[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50049-50050]
[FR Doc No: 2019-20656]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-4203]

Bone, Reproductive and Urologic Drugs Advisory Committee; Notice
of Meeting; Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Bone, Reproductive and
Urologic Drugs Advisory Committee. The general function of the
committee is to provide advice and recommendations to FDA on regulatory
issues. The meeting will be open to the public. FDA is establishing a
docket for public comment on this document.

DATES: The meeting will be held on October 29, 2019, from 8:15 a.m. to
5 p.m.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31,
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2019-N-4203. The docket will close on October
28, 2019. Submit either electronic or written comments on this public
meeting by October 28, 2019. Please note that late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before October 28, 2019. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. Eastern
Time at the end of October 28, 2019. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are postmarked or the delivery service acceptance
receipt is on or before that date.
    Comments received on or before October 15, 2019, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    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): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, 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-2019-N-4203 for ``Bone, Reproductive and Urologic Drugs Advisory
Committee; Notice of Meeting; Establishment of a Public Docket; Request
for Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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.'' FDA 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 Dockets Management Staff. If you do not wish your name
and contact information 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 the 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: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    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 Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kalyani Bhatt, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, Fax:<PHONE_NUMBER>, email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting

cannot always be published quickly enough to provide timely notice.
Therefore, you should always check the FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the
appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The committee will discuss supplemental new drug
application (sNDA 021945/S-023#) for MAKENA (hydroxyprogesterone
caproate injection, 250 milligrams per milliliter) manufactured by AMAG
Pharmaceuticals. In 2011, MAKENA received approval under the
accelerated approval pathway (21 CFR part 314, subpart H, and section
506(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(c))
for reducing the risk of preterm birth in women with a singleton
pregnancy who have a history of singleton spontaneous preterm birth.
MAKENA was shown in the preapproval clinical trial to reduce the
proportion of women who delivered at less than 37 weeks gestation, a
surrogate endpoint that FDA determined was reasonably likely to predict
a clinical benefit of preterm birth prevention, such as improved
neonatal mortality and morbidity. As required under 21 CFR 314.510, the
Applicant conducted a postapproval confirmatory clinical trial to
verify and describe clinical benefit. AMAG Pharmaceuticals has
disclosed that this completed confirmatory trial did not demonstrate a
statistically significant difference between the treatment and placebo
arms for the co-primary endpoints of reducing the risk of recurrent
preterm birth or improving neonatal mortality and morbidity. The
committee will consider the trial's findings and the sNDA in the
context of AMAG Pharmaceuticals' confirmatory study obligation.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before October 15, 2019, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before October 4, 2019. Time allotted for each
presentation may be limited. If the number of registrants requesting to
speak is greater than can be reasonably accommodated during the
scheduled open public hearing session, FDA may conduct a lottery to
determine the speakers for the scheduled open public hearing session.
The contact person will notify interested persons regarding their
request to speak by October 7, 2019.
    Persons attending FDA's advisory committee meetings are advised
that FDA is not responsible for providing access to electrical outlets.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Kalyani Bhatt (see FOR FURTHER INFORMATION CONTACT) at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 17, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-20656 Filed 9-23-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Notices]
[Page 8298-8299]
[DOCID:fr24fe09-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59413; File No. SR-NSCC-2009-01]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Addendum O To Allow Admission of Entities That Are
Organized in a Country Other Than the U.S. for Admission as Limited
Members

February 18, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on January 28, 2009, the
National Securities Clearing Corporation (``NSCC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared primarily by NSCC. NSCC filed the proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-
4(f)(4) thereunder \3\ so that the proposal was effective upon filing
with the Commission. 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\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change will permit entities that are organized in
a country other than the United States and that are not otherwise
subject to U.S. Federal or State regulation to be eligible to become
Mutual Fund/Insurance Services Members, Fund Members, and Insurance
Carrier/Retirement Services Members.

