing paragraph (f), and to
rename the paragraph to provide for transactions occurring outside of
LULD Price Bands. Given that proposed paragraph (c)(1) defines the LULD
Plan, the Exchange also proposes to eliminate redundant language from
proposed paragraph (h). Finally, the Exchange also proposes to update
references to the LULD Plan and Price Bands so that they are uniform
throughout the Rule and to update rule references throughout the
paragraph to conform to the structural changes to the Rule described
above.
Multi-Day Event and Trading Halts
    The Exchange proposes to renumber paragraphs (i) and (j) to
paragraphs (h) and (i), respectively, based on the proposal to
eliminate existing paragraph (f). Additionally, the Exchange proposes
to modify the text of both paragraphs to reference the Percentage
Parameters as well as the Numerical Guidelines. Specifically, the
existing text of proposed paragraphs (h) and (i) provides that any
action taken in connection with this paragraph will be taken without
regard to the Numerical Guidelines set forth in this Rule. The Exchange
proposes to amend the rule text to provide that any action taken in
connection with this paragraph will be

taken without regard to the Percentage Parameters or Numerical
Guidelines set forth in this Rule, with the Percentage Parameters being
applicable to an NMS Stock subject to the LULD Plan and the Numerical
Guidelines being applicable to an NMS Stock not subject to the LULD
Plan.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\26\ in general, and
Section 6(b)(5) of the Act,\27\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \26\ 15 U.S.C. 78f(b).
    \27\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it is consistent with just and equitable
principles of trade to limit the availability of clearly erroneous
review during the Regular Market Session. The Plan was approved by the
Commission to operate on a permanent rather than pilot basis. As a
number of market participants have noted, the LULD Plan provides
protections that ensure that investors' orders are not executed at
prices that may be considered clearly erroneous. Further, amendments to
the LULD Plan approved in Amendment Eighteen serve to ensure that the
Price Bands established by the LULD Plan are ``appropriately tailored
to prevent trades that are so far from current market prices that they
would be viewed as having been executed in error.'' \28\ Thus, the
Exchange believes that clearly erroneous review should only be
necessary in very limited circumstances during the Regular Market
Session. Specifically, such review would only be necessary in instances
where a transaction was not subject to the LULD Plan, or was the result
of some form of systems issue, as detailed in the purpose section of
this proposed rule change. Additionally, in narrow circumstances where
the transaction was subject to the LULD Plan, a clearly erroneous
review would be available in the case of (1) a corporate action or new
issue or (2) a security that enters a Trading Pause pursuant to LULD
and resumes trading without an auction, where the Reference Price is
determined to be erroneous by an Officer of the Exchange because it
clearly deviated from the theoretical value of the security. Thus,
eliminating clearly erroneous review in all other instances will serve
to increase certainty for Members and investors that trades executed
during the Regular Market Session would typically stand and would not
be subject to review.
---------------------------------------------------------------------------

    \28\ See Amendment Eighteen, supra note 5.
---------------------------------------------------------------------------

    Given the fact that clearly erroneous review would largely be
limited to transactions that were not subject to the LULD Plan, the
Exchange also believes that it is necessary to change the parameters
used to determine whether a trade is clearly erroneous. Specifically,
due to the different parameters currently used for clearly erroneous
review and for determining Price Bands, it is possible that a trade
that would have been permitted to execute within the Price Bands would
later be deemed clearly erroneous, if, for example, a systems issue
prevented the dissemination of the Price Bands. The Exchange believes
that this result is contrary to the principle that trades within the
Price Bands should stand, and has the potential to cause investor
confusion if trades that are properly executed within the applicable
parameters described in the LULD Plan are later deemed erroneous. By
using consistent parameters for clearly erroneous reviews conducted
during the Regular Market Session and the calculation of the Price
Bands, the Exchange believes that this change would also serve to
promote greater certainty with regards to when trades may be deemed
erroneous.
    Finally, the proposed rule changes make organizational updates to
the Exchange's Clearly Erroneous Execution Rule as well as minor
updates and corrections to the Rule to improve readability and clarity.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal would ensure
the continued, uninterrupted operation of harmonized clearly erroneous
execution rules across the U.S. equities markets while also amending
those rules to provide greater certainty to Members and investors that
trades will stand if executed during the Regular Market Session where
the LULD Plan provides adequate protection against trading at erroneous
prices. The Exchange understands that the other national securities
exchanges and FINRA will also file similar proposals, the substance of
which are identical to this proposal. Thus, the proposed rule change
will help to ensure consistency across SROs without implicating any
competitive issues.

