[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Page 3362]
[FR Doc No: 2014-01057]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC14-4-000]

Commission Information Collection Activities (FERC-73); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-73 (Oil Pipeline Service Life Data).

DATES: Comments on the collection of information are due March 24,
2014.

ADDRESSES: You may submit comments (identified by Docket No. IC14-4-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION: Title: FERC-73, Oil Pipeline Service Life
Data.
    OMB Control No.: 1902-0019.
    Type of Request: Three-year extension of the FERC-73 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The Commission has authority over interstate oil
pipelines as stated in the Interstate Commerce Act, 49 U.S.C. 6501, et
al. As part of the information necessary for the subsequent
investigation and review of an oil pipeline company's proposed
depreciation rates, the pipeline companies are required to provide
service life data as part of their data submissions if the proposed
depreciation rates are based on the remaining physical life
calculations. This service life data is submitted on FERC Form No. 73,
``Oil Pipeline Service Life Data''. The information collected under the
requirements of FERC Form No. 73 is used by the Commission to implement
the statutory provisions of Sections 306 and 402 of the Department of
Energy Organization Act, 42 U.S.C. 7155 and 7172, and Executive Order
No. 12009, 42 FR 46277 (September 13, 1977).\1\
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    \1\ For FERC Form No. 73 filing instructions and materials,
please see http://www.ferc.gov/docs-filing/forms.asp#form73.
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    The data submitted are used by the Commission to assist in the
selection of appropriate service lives and book depreciation rates.
Book depreciation rates are used by oil pipeline companies to compute
the depreciation portion of their operating expense which is a
component of their cost of service which in turn is used to determine
the transportation rate to assess customers. FERC staff's recommended
book depreciation rates become legally binding when issued by
Commission order. These rates remain in effect until a subsequent
review is requested and the outcome indicates that a modification is
justified. The Commission implements these filings in 18 CFR parts 347
and 357.
    Type of Respondents: Oil pipeline companies.
    Estimate of Annual Burden \2\: The Commission estimates the total
Public Reporting Burden for this information collection as:
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    \2\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

                                                    FERC Form No. 73, Oil Pipeline Service Life Data
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                                                                                Number of                       Average burden
                                                                        Number of      responses per   Total number of     hours per     Estimated total
                                                                       respondents       respondent       responses         response      annual burden
                                                                                (A)              (B)    (A) x (B) = (C)            (D)                (C) x (D)
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Oil Pipelines Undergoing Investigation or Review...................               3                1                3               40              120
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    The total estimated annual cost burden to respondents is $8,400
[120 hours * $70/hour = $8,400 \3\]
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    \3\ $70/hour is the average FERC employee salary plus benefits.
We assume that respondents to this collection are similarly situated
in terms of salary and benefits.
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    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: January 14, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-01057 Filed 1-17-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74851-74852]
[FR Doc No: 2016-25939]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79132; File No. SR-NYSEMKT-2016-94]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 497--
Equities