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

    In its filing with the Commission, NSCC 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. NSCC 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

    Prior to this rule change, NSCC permitted entities that are
organized in a country other than the United States and that are not
otherwise subject to U.S. Federal or State regulation (``non-U.S.
entities'') to become Direct Clearing Corporation Members only. The
proposed rule change amends Addendum O to NSCC's Rules and Procedures
by expanding the types of membership categories available to non-U.S.
entities. Specifically, non-U.S. entities will be able to apply to be
Mutual Fund/Insurance Services Members, Fund Members, and Insurance
Carrier/Retirement Services Members.\4\
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    \4\ Rule 2 and Addendum B address admission of applicants as
members of NSCC. Admission of an applicant whose use of NSCC
services is limited to mutual fund services and/or insurance and
retirement processing services is subject to the following
provisions of Addendum B, depending on the particular capacity in
which the applicant seeks to act: Section 2 of Addendum B (Mutual
Fund/Insurance Services Members); Section 3 of Addendum B (Fund
Members); Section 4 of Addendum B (Insurance Carrier/Retirement
Services Members). NSCC has not yet established admission criteria
applicable to non-U.S entities that are insurance companies. NSCC
will file a proposed rule change extending Addendum O to such non-
U.S. applicants at such time as it has established applicable
criteria.
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    NSCC believes that such change is appropriate because the admission
process that is already in place is designed to mitigate the risks
posed to NSCC by admission of non-U.S. members. For example, admission
is subject to an applicant's demonstration that it meets reasonable
standards of financial responsibility, operational capability, and
character, and each member must continue to be in a position to
demonstrate to NSCC that it meets these standards as an ongoing
condition of membership.
    Furthermore, Addendum O to NSCC's rules establishes additional
admissions criteria applicable to non-U.S. entities that address the
unique risks associated with their admission, including: (1) That the
entity is not subject to U.S. Federal or State regulation; (2) that the
operation of the laws of the entity's home country and time zone
differences may impede the successful exercise of NSCC's rights and
remedies, particularly in the event of the entity's failure to settle;
and (3) that financial information about the non-U.S. entity made
available to NSCC for monitoring purposes may be less adequate than
information about U.S.-based entities.\5\ In addition to executing the
standard NSCC membership agreement, Addendum O requires that the non-
U.S. entity enter into a series of undertakings and agreements that are
designed to address jurisdictional concerns and to assure that NSCC is
provided with audited financial information in a format that is
acceptable to NSCC. The non-U.S. entity must also be subject to
regulation in its home country and be in good standing with its home
country regulator. In order to address the risks presented by
acceptance of financial statements prepared in non-U.S. GAAP, Addendum
O provides for a higher capital requirement than that otherwise
applicable for admission under NSCC rules.
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    \5\ Addendum O was adopted by NSCC pursuant to Securities
Exchange Act Release No. 58344, (Aug. 12, 2008), 73 FR 48413 (Aug.
19, 2008) [File No. SR-NSCC-2007-15]. Certain of the criteria set
forth in Addendum O may be waived where inappropriate to a
particular applicant or class of applicants (e.g., a foreign
government, international or national central securities
depositories).
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    NSCC believes that the proposed rule change is consistent with the
requirements of Section 17A(b)(3)(F) of the Act \6\ because the
proposed policy does not unfairly discriminate against non-U.S.
entities seeking admission to NSCC because it appropriately takes into
account the unique risks to the clearing corporation raised by their
admission.
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.

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

    NSCC has not solicited or received written comments relating to the
proposed rule change. NSCC will notify the Commission of any written
comments it receives.