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

    No comments were solicited or received on the proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \29\ and Rule 19b-4(f)(6) thereunder.\30\
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 \31\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\32\
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \32\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \33\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \34\ 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 asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative on October 1, 2022. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest, as it will allow the
Exchange to coordinate its implementation of the revised clearly
erroneous execution rules with the other national securities exchanges
and FINRA, and will help ensure consistency across the SROs.\35\ For
this reason, the Commission hereby waives the 30-day operative delay
and

designates the proposed rule change as operative upon filing.\36\
---------------------------------------------------------------------------

    \33\ 17 CFR 240.19b-4(f)(6).
    \34\ 17 CFR 240.19b-4(f)(6)(iii).
    \35\ See SR-CboeBZX-2022-37 (July 8, 2022).
    \36\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-LTSE-2022-05 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-LTSE-2022-05. 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 such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. 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-LTSE-2022-05 and should be submitted on
or before October 19, 2022.
---------------------------------------------------------------------------

    \37\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-20945 Filed 9-27-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3367-3368]
[FR Doc No: 2014-00936]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER14-525-001.
    Applicants: ISO New England Inc.
    Description: Rev. Related to FA for Non-Commercial Capacity in the
FCM to be effective 3/28/2014.
    Filed Date: 1/7/14.
    Accession Number: 20140107-5050.
    Comments Due: 5 p.m. ET 1/17/14.

    Docket Numbers: ER14-612-003.
    Applicants: Skylar Energy LP.
    Description: Skylar Market-Based Rate Tariff to be effective 1/16/
2014.
    Filed Date: 1/7/14.
    Accession Number: 20140107-5080.
    Comments Due: 5 p.m. ET 1/14/14.

    Docket Numbers: ER14-713-001.
    Applicants: ISO New England Inc.
    Description: Conforming Filing of Effective Language to be
effective 12/17/2013.
    Filed Date: 1/7/14.
    Accession Number: 20140107-5073.
    Comments Due: 5 p.m. ET 1/17/14.

    Docket Numbers: ER14-957-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3687; Queue No. Y3-027
to be effective 12/12/2013.
    Filed Date: 1/7/14.
    Accession Number: 20140107-5054.
    Comments Due: 5 p.m. ET 1/28/14.

    Docket Numbers: ER14-958-000.
    Applicants: Public Service Company of New Mexico.
    Description: Certificates of Concurrence to be effective 12/30/
2013.
    Filed Date: 1/7/14.
    Accession Number: 20140107-5057.
    Comments Due: 5 p.m. ET 1/28/14.

    Docket Numbers: ER14-959-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits Nobel Americas Energy Solutions
NITSA Rev 6 to be effective 1/1/2014.
    Filed Date: 1/7/14.
    Accession Number: 20140107-5070.
    Comments Due: 5 p.m. ET 1/28/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For

other information, call<PHONE_NUMBER> (toll free). For TTY, call (202)
502-8659.

