[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Pages 26350-26351]
[FR Doc No: 2022-09546]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2687-017]

Pacific Gas and Electric Company; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application for Temporary Variance of Flushing
Flow Requirements.
    b. Project No: 2687-017.
    c. Date Filed: April 5, 2022.
    d. Applicant: Pacific Gas and Electric (licensee).
    e. Name of Project: Pit No. 1 Hydroelectric Project.
    f. Location: The project is located on the Pit and Fall rivers in
Shasta County, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jimmy Galloway, License Coordinator; Pacific
Gas and Electric Company; Mail Code N11D, P.O. Box 770000, San
Francisco, CA 94177; Phone:<PHONE_NUMBER>.
    i. FERC Contact: Alicia Burtner,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: May 31, 2022.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2687-017. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee requests approval of a
temporary variance of its requirements to provide sediment flushing
flows pursuant to Condition 13 of the project water quality
certification. The intent of the requirement was to control nuisance
aquatic vegetation and impede mosquito reproduction in Fall River Pond.
The flows are required to be released during one weekend each, in May
or June, July, and August. However, the U.S. Fish and Wildlife Service
determined in 2009 that the flows adversely affect the federally-
endangered Shasta crayfish (Pacifastacus fortis) and its habitat. The
licensee's Flushing Flow Effectiveness Monitoring Plan results have
also shown that minimum instream flows have been more effective at
suppressing and maintaining consistently low surface aquatic vegetation
than flushing flows. As such, the licensee is requesting that no
flushing flows be required in 2022.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects.

At this time, the Commission has suspended access to the Commission's
Public Reference Room, due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19), issued
by the President on March 13, 2020. For assistance, call 1-866-208-3676
or email [email protected], for TTY, call<PHONE_NUMBER>.
Agencies may obtain copies of the application directly from the
applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-09546 Filed 5-3-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92916-92919]
[FR Doc No: 2016-30551]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79545; File No. SR-Phlx-2016-118]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 3317
(Compliance With Regulation NMS Plan To Implement a Tick Size Pilot)

December 14, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 30, 2016, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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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 Phlx Rule 3317 to modify the Web
site data publication requirements relating to the Regulation NMS Plan
to Implement a Tick Size Pilot Program (``Plan'') and to clarify a
provision related to the reporting of certain Market Maker
profitability data. Phlx also proposes to amend Rule 3317(b)(5) to
clarify the timing and format of publication of data related to Market
Maker registration.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet.com/ com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On August 25, 2014, Phlx and several other self-regulatory
organizations (the ``Participants'') filed with the Commission,
pursuant to Section 11A of the Act \3\ and Rule 608 of Regulation NMS
thereunder,\4\ the Plan to Implement a Tick Size Pilot Program.\5\ The
Participants filed the Plan to comply with an order issued by the
Commission on June 24, 2014.\6\ The Plan was published for comment in
the Federal Register on November 7, 2014, and approved by the
Commission, as modified, on May 6, 2015.\7\ The Commission approved the
Pilot on a two-year basis, with implementation to begin no later than
May 6, 2016.\8\ On November 6, 2015, the SEC exempted the Participants
from implementing the Pilot until October 3, 2016.\9\ Under the revised
Pilot implementation date, the Pre-Pilot data collection period
commenced on April 4, 2016. On September 13, 2016, the SEC exempted the
Participants from the requirement to fully implement the Pilot on
October 3, 2016, to permit the Participants to implement the pilot on a
phased-in basis, as described in the Participants' exemptive
request.\10\
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    \3\ 15 U.S.C. 78k-1.
    \4\ 17 CFR 242.608.
    \5\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \6\ See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \7\ See Securities Exchange Act Release No. 74892 (May 6, 2015),
80 FR 27513 (May 13, 2015) (``Approval Order'').
    \8\ See Approval Order at 27533 and 27545.
    \9\ See Securities Exchange Act Release No. 76382 (November 6,
2015), 80 FR 70284 (November 13, 2015).
    \10\ See Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to Eric Swanson, EVP,
General Counsel and Secretary, Bats Global Markets, Inc., dated
September 13, 2016; see also Letter from Eric Swanson, EVP, General
Counsel and Secretary, Bats Global Markets, Inc., to Brent J.
Fields, Secretary, Commission, dated September 9, 2016.