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

    The foregoing rule change has become effective pursuant to Section

19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(4) \8\ thereunder
because it effects a change in an existing service of a registered
clearing agency that does not adversely affect the safeguarding of
securities and funds in the custody or control of the clearing agency
or for which it is responsible and does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(4).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NSCC-2009-01 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NSCC-2009-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. to 3 p.m. Copies of such filing also will be available for
inspection and copying at NSCC's principal office and on NSCC's Web
site at http://www.nscc.com/legal/index.html. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. NSCC-2009-01 and should be submitted on or
before March 17, 2009.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-3860 Filed 2-23-09; 8:45 am]

BILLING CODE 8011-01-P


Technical Support Document (TSD) for the Modeling and Weight of Evidence (WOE) Portions

of the State of Delaware’s Ozone State Implementation Plan (SIP) Entitled “Delaware State Implementation Plan

For Attainment of the 8-Hour Ozone National

Ambient Air Quality Standard

Reasonable Further Progress and

Attainment Demonstration, June 2007”

TSD Prepared January, 2009

Todd A. Ellsworth

Air Quality Analysis Branch, 3AP22

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

/S/

____________________________________________

Reviewed by Walter Wilkie, Chief

Air Quality Analysis Branch (3AP22)

January 6, 2009

_________________

Date Signed


[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Pages 9728-9729]
[FR Doc No: 2018-04594]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER12-1943-001; ER12-2529-001.
    Applicants: KODE Novus I, LLC, KODE Novus II, LLC.
    Description: Notice of Change in Status of KODE Novus I, LLC, et
al.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5180.
    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-224-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2018-02-28_Deficiency Response re
Certain MISO TOs revisions to Att Os for ADIT to be effective 1/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5185.
    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-224-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2018-02-28 Amendment to Certain MISO
TOs revisions to Attachment O for ADIT to be effective 1/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5186.
    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-718-002.
    Applicants: Guzman Energy Partners LLC.
    Description: Tariff Amendment: Market-Based Rate Tariff #1
Amendment to be effective 10/4/2017.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5105.
    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-936-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: SP Pawpaw Solar LGIA
Amendment Filing to be effective 2/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5207.
    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-937-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2018-02-28 Refund requirements for
non-public utility TOs re EL16-99; EL18-18 to be effective 10/26/2017.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5211.
    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-937-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2018-02-28 Refund requirements for
non-public utility TOs re EL16-99; EL18-18 to be effective 10/26/2017.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5226.
    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-938-000.
    Applicants: Matador Power Marketing, Inc.
    Description: Baseline eTariff Filing: Baseline new to be effective
4/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5222, 20180228-5283.
    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-939-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Membership Agreement Revisions in
Response to Orders in EL16-91 and EL18-19 to be effective 8/1/2018.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5234.
    Comments Due: 5 p.m. ET 3/21/18.

    Docket Numbers: ER18-940-000.
    Applicants: ISO New England Inc.
    Description: Twelfth Forward Capacity Auction Results of ISO New
England Inc.
    Filed Date: 2/28/18.
    Accession Number: 20180228-5279.
    Comments Due: 5 p.m. ET 4/13/18.

    Docket Numbers: ER18-942-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits ECSA Nos. 4922,
4923 and 4924 to be effective 5/1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5103.
    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-943-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Pacific Wind
Development (Karankawa 2) IA to be effective 2/8/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5104.
    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-944-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.

    Description: Sec.  205(d) Rate Filing: Tariff Revisions Related to
a Market Participant's FCM Financial Assurance Req. to be effective 6/
1/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5158.
    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-945-000.
    Applicants: Mid-Atlantic Interstate Transmission, LL, Trans-
Allegheny Interstate Line Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT and TrAIL Co submit
Interconnection Agreement Nos. 3743, 4577 and 4578 to be effective 2/1/
2017.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5198.
    Comments Due: 5 p.m. ET 3/22/18.

    Docket Numbers: ER18-946-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Pulaski County Solar 2
(Hawkinsville 2 Solar) LGIA Filing to be effective 2/14/2018.
    Filed Date: 3/1/18.
    Accession Number: 20180301-5216.
    Comments Due: 5 p.m. ET 3/22/18.

    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<PHONE_NUMBER>.

    Dated: March 1, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-04594 Filed 3-6-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Page 61594]
[FR Doc No: 2012-24826]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-7-000]

Indiana Municipal Power Agency; Notice of Filing

    Take notice that on October 1, 2012, Indiana Municipal Power Agency
filed its Revised and Superseding Proposed Revenue Requirement for
reactive supply service under Midwest Independent Transmission System
Operator, Inc. Tariff Schedule 2.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 22, 2012.