October 21, 2016.
    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 October 13, 2016, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') 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.
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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 Rule 497--Equities regarding the
requirements for the listing of securities that are issued by the
Exchange or any of its affiliates. 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 497--Equities (Additional
Requirements for Listed Securities Issued by Intercontinental Exchange,
Inc. or its Affiliates) regarding the requirements for the listing of
securities that are issued by the Exchange or any of its affiliates.
Rule 497--Equities sets forth certain requirements that securities
issued by the Exchange's ultimate parent, Intercontinental Exchange,
Inc. (``ICE''), or its affiliates, must meet before they can be listed
on the Exchange, including certain pre-listing approvals and post-
listing monitoring requirements.
    Specifically, the Exchange is proposing to make the following
changes to Rule 497--Equities: (i) Expand the definition of Affiliate
Security under Rule 497--Equities (a)(2); (ii) require that the annual
review required under Rule 497--Equities (c)(2) be forwarded to the
Exchange's Regulatory Oversight Committee (``ROC''); and (iii) make
non-substantive typographical changes.
    Rule 497--Equities (a)(2) currently defines ``Affiliate Security''
as ``any security issued by an ICE Affiliate.'' \4\ The Exchange
proposes to expand the definition of Affiliate Security to include any
Exchange-listed option on any security issued by an ICE Affiliate. As a
consequence, under Rule 497--Equities (b), prior to listing any new
class of options on a security issued by an ICE Affiliate, Exchange
regulatory staff would be required to make a finding that the option
class satisfies the Exchange's rules for listing, and the ROC would be
required to approve such finding. Likewise, throughout the continued
listing of such option class on the Exchange, it would be covered by
the reporting requirements of Rule 497--Equities (c).
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    \4\ For purposes of Rule 497--Equities, an ``ICE Affiliate'' is
``ICE and any entity that directly or indirectly, through one or
more intermediaries, controls, is controlled by, or is under common
control with ICE, where `control' means that one entity possesses,
directly or indirectly, voting control of the other entity either
through ownership of capital stock or other equity securities or
through majority representation on the board of directors or other
management body of such entity.'' Rule 497--Equities (a)(1).
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    In the event that an ICE Affiliate lists an Affiliate Security,
Rule 497--Equities (c)(2) requires that, throughout the continued
listing of the Affiliate Security on the Exchange, an independent
accounting firm will review the listing standards for the Affiliate
Security and a copy of the report shall be forwarded promptly to the
Securities and Exchange Commission (``Commission''). The Exchange
proposes to expand Rule 497--Equities (c)(2) to require that such
report also be forwarded to the ROC.
    The Exchange proposes to make the following additional, non-
substantive changes to Rule 497--Equities (c):
     It proposes to move ``the Exchange shall'' from the end of
Rule 497--Equities (c) to the start of Rule 497--Equities (c)(1), as
the text only applies to Rule 497--Equities (c)(1), and not sub-
paragraphs (2) or (3), and change ``shall'' to ``will.''
     It proposes to add ``and trading'' after ``Throughout the
continued listing'' in Rule 497--Equities (c), as Rule 497--Equities
(c)(1) references the listing of Affiliate Securities, as well as their
trading.
     The Exchange proposes to delete an extraneous ``that''
from the final clause of Rule 497--Equities (c)(1)(b), so that it reads
as follows:
    Exchange regulatory staff's monitoring of the trading of the
Affiliate Security including summaries of all related surveillance
alerts, complaints, regulatory referrals, adjusted trades,
investigations, examinations, formal and informal disciplinary actions,
exception reports and trading data used to ensure the Affiliate
Security's compliance with the Exchange's listing and trading rules.
    The Exchange notes that the proposed amendments would be consistent
with recent changes to the Bats BZX Exchange, Inc. (``BZX'') Rule 14.3
regarding requirements for the listing of securities listed by BZX or
any of its affiliates.\5\
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    \5\ See Securities Exchange Act Release No. 77639 (April 18,
2016), 81 FR 23768 (April 22, 2016) (SR-BatsBZX-2016-08).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \6\ in general, and Section
6(b)(5) \7\ in particular, in that it because 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 regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to

remove impediments to, and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed rule change,
by requiring heightened reporting by the Exchange to the Commission and
the ROC with respect to oversight of the listing and trading on the
Exchange of Affiliate Securities, will continue to help protect against
concerns that the Exchange will not effectively enforce its rules with
respect to the listing and trading of these securities. By adding
Exchange-listed options on any security issued by an ICE Affiliate to
the definition of ``Affiliate Securities,'' the proposed changes would
expand the scope of Rule 497--Equities. The Exchange accordingly
believes that the proposed amendments to Rule 497--Equities would
continue to eliminate any perception of a potential conflict of
interest if an ICE Affiliate seeks to list a security on the Exchange.
    Lastly, the Exchange believes that the proposed non-substantive
grammatical changes would promote just and equitable principles of
trade and remove impediments to a free and open market by providing
greater clarity in the Exchange's rules.

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 Exchange Act. The proposed rule
change is not intended to address competitive issues but rather provide
market participants with additional specificity and transparency
regarding the Exchange's controls that are in place to address the
potential conflicts of interest that may arise in the listing of
Affiliate Securities on the Exchange.

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 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) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ 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 proposal may become operative immediately upon filing. The
Commission believes that waiver of the operative delay is consistent
with the protection of investors and the public interest as it will
allow the Exchange to implement the proposed changes to Rule 497--
Equities without delay. Therefore, the Commission hereby waives the
operative delay and designates the proposal operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-94 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-NYSEMKT-2016-94. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-NYSEMKT-2016-94, and should
be submitted on or before November 17, 2016.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2016-25939 Filed 10-26-16; 8:45 am]
 BILLING CODE 8011-01-P