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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stock of small-
capitalization companies. Each Participant is required to comply, and
to enforce compliance by its member organizations, as applicable, with
the provisions of the Plan.
    Phlx adopted rule amendments to implement the requirements of the
Plan, including relating to the Plan's data collection requirements and
requirements relating to Web site data publication.\11\ Specifically,
with respect to the Web site data publication requirements pursuant to
Section VII and Appendices B and C to the Plan, Phlx Rule 3317(b)(2)(B)
provides, among other things, that Phlx shall make the data required by
Items I and II of Appendix B to the Plan, and collected pursuant to
paragraph (b)(2) of Rule 3317, publicly available on the Exchange Web
site on a monthly basis at no charge and shall not identify the Trading
Center that generated the data. Rule 3317(b)(3)(C), provides, among
other things, that Phlx shall make the data required by Item IV of
Appendix B to the Plan, and collected pursuant to paragraph (b)(3) of
Rule 3317, publicly available on the Exchange Web site on a monthly
basis at no charge and shall not identify the Trading Center that
generated the data. Commentary .08 to Rule 3317 provides, among other
things, that the requirement that Phlx make certain data publicly
available on the Exchange Web site pursuant to Appendix B and C to the
Plan shall commence at the beginning of the Pilot Period.
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    \11\ See, e.g., Securities Exchange Act Release No. 77458 (March
28, 2016), 81 FR 18919 (April 1, 2016) (SR-Phlx-2016-39); see also
Letter from David S. Shillman, Associate Director, Division of
Trading and Markets, Commission, to Marcia E. Asquith, Senior Vice
President and Corporate Secretary, FINRA, dated February 17, 2016.
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    Phlx is proposing amendments to Rule 3317(b)(2)(B) (regarding
Appendix B.I and B.II data) and Rule 3317(b)(3)(C) (regarding Appendix
B.IV data) to provide that data required to be made available on Phlx's
Web site be published within 120 calendar days following month end. In
addition, the proposed amendments to Commentary .08 to Rule 3317 would
provide that, notwithstanding the provisions of paragraphs (b)(2)(B),
(b)(3)(C), and (b)(5), Phlx shall make data for the Pre-Pilot period
publicly available on the Phlx Web site pursuant to Appendix B and C to
the Plan by February 28, 2017.\12\
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    \12\ With respect to data for the Pilot Period, the requirement
that Phlx make data publicly available on the Phlx Web site pursuant
to Appendix B and C to the Plan shall continue to commence at the
beginning of the Pilot Period. Thus, the first Web site publication
date for Pilot Period data (covering October 2016) would be
published on the Phlx Web site by February 28, 2017, which is 120
days following the end of October 2016.
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    The purpose of delaying the publication of the Web site data is to
address confidentiality concerns by providing for the passage of
additional time between the market information reflected in the data
and the public availability of such information.
    Phlx also proposes to amend Rule 3317(b)(4), which relates to the
reporting of Market Maker profitability data for members for the
Exchange is the Designated Examining Authority (``DEA''). Currently,
Rule 3317(b)(4)(A) states that a Member that is a Market Maker shall
collect and transmit to their DEA the data described in Item I of
Appendix C of the Plan with respect to executions on any Trading Center
that have settled or reached settlement date. Information related to
Market Maker profitability will be collected by FINRA and transmitted
to the SEC and, on an aggregate basis, also be made publicly
available.\13\
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    \13\ See FINRA Rule 6191(b)(4)(B).
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    The Financial Industry Regulatory Authority, Inc. (``FINRA'')
recently submitted a proposed rule change amending FINRA Rule 6191(b),
which sets forth FINRA's obligations with respect to data collection
and reporting under the Plan. With this rule change, FINRA proposes to
publish (1) Market Maker profitability statistics for Market Makers for
which FINRA is the DEA; (2) Market Maker profitability statistics
collected from other Participants that are DEAs, and (iii) Market Maker
profitability statistics for Market Makers whose DEA is not a
Participant.\14\ As part of its rule change, FINRA also stated that it
would make this data publicly available on the FINRA Web site within
120 calendar days following month end at no charge. In its proposal,
FINRA noted that the publication by FINRA of Market Maker profitability
data on the FINRA Web site, including Market Makers for which FINRA is
not the DEA, is intended to address confidentiality concerns with
respect to the Appendix C data required to be made publicly available
by the Participants. Although the Participants that are DEAs also would
not have identified the Market Makers when publishing required Appendix
C data, FINRA noted that some of the Participants are DEAs for a very
small number of Market Makers, and the published data from these DEAs
raised concerns regarding the potential for identifying the Market
Makers that correspond to those statistics.\15\
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    \14\ See SR-FINRA-2016-042.
    \15\ Id.
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    Although the Exchange is currently a DEA for certain member firms,
Rule 3317 does not currently require Phlx as DEA to report the
information collected pursuant to paragraph (b)(4) to FINRA for
publication. Given FINRA's recent proposed rule change, the Exchange is
therefore proposing to adopt Rule 3317(b)(4)(C) to address the
reporting of Market Maker profitability data for members for which Phlx
is the DEA. Rule 3317(b)(4)(C) states that the Exchange, as DEA, shall
collect the data required by Item I of Appendix C to the Plan and
paragraph (b)(4)(A) for those Members that are Market Makers for which
the Exchange is DEA, and on a monthly basis transmit such data,
categorized by the Control Group and each Test Group, to the SEC in a
pipe delimited format. Rule 3317(b)(4)(C) also provides that the
Exchange, as DEA, shall make the data collected pursuant to
subparagraph (4) of Rule 3317(b) available to FINRA for aggregation and
publication, categorized by the Control Group and each Test Group, on
the FINRA Web site pursuant to FINRA Rules. Rule 3317(b)(4)(C) does not
alter the information required to be submitted to the SEC.
    Finally, Phlx proposes to amend Rule 3317(b)(5), which relates to
the collection and transmission of Market Maker registration
statistics. Currently, Rule 3317(b)(5) provides that the Exchange shall
collect and transmit to the SEC the data described in Item III of
Appendix B of the Plan relating to daily Market Maker registration
statistics in a pipe delimited format within 30 calendar days following
month end for (1) transactions in each Pre-Pilot Data Collection
Security for the period beginning six months prior to the Pilot Period
through the trading day immediately preceding the Pilot Period; and (2)
transactions in each Pilot Security for the period beginning on the
first day of the Pilot Period through six months after the end of the
Pilot Period. Although the Plan requires that such data be made
publicly available,\16\ Rule 3317(b)(5) does not currently include a
provision requiring the Exchange to publish such data to its Web site.
The Exchange therefore proposes to amend Rule 3317(b)(5) to provide
that the Exchange shall make Market Maker