    Dated: October 2, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24826 Filed 10-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Notices]
[Pages 57611-57614]
[FR Doc No: 2012-22909]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67836; File No. SR-NYSEArca-2012-100]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Amend NYSE Arca
Options Rule 6.96 by Adding a New Paragraph (c) That Addresses the
Authority of the Exchange or Archipelago Securities LLC (``Arca
Securities'') To Cancel Orders When a Technical or Systems Issue Occurs
and To Describe the Operation of an Error Account for Arca Securities

September 12, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'')\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 4, 2012, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Arca Options Rule 6.96 by
adding a new paragraph (c) that addresses the authority of the Exchange
or Archipelago Securities LLC (``Arca Securities'') to cancel orders
when a technical or systems issue occurs and to describe the operation
of an error account for Arca Securities. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Options Rule 6.96 by
adding a new paragraph (c) that addresses the authority of the Exchange
or Arca Securities to cancel orders when a technical or systems issue
occurs and to describe the operation of an error account for Arca
Securities.\4\
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    \4\ Arca Securities is a facility of the Exchange. Accordingly,
under NYSE Arca Rule 6.96, the Exchange is responsible for filing
with the Commission rule changes and fees relating to Arca
Securities' functions. In addition, the Exchange is using the phrase
``Arca Securities or the Exchange'' in this rule filing to reflect
the fact that a decision to take action with respect to orders
affected by a technical or systems issue may be made in the capacity
of Arca Securities or the Exchange depending on where those orders
are located at the time of that decision.
---------------------------------------------------------------------------

    Arca Securities is an approved routing broker of the Exchange,
subject to the conditions listed in NYSE Arca Options Rule 6.96.\5\
When necessary, the Exchange may utilize Arca Securities to provide
outbound routing services from itself to routing destinations of Arca
Securities (``routing destinations''). When Arca Securities routes
orders to a routing destination, it does so by sending a corresponding
order in its own name to the routing destination. In the normal course,
routed orders that are executed at routing destinations are submitted
for clearance and settlement in the name of Arca Securities, and Arca
Securities arranges for any resulting securities positions to be
delivered to the OTP Holder or OTP Firm that submitted the
corresponding order to the Exchange. However, from time to time, the
Exchange and Arca Securities encounter situations in which it becomes
necessary to cancel orders and resolve error positions.\6\
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    \5\ The Exchange currently relies on non-affiliate third-party
broker-dealers to provide outbound routing services (i.e., third-
party Routing Brokers). In those cases, orders are submitted to the
third-party Routing Broker through Arca Securities, the third-party
Routing Broker routes the orders to the routing destination in its
name, and any executions are submitted for clearance and settlement
in the name of Arca Securities so that any resulting positions are
delivered to Arca Securities upon settlement. As described above,
Arca Securities normally arranges for any resulting positions to be
delivered to the OTP Holder or OTP Firm that submitted the
corresponding order to the Exchange. If error positions (as defined
in proposed Rule 6.96(c)(2)) result in connection with the
Exchange's use of a third-party Routing Broker for outbound routing,
and those positions are delivered to Arca Securities through the
clearance and settlement process, Arca Securities would be permitted
to resolve those positions in accordance with proposed Rule 6.96(c).
If the third-party Routing Broker received error positions in
connection with its role as a routing broker for the Exchange, and
the error positions were not delivered to Arca Securities through
the clearance and settlement process, then the third-party Routing
Broker would resolve the error positions itself, and Arca Securities
would not be permitted to accept the error positions, as set forth
in proposed Rule 6.96(c)(2)(B).
    \6\ The examples described in this filing are not intended to be
exclusive. Proposed NYSE Arca Rule 6.96(c) would provide general
authority for the Exchange or Arca Securities to cancel orders in
order to maintain fair and orderly markets when technical and
systems issues are occurring, and Rule 6.96(c) also would set forth
the manner in which error positions may be handled by the Exchange
or Arca Securities. The proposed rule change is not limited to
addressing order cancellation or error positions resulting only from
the specific examples described in this filing.
---------------------------------------------------------------------------