    Dated: January 7, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-00936 Filed 1-17-14; 8:45 am]
BILLING CODE 6717-01-P


Memorandum reviewing elements of ventilation capital costs. ERG. May 30, 2014

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

		MEMORANDUM

To:	Robert Burt, Robert Stone, Bob Blicksilver, OSHA
From:	John Eyraud, ERG
Date:	May 30, 2014
Subject:	Review of capital costs for ventilation systems
*************************************************************************************
In the Preliminary Economic Assessment (PEA), ERG estimated the capital costs of ventilation systems at $11/cubic foot per minute (cfm) of ventilation capacity. ERG used this estimate in estimating the capital costs for all ventilation enhancements required in general industry. Inflating this cost to 2009 dollars for the regulatory analysis, ERG estimated the capital costs at $12.83 per cfm. (The estimate has not been inflated beyond 2009.) Industry commented that the ventilation capital cost estimate was too low. URS, a commenter to the Silica Public Docket, referred to an estimate of capital expenditures for dust collectors in an EPA publication (EPA, n.d.), which estimated capital costs for large dust collection baghouses at $6 to $26 per cfm.
To consider the industry comments, ERG assembled information on actual ventilation installations related to reduction of silica exposures. ERG contracted with Air Industries of New England to compile information on ventilation enhancements and to determine or estimate ventilation costs. Air Industries of New England examined database files to which it had access through its affiliation with Donalson Torit, a manufacturer of dust collection equipment. This firm identified 6 ventilation installations to reduce silica dust exposures, as derived from the company files. For these installations, the firm compiled information on the types of ventilation equipment installed and then estimated the current (2014) cost of the equipment. The 6 examples include installations in the facilities producing refractory ingredients, rubber, adhesives, glass, and silica desiccants. While two of the installations occurred in foreign countries, the cost data applied is equivalent to that which is applicable for US installations. The installations also included foundries performing sand casting. Table 1 summarizes the information compiled.
Air Industries of New England also estimated the costs for four hypothetical installations. Because there were no large installations in their database, they created hypothetical installations with larger air volumes. These were intended to help define the average costs over a realistic range of possible installations.
Table 1 presents the summary of capital and installation costs applicable or estimated to be applicable for these cases. For the dust collection equipment, the average cost per cfm is calculated at $8.42 per cfm. This estimate is in the lower range of the costs estimated for dust collection in the EPA document referenced above. The total capital cost for the equipment, prior to installation, was calculated at $12.65 per cfm on average.

Table 1. Summary of Actual Recent Ventilation Installations and Selected Hypothetical Ventilation Installations to Reduce Silica Exposures

                                  System No.
                                      CFM
                                     (000)
                           Air to Material Ratio (a)
                           Dust Collector Model (b)
                                    Fan HP
                            Dust Collector Cost (c)
                         Dust  Collector Cost ($/cfm)
                                    Freight
                           Main Trunk Diameter (in.)
                                  Ducting (d)
                           Total Equipment Cost (e)
                                 Cost per cfm
                                   Location
                   Installation (at 50% of Eq. Cost, $/cfm)
                       Total (w/50% Installation, $/cfm)