registration data publicly available on the Exchange Web site within
120 calendar days following month end at no charge.
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    \16\ See Section VII.A. 4 of the Plan.
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    Phlx has filed the proposed rule change for immediate effectiveness
and has requested that the Commission waive the 30-day operative delay.
If the Commission waives the 30-day operative delay, the operative date
of the proposed rule change will be the date of filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\17\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\18\ in particular, in that it is designed to
promote just and equitable principles of trade, 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, because it is designed to assist the Participants in meeting
their regulatory obligations pursuant to the Plan and is in furtherance
of the objectives of the Plan, as identified by the SEC.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    In approving the Plan, the Commission recognized that requiring the
publication of Market Maker data may raise confidentiality concerns,
especially for Pilot Securities that may have a relatively small number
of designated Market Makers.\19\ For this reason, the Commission
modified the Plan so that the data that would be made publicly
available would not contain profitability measures for each security,
but would be aggregated by the Control Group and each Test Group. Phlx
believes that this proposal is consistent with the Act in that it is
designed to address confidentiality concerns by permitting Phlx to
delay Web site publication to provide for passage of additional time
between the market information reflected in the data and the public
availability of such information. With respect to the change to Rule
3317(b)(5), the Exchange believes this change will clarify the timing
and format of publication of data related to Market Maker registration.
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    \19\ See Approval Order at 27543--27544.
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    Phlx believes that the addition of Rule 3317(b)(4)(C) relating to
the reporting of Market Maker profitability data to FINRA is consistent
with the Act because it effectuates FINRA's recent proposal, which
itself is designed to further address confidentiality concerns by
permitting FINRA to aggregate and publish Market Maker profitability
data for all Participant DEAs, including Market Makers for which FINRA
is not the DEA.\20\ Phlx notes that this proposal also does not alter
the information required to be submitted to the SEC.
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    \20\ See SR-FINRA-2016-042.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Phlx notes that the proposed
rule change implements the provisions of the Plan, and is designed to
assist the Participants in meeting their regulatory obligations
pursuant to the Plan.
    The proposal is intended to address confidentiality concerns that
may adversely impact competition, especially for Pilot Securities that
may have a relatively small number of designated Market Makers, by (1)
permitting Phlx to delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and the public availability of such information; and (2) making Market
Maker profitability statistics that Phlx has gathered as DEA available
to FINRA for aggregation and publication. The proposal also does not
alter the information required to be submitted to the SEC.