Examples of Circumstances That May Lead to Canceled Orders
    A technical or systems issue may arise at Arca Securities, a
routing destination, or the Exchange that may cause the Exchange or
Arca Securities to take steps to cancel orders if the Exchange or Arca
Securities determines that such action is necessary to maintain a fair
and orderly market. The examples set forth below describe some of the
circumstances in which the Exchange or Arca Securities may decide to
cancel orders.
    Example 1. If Arca Securities or a routing destination experiences
a technical or systems issue that results in Arca Securities not
receiving responses to immediate or cancel (``IOC'') orders that it
sent to the routing destination, and that issue is not resolved in a
timely manner, Arca Securities or the Exchange would seek to cancel the
routed orders affected by the issue.\7\ For instance, if

Arca Securities experiences a connectivity issue affecting the manner
in which it sends or receives order messages to or from routing
destinations, it may be unable to receive timely execution or
cancellation reports from the routing destinations, and Arca Securities
or the Exchange may consequently seek to cancel the affected routed
orders. Once the decision is made to cancel those routed orders, any
cancellation that an OTP Holder or OTP Firm submitted to the Exchange
on its initial order during such a situation would be honored.\8\
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    \7\ In a normal situation (i.e., one in which a technical or
systems issue does not exist), Arca Securities should receive an
immediate response to an IOC order from a routing destination, and
would pass the resulting fill or cancellation on to the OTP Holder
or OTP Firm. After submitting an order that is routed to a routing
destination, if an OTP Holder or OTP Firm sends an instruction to
cancel that order, the cancellation is held by the Exchange until a
response is received from the routing destination. For instance, if
the routing destination executes that order, the execution would be
passed on to the OTP Holder or OTP Firm and the cancellation
instruction would be disregarded.
    \8\ If an OTP Holder or OTP Firm did not submit a cancellation
to the Exchange, however, that initial order would remain ``live''
and thus be eligible for execution or posting on the Exchange, and
neither the Exchange nor Arca Securities would treat any execution
of that initial order or any subsequent routed order related to that
initial order as an error.
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    Example 2. If the Exchange experiences a systems issue, the
Exchange may take steps to cancel all outstanding orders affected by
that issue and notify affected OTP Holders and OTP Firms of the
cancellations. In those cases, the Exchange would seek to cancel any
routed orders related to the OTP Holders' and OTP Firms' initial
orders.
Examples of Circumstances That May Lead to Error Positions
    In some instances, the technical or systems issue at Arca
Securities, a routing destination, the Exchange, or a non-affiliate
third-party Routing Broker may also result in Arca Securities acquiring
an error position that it must resolve. The examples set forth below
describe some of the circumstances in which error positions may arise.
    Example A. Error positions may result from routed orders that the
Exchange or Arca Securities attempts to cancel but that are executed
before the routing destination receives the cancellation message or
that are executed because the routing destination is unable to process
the cancellation message. Using the situation described in Example 1
above, assume that the Exchange seeks to cancel orders routed to a
routing destination because it is not receiving timely execution or
cancellation reports from the routing destination. In such a situation,
Arca Securities may still receive executions from the routing
destination after connectivity is restored, which it would not then
allocate to OTP Holders or OTP Firms because of the earlier decision to
cancel the affected routed orders. Instead, Arca Securities would post
those positions into its error account and resolve the positions in the
manner described below.
    Example B. Error positions may result from an order processing
issue at a routing destination. For instance, if a routing destination
experienced a systems problem that affects its order processing, it may
transmit back a message purporting to cancel a routed order, but then
subsequently submit an execution of that same order to the OCC for
clearance and settlement. In such a situation, the Exchange would not
then allocate the execution to the OTP Holder or OTP Firm because of
the earlier cancellation message from the routing destination. Instead,
Arca Securities would post those positions into its error account and
resolve the positions in the manner described below.
    Example C. Error positions may result if Arca Securities receives
an execution report from a routing destination but does not receive
clearing instructions for the execution from the routing destination.
For instance, assume that an OTP Holder or OTP Firm sends the Exchange
an order to buy 100 contracts overlying ABC stock, which causes Arca
Securities to send an order to a routing destination that is
subsequently executed, cleared and closed out by that routing
destination, and the execution is ultimately communicated back to that
OTP Holder or OTP Firm. If the routing destination does not provide
clearing instructions for that execution, Arca Securities would still
be responsible for settling that OTP Holder's or OTP Firm's purchase,
but would be left with a short position in its error account.\9\ Arca
Securities would resolve the position in the manner described below.
---------------------------------------------------------------------------