                                                                              1
                                                                             14
                                                                            5.3
                                  162 MBT 10
                                      50
                                                                        $87,284
                                                                          $6.23
                                                                         $9,500
                                      24
                                                                        $38,550
                                                                       $135,334
                                                                          $9.66
                                      MX
                                                                          $4.83
                                                                         $14.49
                                                                              2
                                                                            1.1
                                                                            4.5
                                    UMA 250
                                      10
                                                                        $14,450
                                                                         $13.14
                                                                         $4,500
                                       7
                                                                         $7,800
                                                                        $26,750
                                                                         $24.31
                                      OH
                                                                         $12.16
                                                                         $36.47
                                                                              3
                                                                           2.81
                                                                           1.23
                                   DFT 3-12
                                      15
                                                                        $43,400
                                                                         $15.44
                                                                         $6,600
                                      11
                                                                         $9,500
                                                                        $59,500
                                                                         $21.17
                                      TX
                                                                         $10.59
                                                                         $31.76
                                                                              4
                                                                              2
                                                                           1.31
                                    DFT 2-8
                                      15
                                                                        $34,450
                                                                         $17.23
                                                                         $5,500
                                       9
                                                                         $8,200
                                                                        $48,150
                                                                         $24.08
                                      MD
                                                                         $12.04
                                                                         $36.12
                                                                              5
                                                                            3.5
                                                                            2.3
                                    DFT 2-8
                                      20
                                                                        $38,488
                                                                         $11.00
                                                                         $6,500
                                      12
                                                                        $11,200
                                                                        $56,188
                                                                         $16.05
                                     Aus.
                                                                          $8.03
                                                                         $24.08
                                                                           6(f)
                                                                             20
                                                                           2.19
                                   DFT 3-48
                                      50
                                                                        $95,604
                                                                          $4.78
                                                                        $12,500
                                      30
                                                                        $41,550
                                                                       $149,654
                                                                          $7.48
                                      US
                                                                          $3.74
                                                                         $11.22
                                                                           7(f)
                                                                             30
                                                                           2.47
                                   DFT 4-64
                                      75
                                                                       $121,250
                                                                          $4.04
                                                                        $18,500
                                      36
                                                                        $42,440
                                                                       $182,150
                                                                          $6.07
                                      US
                                                                          $3.04
                                                                          $9.11
                                                                           8(f)
                                                                             40
                                                                           2.63
                                   DFT 4-80
                                      100
                                                                       $149,860
                                                                          $3.75
                                                                        $22,000
                                      40
                                                                        $52,450
                                                                       $224,310
                                                                          $5.06
                                      US
                                                                          $2.80
                                                                          $7.86
                                                                           9(f)
                                                                             50
                                                                           2.35
                                   DFT 4-112
                                      150
                                                                       $185,000
                                                                          $3.70
                                                                        $24,000
                                      48
                                                                        $65,700
                                                                       $274,700
                                                                          $5.49
                                      US
                                                                          $2.75
                                                                          $8.24
                                                                          10(f)
                                                                             25
                                                                           2.19
                                   DFT 3-60
                                      75
                                                                       $122,030
                                                                          $4.88
                                                                        $14,500
                                      32
                                                                        $42,700
                                                                       $179,230
                                                                          $7.17
                                      US
                                                                          $3.58
                                                                         $10.75

                                                                          $8.42

Average cost per cfm before Installation
                                                                        $12.65

                                                                         $19.01
(a) Air to Material Ratio refers to the volumetric flow rate of air flowing through a dust collectors inlet duct divided by the total media area in the filter.

(b) Refers to model number for Donaldson Torit line of dust collectors

(c) Includes dust collector, fan, and controls

(d) Ducting must be all 10 ga due to the abrasive properties of Silica

(e) Includes dust collector, freight, and ducting equipment costs.

(f) Refers to hypothetical examples of representative installations.

Source: Compiled and estimated for ERG by Air Industries of New England.

 A large and variable factor in the total capital cost is the installation cost. Air Industries of New England judged that a 50 percent factor for installation costs was as representative a figure as they could develop. Given the capital cost figure, this factor added $6.33 to the total capital cost. The total capital cost for these installations was calculated at $19.01 per cfm on average.

References
EPA, n.d. Air Pollution Control Technology-Fact Sheet. Fabric Filter-Pulse-Jet Cleaned Type. EPA 425/F-03-025

URS, 2014. Silica PEL Operating Cost Model. Excel. OSHA Silica Docket.


[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Proposed Rules]
[Pages 12184-12185]
[FR Doc No: 2017-03929]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2016-D-4120]

Fruit Juice and Vegetable Juice as Color Additives in Food; Draft
Guidance for Industry; Reopening of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; reopening of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is reopening the
comment period for the notice entitled ``Fruit Juice and Vegetable
Juice as Color Additives in Food; Draft Guidance for Industry'' that
appeared in the Federal Register of December 14, 2016. The draft
guidance, when finalized, will help manufacturers determine whether a
color additive derived from a plant material meets the specifications
under certain FDA color additive regulations. We are taking this action
in response to requests to allow interested persons additional time to
submit comments.