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

    No written comments were either solicited or received.\21\
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    \21\ Phlx notes that Financial Information Forum (FIF) submitted
a letter to the staff of the Commission raising concerns regarding
the publication of certain Appendix B statistics on a disaggregated
basis using a unique masked market participant identifier. See
Letter from Mary Lou Von Kaenel, Managing Director, FIF, to David S.
Shillman, Associate Director, Division of Trading and Markets,
Commission, dated August 16, 2016, available at https://www.fif.com/comment-letters.
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III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \22\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\23\
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    \22\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \23\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has filed
the proposed rule change for immediate effectiveness and has requested
that the Commission waive the requirement that the proposed rule change
not become operative for 30 days after the date of the filing so that
it may become operative immediately.
    The Exchange notes that the proposed rule change implements the
provisions of the Plan, and is designed to assist the Participants in
meeting their regulatory obligations pursuant to the Plan. The proposal
is intended to address confidentiality concerns by permitting the
Exchange to (i) Delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and the public availability of such information; and (ii) allow for
FINRA to aggregate and publish Market Maker profitability data for all
Participant DEAs. The Exchange notes that the proposed change will not
affect the data reporting requirements for members for which PHLX is
the DEA. The proposal also does not alter the information required to
be submitted to the Commission.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to implement these proposed changes
that are intended to address confidentiality concerns. The Commission
notes that some Pilot data was scheduled to be published on November
30, 2016. Therefore, the Commission hereby waives the 30-day operative
delay and designates the proposed rule change to be operative on
November 30, 2016.\24\
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    \24\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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_ADDRESS>Please include
File Number SR-Phlx-2016-118 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2016-118. 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-Phlx-2016-118 and should be
submitted on or before January 10, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-30551 Filed 12-19-16; 8:45 am]
 BILLING CODE 8011-01-P


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE

PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: Kathryn Montague<PHONE_NUMBER>