    \9\ To the extent that Arca Securities incurred a loss in
covering its position, it may submit a reimbursement claim to that
routing destination.
---------------------------------------------------------------------------

    Example D. Error positions may result from a technical or systems
issue that causes orders to be executed in the name of Arca Securities
and are not related to any corresponding orders of OTP Holders or OTP
Firms. As a result, Arca Securities would not be able to assign any
positions resulting from such an issue to OTP Holders or OTP Firms.
Instead, Arca Securities would post those positions into its error
account and resolve the positions in the manner described below.
    Example E. Error positions may result from a technical or systems
issue through which the Exchange does not receive sufficient notice
that an OTP Holder or OTP Firm that has executed trades on the Exchange
has lost the ability to clear trades through OCC. In such a situation,
the Exchange would not have valid clearing information, which would
prevent the trade from being processed pursuant to Rule 6.79.
Accordingly, Arca Securities would assume that OTP Holder's or OTP
Firm's side of the trades so that the counterparties can settle the
trades. Arca Securities would post those positions into its error
account and resolve the positions in the manner described below.
    In the circumstances described above, Arca Securities may not learn
about an error position until T+1, either: (1) During the clearing
process when a routing destination has submitted to OCC a transaction
for clearance and settlement for which Arca Securities never received
an execution confirmation; or (2) when a routing destination does not
recognize a transaction submitted on behalf of Arca Securities to OCC
for clearance and settlement. Moreover, the affected OTP Holders' or
OTP Firms' trade may not be nullified absent express authority under
Exchange rules.\10\
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    \10\ See, e.g., NYSE Arca Options Rule 6.87 (regarding obvious
and catastrophic errors).
---------------------------------------------------------------------------

Proposed Amendments to NYSE Arca Options Rule 6.96
    The Exchange proposes to amend NYSE Arca Options Rule 6.96 to add
new paragraph (c) to address the cancellation of orders due to
technical or systems issues and the use of an error account by Arca
Securities.
    Specifically, under paragraph (c)(1) of the proposed rule, the
Exchange or Arca Securities would be expressly authorized to cancel
orders as may be necessary to maintain fair and orderly markets if a
technical or systems issue occurred at the Exchange, Arca Securities,
or a routing destination.\11\ The Exchange or Arca Securities would be
required to provide notice of the cancellation to affected OTP Holders
and OTP Firms as soon as practicable.
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    \11\ Such a situation may not cause the Exchange to declare
self-help against the routing destination pursuant to NYSE Arca
Options Rule 6.94(b)(1). If the Exchange or Arca Securities
determines to cancel orders routed to a routing destination under
proposed Rule 6.96(c), but does not declare self-help against that
routing destination, the Exchange would continue to be subject to
the trade-through requirements in the Options Order Protection and
Locked/Crossed Markets Plan and NYSE Arca Options Rule 6.94 with
respect to that routing destination.
---------------------------------------------------------------------------