DATES: FDA is reopening the comment period for the proposed rule
published December 14, 2016 (81 FR 90267). Submit either electronic or
written comments by May 1, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-4120 for ``Fruit Juice and Vegetable Juice as Color
Additives in Food; Draft Guidance for Industry.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Division of Dockets Management. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Laura A. Dye, Center for Food Safety
and Applied Nutrition (HFS-265), Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 14, 2016
(81 FR 90267), we published a notice of availability of a draft
guidance for industry entitled ``Fruit Juice and Vegetable Juice as
Color Additives in Food.'' The draft guidance, when finalized, will
help manufacturers determine whether a color additive derived from a
plant material meets the specifications for fruit juice under Sec.
73.250 (21 CFR 73.250) or vegetable juice under Sec.  73.260 (21 CFR
73.260). Although you can comment on any guidance at any time, to
ensure that we consider comments on this draft guidance before we begin
work on the final version, interested persons were originally given
until February 13, 2017, to comment on the draft guidance.
    We have received requests to extend the comment period for the
draft guidance. The requests conveyed concern that the original 60-day
comment period would not allow sufficient time to develop a meaningful
or thoughtful response to various issues presented in the draft
guidance and to our interpretation of our regulations. We have
considered the requests but were unable to issue a document extending
the comment period for the draft guidance before February 13, 2017.
Consequently, we are reopening the comment period for an additional 60
days. Interested parties have until May 1, 2017. We believe that this
action allows adequate time for interested persons to submit comments
on the draft guidance without significantly delaying finalizing the
guidance.

    Dated: February 23, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-03929 Filed 2-28-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: June 24, 2010 (Volume 75, Number 121)]
[Rules and Regulations]
[Page 35970-35973]
[DOCID:fr24jn10-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0214]
RIN 1625-AA00

Safety Zone; North Jetty, Named the Barview Jetty, Tillamook Bay,
OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone
surrounding the north jetty, named the Barview Jetty near Tillamook
Bay, Oregon. The safety zone is necessary to help ensure the safety of
work crews and the maritime public while the jetty is being repaired
and will do so by prohibiting all persons and vessels from entering or
remaining within 250 feet of the jetty unless specifically authorized
by the Captain of the Port or his designated representative.

DATES: Effective Date: This rule is effective in the CFR from June 24,
2010 until 11:59 p.m. on September 30, 2010. This rule is effective
with actual notice for purposes of enforcement beginning 12:01 a.m. on
June 15, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0214 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0214 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail MST1 Jaime Sayers, Waterways Management Branch, Coast
Guard Sector Portland; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 28, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; North Jetty, Named the Barview Jetty,
Tillamook Bay, OR'' in the Federal Register (75 FR 22336). We received
one comment on the proposed rule. There were no requests for a public
meeting and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    The north jetty, named the Barview Jetty, near Tillamook Bay,
Oregon has deteriorated to the point that the United States Army Corps
of Engineers has contracted Kiewit Corporation to repair the jetty. The
repairs will begin on June 15, 2010 and will involve the use of a track
mounted Manitowoc 18,000 lb crane with as much as 200 feet of boom. The
crane will be used to move large granite boulders weighing
approximately 20 to 50 tons each by lifting them up, circling them out
over the waterway on either side of the north jetty, and placing them
into the jetty.
    Due to the inherent dangers associated with such operations, the
safety zone created by this rule is necessary to help ensure the safety
of work crews and the maritime public while the jetty is being
repaired. It will do so by prohibiting all persons and vessels from
entering or remaining in the zone when work is being conducted on the
jetty unless specifically authorized by the Captain of the Port or his
designated representative.

Discussion of Comments and Changes

    The Coast Guard received one comment on this safety zone regarding
the ability of surfers to use the ``rip adjacent to the jetty to get
out to the breaking waves.'' The Coast Guard agrees the temporary
safety zone will restrict access to the area, and we have made a change
to the rule in light of this comment by adding language that the safety
zone will be enforced when work is being conducted on the jetty,
between the hours of 5:30 a.m. and 7:30 p.m. Monday through Saturday,
unless otherwise required. The purpose of the safety zone is to protect
the public from the dangers associated with the construction project
and due to safety concerns the area may be closed to public access by
the company working on the jetty. The public will be notified of the
enforcement and suspension of enforcement of the safety zone by
Broadcast Notice to Mariners in accordance with the procedures outlined
in this regulation.