Bayer CropScience LLC

PP# 9F7680

The EPA has received a pesticide petition (9F7680) from Bayer
CropScience LLC, 2 T. W. Alexander Drive, Research Triangle Park, NC
27709 proposing, pursuant to section 408(d) of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C.346a(d), to amend 40 CFR part 180. by
establishing tolerances for residues of the herbicide, pyrasulfotole
including its metabolites and degradates. Compliance with the tolerance
levels specified is to be determined by measuring residues of
pyrasulfotole (AE
0317309)5-hydroxy-1,3-dimethyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-(t
rifluoromethyl)-phenyl methanone and its metabolite
(5-Hydroxy-3-methyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-(trifluoromet
hyl)phenyl] methanone, calculated as the stoichiometric equivalent of
pyrasulfotole] in or on the raw agricultural commodities [sorghum,
grain] at [0.8] parts per million (ppm); [sorghum, forage] at [1.2] ppm;
[sorghum, stover] at [0.35] ppm; [grass, hay] at [2.5] ppm; and [grass,
forage] at [10] ppm. In addition, increased tolerances are proposed for
residues of the herbicide pyrasulfotole including its metabolites and
degradate. Compliance with the tolerance levels specified is to be
determined by measuring residues of pyrasulfotole (AE0317309)
(5-hydroxy-1,3-dimethyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4-(trifluoro
methyl)phenyl]-methanone and its metabolite
(5-Hydroxy-3-methyl-1H-pyrazol-4-yl-2-(methylsulfonyl)
-4-(trifluoromethyl)phenyl] methanone, calculated as the stoichiometric
equivalent of pyrasulfotole in or on [cattle, goat, hog, sheep and horse
meat] at [0.04] ppm;[cattle, goat, hog, sheep and horse fat] at [0.04]
ppm; [cattle, goat, hog, sheep and horse, meat byproducts except liver]
at [2] ppm and [cattle, goat, hog, sheep and horse, liver] at [8] ppm.
EPA has determined that the petition contains data or information
regarding the elements set forth in section 408(d)(2) of the FFDCA;
however, EPA has not fully evaluated the sufficiency of the submitted
data at this time or whether the data supports granting of the petition.
Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

1. Plant metabolism. The nature of pyrasulfotole residues in plants and
livestock

is adequately understood. The residues of concern are combined residues
of pyrasulfotole and its

metabolite
(5-Hydroxy-3-methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4-(trifluorometh
yl)

phenyl] methanone, calculated as pyrasulfotole, calculated as the
stoichiometric equivalent of

pyrasulfotole.

2. Analytical method. The analytical method is an LC/MS/MS method which

quantifies pyrasulfotole and its metabolite
(5-Hydroxy-3-methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-
4-(trifluoromethyl)phenyl]methanone with an LOQ of 0.01 mg/kg.
Pyrasulfotole and its metabolite are solvent extracted, hydrolyzed to
released conjugated residues and purified by C18 solid phase extraction.
Residues are quantified by LC/MS/MS using isotopically labeled internal
standards. Validation of the methodology for the determination of
pyrasulfotole and its metabolite demonstrated that it could accurately
determine residues at the LOQ of 0.01 ppm in all appropriate matrices.
Pyrasulfotole and its metabolite are stable for at least 11 months for
the above matrices.

3. Magnitude of residues. The appropriate number of residue trials was
conducted in sorghum and grasses in the appropriate locations in the
United States to support the

requested tolerances on the sorghum and grass commodities. Specifically,
twelve field trials were

conducted to measure the magnitude of total pyrasulfotole residues in/on
sorghum forage, grain,

and stover or grass hay and forage following two foliar spray
applications of HUSKIE herbicide

to sorghum or grass. Residues of pyrasulfotole and its metabolite
(5-Hydroxy-3-methyl-1Hpyrazol-4-yl)-[2-(methylsulfonyl)-
4-(trifluoromethyl)-phenyl]methanone were quantified in the harvested
matrices (sorghum grain, forage and stover as well as grass hay and
grass forage)

following a postemergence application of Huskie Herbicide. The addition
of sorghum and grass matrices to the cattle diets resulted in a change
to the maximum theoretical dietary burden (MTDB) for cattle and
therefore, a revision of the cattle commodity tolerances as given above.

B. Toxicological Profile

1. Acute toxicity. Pyrasulfotole has a low order of acute toxicity via
the oral, dermal,

and inhalation routes (Category III or IV). Pyrasulfotole is not a
dermal sensitizer or irritant

(Category IV) and has been shown to be a moderate eye irritant (Category
III).

2. Genotoxicty. Pyrasulfotole is not genotoxic based on genotoxicity
studies using in

vivo and in vitro tests, including mammalian cell gene mutation tests,
chromosomal aberration

tests, unscheduled DNA synthesis tests, bacterial DNA repair tests and
other mutagenicity

studies.