    Paragraph (c)(2) of the proposed rule would permit Arca Securities
to maintain an error account for the purpose of addressing positions
that result from a technical or systems issue at Arca Securities, the
Exchange, a routing destination, or a non-affiliate third-party Routing
Broker that affects

one or more orders (``error positions''). By definition, an error
position would not include any position that results from an order
submitted by an OTP Holder or OTP Firm to the Exchange that is executed
on the Exchange and processed pursuant to NYSE Arca Options Rule
6.79.\12\ Arca Securities also would not be permitted to accept any
positions in its error account from an account of an OTP Holder or OTP
Firm and could not permit any OTP Holder or OTP Firm to transfer any
positions from the OTP Holder's or OTP Firm's account to Arca
Securities' error account under the proposed rule.\13\ However, if a
technical or systems issue results in the Exchange not having valid
clearing instructions for an OTP Holder or OTP Firm to a trade, Arca
Securities may assume that OTP Holder's or OTP Firm's side of the trade
so that the trade can be processed pursuant to NYSE Arca Options Rule
6.79.\14\
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    \12\ As provided in NYSE Arca Options Rule 6.79, ``[a]ll
transactions made on the Exchange shall be submitted for clearance
to the [OCC], and all such transactions shall be subject to the
Rules of the [OCC].''
    \13\ The purpose of this provision is to clarify that Arca
Securities may address error positions under the proposed rule that
are caused by a technical or systems issue, but that Arca Securities
may not accept from an OTP Holder or OTP Firm positions that are
delivered to the OTP Holder or OTP Firm through the clearance and
settlement process, even if those positions may have been related to
a technical or systems issue at Arca Securities, the Exchange, a
routing destination of Arca Securities, or a non-affiliate third-
party Routing Broker. This provision would not apply, however, to
situations like the one described above in which Arca Securities
incurred a short position to settle an OTP Holder or OTP Firm
purchase, as the OTP Holder or OTP Firm did not yet have a position
in its account as a result of the purchase at the time of Arca
Securities' action (i.e., Arca Securities' action was necessary for
the purchase to settle into the OTP Holder's or OTP Firm's account).
Moreover, to the extent an OTP Holder or OTP Firm receives positions
pursuant to Rule 6.79 in connection with a technical or systems
issue, that OTP Holder or OTP Firm may seek to rely on NYSE Arca
Options Rule 14.2 if it experiences a loss. That rule provides OTP
Holders and OTP Firms with the ability to file claims against the
Exchange ``for the failure of its systems or facilities.''
    \14\ See Example E above.
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    Under paragraph (c)(3), in connection with a particular technical
or systems issue, Arca Securities or the Exchange would be permitted to
either (i) assign all resulting error positions to OTP Holders or OTP
Firms, or (ii) have all resulting error positions liquidated, as
described below. Any determination to assign or liquidate error
positions, as well as any resulting assignments, would be required to
be made in a nondiscriminatory fashion.
    Arca Securities or the Exchange would be required to assign all
error positions resulting from a particular technical or systems issue
to the applicable OTP Holders or OTP Firms affected by that technical
or systems issue if Arca Securities or the Exchange:
     Determined that it has accurate and sufficient information
(including valid clearing information) to assign the positions to all
of the applicable OTP Holders or OTP Firms affected by that technical
or systems issue;
     Determined that it has sufficient time pursuant to normal
clearance and settlement deadlines to evaluate the information
necessary to assign the positions to all of the applicable OTP Holders
or OTP Firms affected by that technical or systems issue; and
     Had not determined to cancel all orders affected by that
technical or systems issue.
    For example, a technical or systems issue of limited scope or
duration may occur at a routing destination, and the resulting trades
may be submitted for clearance and settlement by such routing
destination to OCC. If there were a small number of trades, there may
be sufficient time to match positions with OTP Holder or OTP Firm
orders and avoid using the error account.
    There may be scenarios, however, where Arca Securities determines
that it is unable to assign all error positions resulting from a
particular technical or systems issue to all of the affected OTP
Holders or OTP Firms, or determines to cancel all affected routed
orders. For example, in some cases, the volume of questionable
executions and positions resulting from a technical or systems issue
might be such that the research necessary to determine which OTP Holder
or OTP Firm to assign those executions to could be expected to extend
past the normal settlement cycle for such executions. Furthermore, if a
routing destination experiences a technical or systems issue after Arca
Securities has transmitted IOC orders to it that prevents Arca
Securities from receiving responses to those orders, Arca Securities or
the Exchange may determine to cancel all routed orders affected by that
issue. In such a situation, Arca Securities or the Exchange would not
pass on to the OTP Holders or OTP Firms any executions on the routed
orders received from the routing destination.
    The proposed rule also would require Arca Securities to liquidate
error positions as soon as practicable.\15\ In liquidating error
positions, Arca Securities would be required to provide complete time
and price discretion for the trading to liquidate the error positions
to a third-party broker-dealer and could not attempt to exercise any
influence or control over the timing or methods of trading to liquidate
the error positions. Arca Securities also would be required to
establish and enforce policies and procedures reasonably designed to
restrict the flow of confidential and proprietary information between
the third-party broker-dealer and Arca Securities/the Exchange
associated with the liquidation of the error positions.
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    \15\ If Arca Securities determines in connection with a
particular technical or systems issue that some error positions can
be assigned to some affected OTP Holders or OTP Firms but other
error positions cannot be assigned, Arca Securities would be
required under the proposed rule to liquidate all such error
positions (including those positions that could be assigned to the
affected OTP Holders or OTP Firms).
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    Under proposed paragraph (c)(4), Arca Securities and the Exchange
would be required to make and keep records to document all
determinations to treat positions as error positions and all
determinations for the assignment of error positions to OTP Holders or
OTP Firms or the liquidation of error positions, as well as records
associated with the liquidation of error positions through the third-
party broker-dealer.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \16\ of
the Securities Exchange Act of 1934 (the ``Act''), in general, and
furthers the objectives of Section 6(b)(5),\17\ in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest, and it is not
designed to permit unfair discrimination among customers, brokers, or
dealers. The Exchange believes that this proposal is in keeping with
those principles since Arca Securities' or the Exchange's ability to
cancel orders during a technical and systems issue and to maintain an
error account facilitates the smooth and efficient operations of the
market. Specifically, the Exchange believes that allowing Arca
Securities or the Exchange to cancel orders during a technical or
systems issue would allow the Exchange to maintain fair and orderly
markets. Moreover, the Exchange believes that allowing Arca Securities
to assume error positions in an error account and to liquidate those
positions, subject to the conditions set