Discussion of Rule

    The safety zone created by this rule will cover all waters
surrounding the Barview jetty within 250 feet starting at latitude
45[deg]34'12'' N, longitude 123[deg]57'31'' W; thence heading offshore
to latitude 45[deg]34'12'' N, longitude 123[deg]57'58'' W; thence
across the tip of the jetty to latitude 45[deg]34'17.5'' N, longitude
123[deg]57'58'' W; thence back inland to latitude 45[deg]34'15'' N,
longitude 123[deg]57'31'' W. All persons and vessels will be prohibited
from entering or remaining in the zone unless specifically authorized
by the Captain of the Port or his designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this regulation restricts access
to the safety zone, the effect of the rule will not be significant
because: (i) The safety zone will only be in effect during the 3\1/2\
months repairs are being made to the north jetty, named the Barview
Jetty; (ii) the zone is of limited size; and (iii) maritime traffic
will be able to transit the zone with the permission of the Captain of
the Port or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: The owners or operators of vessels wishing to
transit the safety zone established by this rule. The rule will not
have a significant economic impact on a substantial number of small
entities, however, because the safety zone will only be in effect
during the 3\1/2\ months repairs are being made to the north jetty,
named the Barview Jetty, and maritime traffic will be able to transit
the zone with the permission of

the Captain of the Port or his designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g) of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T13-137 to read as follows:

Sec.  165.T13-137  Safety Zone; North Jetty, Named the Barview Jetty,
Tillamook Bay, OR.

    (a) Location. The following area is a safety zone: All waters
within a 250 feet radius of the north jetty, named the Barview Jetty,
near Tillamook Bay, Oregon starting at latitude 45[deg]34'12'' N,
longitude 123[deg]57'31'' W; thence heading offshore to latitude
45[deg]34'12'' N, longitude 123[deg]57'58'' W; thence across the tip of
the jetty to latitude 45[deg]34'17.5'' N, longitude 123[deg]57'58'' W;
thence back inland to latitude 45[deg] 34' 15'' N, longitude
123[deg]57'31'' W.
    (b) Regulations. In accordance with the general regulations in
Sec.  165.23, no

person may enter or remain in the safety zone created in paragraph (a)
of this section or bring, cause to be brought, or allow to remain in
the safety zone created in paragraph (a) of this section any vehicle,
vessel or object unless authorized by the Captain of the Port or his
designated representative.
    (c) Enforcement. The safety zone will be enforced daily June 15,
2010 through September 31, 2010 between the hours of 5:30 a.m. and 7:30
p.m.
    (1) The Captain of the Port, Sector Portland, will notify the
public of the enforcement and suspension of enforcement of the safety
zone established by this section via any means that will provide as
much notice as possible to the public. These means might include some
or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
local Notice to Mariners.
    (d) Effective Period. The safety zone created in paragraph (a) of
this section will be in effect from 12:01 a.m. June 15, 2010 until
11:59 p.m. September 30, 2010 while work is being conducted on the
jetty.

    Dated: June 11, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-15273 Filed 6-23-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Proposed Rules]
[Page 45447]
[FR Doc No: 2016-16455]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0106; FRL-9948-94-Region 4]

Air Plan Approval; NC; Fine Particulate Matter National Ambient
Air Quality Standards Revision

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of North Carolina, through the North Carolina Department of
Environmental Quality's (NCDEQ) Division of Air Quality (DAQ) on
December 11, 2015, that incorporates amendments to the state rules
reflecting the 2012 national ambient air quality standards for fine
particulate matter. EPA is approving this SIP revision because the
State has demonstrated that it is consistent with the Clean Air Act.

DATES: Written comments must be received on or before August 15, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0106 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Sanchez can be reached via telephone at<PHONE_NUMBER>
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal
Register, EPA is approving the State's implementation plan revision as
a direct final rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.