3. Reproductive and developmental toxicity. In the prenatal
developmental toxicity study

in rats, an increased incidence of skeletal variations was observed in
fetal offspring at the mid

dose, as was decreased fetal body weight in male offspring. However,
both effects were

observed in the presence of maternal toxicity at the same dose. In the
DNT study in rats, an

identical NOAEL was established in both dams and offspring based on
ocular toxicity as well as

several developmental effects observed at the mid dose. In the prenatal
developmental toxicity

study in rabbits, an increased incidence of skeletal variations was
observed in fetal offspring at

the mid dose. However, maternal toxicity (decreased body weight gain and
food consumption)

was observed only at the next highest dose tested. Therefore, increased
susceptibility of

offspring was observed in the rabbit developmental toxicity study but
not in the developmental

toxicity study in rats or DNT study in rats. In the 2-generation
reproductive toxicity study in rats, ocular toxicity (keratitis, corneal
opacity and/or corneal neovascularization), was observed at the mid and
high doses in the adults and offspring of two generations. Thyroid
(colloid alteration, pigment deposition) and kidney (tubular dilation)
toxicity were observed in adult animals of each generation. Colloid
alteration and pigment deposition were also observed in adult rats
following short-term dermal and chronic oral exposure of rats, although
they were attributed to aging in the latter case. Colloid alteration and
pigment deposition were of minimal severity in the 2-generation
reproductive toxicity study and therefore not of concern. At the highest
dose tested, decreased viability and decreased body weight were observed
in offspring of both generations. At the mid and/or high doses, delays
in balanopreputial separation (males) and vaginal patency (females) were
observed in first generation offspring.

4. Subchronic toxicity. Ocular toxicity was observed in male and female
rats exposed to

pyrasulfotole for 90 days either in the diet or by gavage. Mortality and
multi-organ

histopathology in the kidney, urinary bladder, thyroid, and ureters were
also observed in the

dietary study. In mice, toxicity of the urinary bladder was observed in
males, while toxicity of

the adrenal glands was observed in females treated in the diet for 28
days. Neither effect was

reproduced in the 90-day toxicity study in mice; however, urinary
bladder toxicity was observed

in the 29-day toxicity study in the dog, the 90-day toxicity study in
the rat, and the mouse

carcinogenicity study. Rats treated with pyrasulfotole for 28 days by
the dermal route

demonstrated toxicity of the thyroid and pancreas.

In a dermal toxicity study in rats, the local dermal NOAEL was >1,000
mg/kg/day. The

systemic NOAEL was 10 mg/kg/day based on histopathological changes in
the pancreas at 100

mg/kg/day.

5. Neurotoxicity. Acute, subchronic and developmental neurotoxicity of
pyrasulfotole

was assessed in the rat. No neurotoxic effects were observed in the
acute and subchronic

neurotoxicity studies or the developmental neurotoxicity study. Thus,
based on the mode of

action of pyrasulfotole and the available data from multiple studies,
the chemical is not

considered neurotoxic.

6. Chronic toxicity. Pyrasulfotole has been classified by the HED CARC
as having

“Suggestive Evidence of Carcinogenic Potential,” based on increased
incidences of corneal

tumors in male rats at the highest dose tested (2500 ppm) in the chronic
toxicity/carcinogenicity

study in rat and urinary bladder transitional cell tumors in male and
female mice at the highest

dose tested (4000 ppm) in the mouse carcinogenicity study.
Quantification of carcinogenic

potential is not required. The chronic RfD of 0.01 mg/kg/day, based on
the rat chronic

toxicity/carcinogenicity study (NOAEL = 25 ppm [1 mg/kg/day] and LOAEL
of 250 ppm [10

mg/kg/day]) would be protective of both non-cancer and potential cancer
precursor effects.

7. Animal metabolism. The excretion of pyrasulfotole was rapid.
Following oral

administration, greater than 96% of the administered dose was excreted
within 24 hours. In all

experiments, the majority of the radioactivity was excreted in the
urine. Fecal excretion

represented 8 to 10% of the administered dose during the intravenous
experiments. No volatile

residues were detected, and no mineralization was observed. Residue
levels in all tissues were

highest in liver and kidney. Once absorbed, pyrasulfotole was not
greatly metabolized, as 87 to 95% of the administered dose was excreted
unchanged as pyrasulfotole. Hydroxymethyl pyrasulfotole, desmethyl
pyrasulfotole, and pyrasulfotole benzoic acid were observed as minor
metabolites in the urine and feces. Greater than 96% of the administered
dose in each experiment was identified. The major metabolic pathway
occurred via N-demethylation of pyrasulfotole.