forth in the proposed amendments to NYSE Arca Options Rule 6.96, would
be the least disruptive means to correct these errors, except in cases
where Arca Securities can assign all such error positions to all
affected OTP Holders or OTP Firms of the Exchange. Overall, the
proposed amendments are designed to ensure full trade certainty for
market participants and to avoid disrupting the clearance and
settlement process. The proposed amendments are also designed to
provide a consistent methodology for handling error positions in a
manner that does not discriminate among OTP Holders or OTP Firms. The
proposed amendments are also consistent with Section 6 of the Act
insofar as they would require Arca Securities to establish controls to
restrict the flow of any confidential information between the third-
party broker and Arca Securities/the Exchange associated with the
liquidation of error positions.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6)\19\ thereunder.
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change 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.
---------------------------------------------------------------------------

    NYSE Arca has requested that the Commission waive the 30-day
operative delay.\20\ The Commission believes that waiver of the
operative delay is consistent with the protection of investors and the
public interest. Such waiver would allow the Exchange, without delay,
to implement the proposed rule change, which is designed to provide a
consistent methodology for handling error positions in a manner that
does not discriminate among OTP Holders or OTP Firms. The Commission
also notes that the proposed rule change is based on, and substantially
similar to, NYSE Arca Equities Rule 7.45(d), which the Commission
recently approved.\21\ Accordingly, the Commission designates the
proposal operative upon filing.\22\
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    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ See Securities Exchange Act Release No. 66963 (May 10,
2012), 77 FR 28919 (May 16, 2012) (SR-NYSEArca-2012-22).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-100 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-100. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2012-100 and should
be submitted on or before October 9, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22909 Filed 9-17-12; 8:45 am]
BILLING CODE 8011-01-P