    Dated: June 30, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-16455 Filed 7-13-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52590]
[DOCID:fr26au10-113]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Program Management Committee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Program Management Committee meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the RTCA Program Management Committee.

DATES: The meeting will be held September 15, 2010 from 8:30 a.m. to
1:30 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 850, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Program Management Committee meeting. The
agenda will include:
     Opening Plenary (Welcome and Introductions).
     Review/Approve Summary of June 10, 2010 PMC meeting, RTCA
Paper No. 136-10/PMC-803.
     Publication Consideration/Approval.
     Final Draft, Revised DO-315, Minimum Aviation System
Performance Standards (MASPS) for Enhanced Vision Systems, Synthetic
Vision Systems, Combined Vision Systems and Enhanced Flight Vision
Systems, RTCA Paper No. 142-10/PMC-805, prepared by SC-213.
     Integration And Coordination Committee (ICC)--Report.
     ICC Review of RTCA Weather Information Data-Link Related
Activities--Further Recommendations.
     SC-206--Aeronautical Information Services (AIS) Data
Link--Discussion--Recommendation--Revised Terms of Reference.
     Action Item Review.
     SC-186--Automatic Dependent Surveillance--Broadcast--
Review/Approve Revised Terms of Reference.
     FAA Update on Airborne SWIM.
     Discussion.
     SC-213--Enhanced Flight Vision Systems/Synthetic Vision
Systems, (EFVS/SVS)--Discussion--Revised Terms of Reference.
     SC-216--Aeronautical Systems Security--Status and Briefing
on Future Activities and Revised Terms of Reference.
     SC-186/WG-51 Ad Hoc on ADS-B Application Standards Flow
and the Role of Safety and Performance Requirements (SPRs).
     Airport Security Access Control Systems--Discussion--
Possible New Special Committee.
     Trajectory Operations--Discussion--Status.
     NextGen Advisory Committee--Discussion--Status.
     Special Committees--Chairmen's Reports.
     Closing Plenary (Other Business, Document Production and
PMC Meeting Schedule Meeting, Adjourned).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section.
    Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC, on August 18, 2010.
Robert L. Bostiga,
RTCA Advisory Committee.
[FR Doc. 2010-21213 Filed 8-25-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78682-78683]
[FR Doc No: 2022-27857]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP23-287-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Volume No. 2--EQT SP77253 Neg-
Non Conf Amend Exhibit A-4.1.1 to be effective 12/17/2022.
    Filed Date: 12/15/22.
    Accession Number: 20221215-5113.
    Comment Date: 5 p.m. ET 12/27/22.

    Docket Numbers: RP23-288-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: Sec.  4(d) Rate Filing: PNGTS--Castleton Negotiated
Rate Agmt to be effective 12/15/2022.
    Filed Date: 12/15/22.
    Accession Number: 20221215-5166.
    Comment Date: 5 p.m. ET 12/27/22.

    Docket Numbers: RP23-289-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: Compliance filing: 2022 Fuel Mechanism Report to be
effective N/A.
    Filed Date: 12/15/22.
    Accession Number: 20221215-5174.
    Comment Date: 5 p.m. ET 12/27/22.

    Docket Numbers: RP23-290-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Compliance filing: Penalty Revenue Crediting Report
2022 to be effective N/A.
    Filed Date: 12/16/22.
    Accession Number: 20221216-5093.
    Comment Date: 5 p.m. ET 12/28/22.

    Docket Numbers: RP23-291-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Compliance filing: Penalty Revenue Crediting Report
2022 to be effective N/A.
    Filed Date: 12/16/22.
    Accession Number: 20221216-5107.
    Comment Date: 5 p.m. ET 12/28/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211

and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on
or before 5:00 p.m. Eastern time on the specified comment date.
Protests may be considered, but intervention is necessary to become a
party to the proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 16, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-27857 Filed 12-21-22; 8:45 am]
BILLING CODE 6717-01-P