8. Metabolite toxicology. Plant and animal metabolism studies showed two
primary

metabolites of pyrasulfotole in food and feed commodities - the
desmethyl pyrasulfotole

(5-hydroxy-3-methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-
4-(trifluoromethyl)phenyl]

methanone and a benzoic acid metabolite
(2-(methylsulfonyl)-4-(trifluoromethyl)benzoic acid).

Based on the structure of the compound and its presence as a rat
metabolite the desmethyl

pyrasulfotole is considered to have toxicity similar to parent
pyrasulfotole. EPA has determined

that the benzoic acid metabolite is not of toxicological relevance for
human risk assessment

based on a series of toxicology studies conducted with the compound. The
studies have shown

that it is not an inhibitor of HPPDase, is not genotoxic, and not orally
toxic. A 28-day repeated

dose rat feeding study with the benzoic acid metabolite resulted in a
NOAEL of 15,000 ppm

(1118 mg/kg b.w.) in males and 15,000 ppm (1269 mg/kg b.w.) in females,
making it

significantly less toxic than the parent compound. Similarly, dietary
administration of the

benzoic acid metabolite for 90 days at 0, 1200, 4800, and 12000 ppm had
no effects on clinical

signs, food consumption, body weight or body weight gain,
ophthalmological findings,

hematology or clinical chemistry, organ weights, or histopathological
findings. The NOAEL

was 12,000 ppm (769 mg/kg bw/day for males and 952 mg/kg bw/day for
females), the highest

dose tested. In a developmental toxicity study, AE B197555 was
administered to pregnant

female rats at doses of 0, 75, 250, and 750 mg/kg bw/day. Maternal body
weight and food

consumption were decreased at the top two doses, but there was no effect
at any dose on fetal

body weight or external, visceral, or skeletal findings. The maternal
NOAEL was 75 mg/kg

bw/day, while the fetal NOAEL was 750 mg/kg bw/day. As a result of these
studies, AE

B197555 is considered not of toxicological concern for risk assessment
and was not included in

the risk assessment.

9. Endocrine disruption. The toxicology database for pyrasulfotole is
current and

complete. Studies in this database include evaluation of the potential
effects on reproduction and

development and an evaluation of the pathology of the endocrine organs
following short or

long-term exposure. There is no indication of endocrine disruption in
any study following

administration of pyrasulfotole.

C. Aggregate Exposure

Assessments were conducted to evaluate potential risks due to chronic
and acute dietary

exposure of the U.S. population and selected population subgroups to
residues of pyrasulfotole

and its metabolite
(5-Hydroxy-3-methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-

4-(trifluoromethyl)phenyl] methanone. These assessments included current
and proposed uses of

pyrasulfotole (registered cereal grains, as well as proposed uses on
sorghum and grass grown for

seed).Exponent Inc.'s Dietary Exposure Evaluation Model (DEEM-FCID,
Version 2.14), which is licensed to Bayer, was used to estimate the
chronic and acute dietary exposure. This software

uses the food consumption data from the 1994-1998 USDA Continuing
Surveys of Food Intake

by Individuals (CSFII 1994-1998). The aRfD for the general U.S.
population, including infants and children, was established based on
adverse effects observed in the developmental neurotoxicity study in the
rat. Relevant toxicological effects that could be the result of a single
dose to the fetus during gestation were delayed preputial separation
(males), decreased cerebrum length (PND 21 females), and decreased
cerebellum height (PND 21 males). These adverse effects were observed in
offspring at the lowest-observable-adverse-effect-level (LOAEL) of 37
mg/kg/day (NOAEL = 3.8 mg/kg/day). The aRfD/aPAD is 0.038 mg/kg. This
study and endpoint are the most appropriate for the population of
concern following a single oral exposure.

3.4.2 Chronic Reference Dose (cRfD)

The cRfD was established based on ocular toxicity observed in the
combined chronic

toxicity/carcinogenicity study in the rat. Adverse effects included
corneal opacity,

neovascularization of the cornea, inflammation of the cornea,
regenerative corneal hyperplasia,

corneal atrophy, and/or retinal atrophy in both sexes, and
hepatocellular hypertrophy along with

increased serum cholesterol in males at the LOAEL of 10/14 mg/kg/day
(M/F) (NOAEL = 1.0

mg/kg/day). This study provided the critical effect across three chronic
toxicity studies in the

rat, mouse, and dog. The 2-generation reproduction study is a
co-critical study. Altered colloid

and/or pigment deposition were observed in the thyroid of parental
animals at the LOAEL of

2.5/3.1 mg/kg bw/day (M/F). Application of a 3X uncertainty factor for
extrapolation of a

LOAEL to a NOAEL, based on minimal severity of the effect at the LOAEL,
would lead to a

point of departure of 1 mg/kg/day. The cRfD/cPAD is 0.01 mg/kg/day.

Results from the acute and chronic dietary exposure analyses described
below demonstrate a

reasonable certainty of no harm to the overall U.S. population or any
population subgroup will

result from the proposed use of pyrasulfotole on cereal grains.]

i. Food. Tier 1 acute and chronic risk assessments were conducted using
the results of

field trials conducted at maximum label application rates and the
shortest pre-harvest intervals.

No adjustments were made to account for dissipation of residues during
storage, transportation

from the field to the consumer, washing or peeling. Therefore, the
actual dietary exposure will

be less than that presented here.

The acute dietary exposure assessment estimated the percent of the aRfD
for the U.S. Population

and numerous population subgroups. This analysis showed that the
population subgroup with

highest acute exposure was Children 1-2 with exposure equal to 12.6% of
the aRfD for food and

water. Exposure to U.S. Population was 3.7% of the aRfD for food and
water. Therefore, the

acute dietary exposure estimates are below EPA's level of concern for
the overall U.S.

population as well as the various subpopulations.

The chronic dietary exposure estimated the percent of the chronic
reference dose (cRfD) for the

overall US population and various subpopulations. In this analysis, the
population subgroup

with the highest exposure was Children 1-2 with exposure equal to 13.7%
of the cRfD while the

U.S. population had exposure equal to 4.6% of the cRfD. Therefore, the
chronic exposure

estimates are below EPA's level of concern for the overall U.S.
population as well as all

subpopulations.

ii. Drinking water. EPA’s Tier 1 EDWCs for surface and ground water
were generated

using FIRST and SCIGROW, respectively. Based on the results of these
simulations, EPA

recommended an acute surface water EDWC of 4.0 μg/L and a chronic EDWC
of 2.8 μg/L for

use in the human-health risk assessment. These recommendations are based
on the use of

pyrasulfotole on cereal grains (wheat, barley, oats, and triticale) at
an annual application rate of

0.045 lb ai/A/year. The recommended EDWC for groundwater was 1.4 μg/L
and is also based

on the use of pyrasulfotole on cereal grains at the previously stated
rate. Potential water residues

are included in the dietary exposure calculated above.

2. Non-dietary exposure. There are no current residential uses for
pyrasulfotole.

D. Cumulative Effects

Pyrasulfotole is an herbicide that acts by inhibiting the breakdown of
the amino acid

tyrosine in plants and animals at the 4-hydroxyphenypyruvic acid
dioxygenase (HPPDase)

enzyme; the second enzyme in the tyrosine catabolism pathway. Although
there are other

herbicides that are HPPDase inhibitors, it has not been established that
pyrasulfotole will have

cumulative effects with other HPPDase inhibitors.

E. Safety Determination

1. U.S. population. [Using the conservative exposure assumptions
described above and

based on the completeness of the toxicity data, it can be concluded that
aggregate exposure to

residues of pyrasulfotole presents a reasonable certainty of no harm.
The acute assessment

indicated that exposure from residues in crops utilized approximately
3.4% of the acute RfD for

the U. S. Population when food and water are included. Exposure from
residues in crops and water utilizes 4.6% of the cRfD for the U.S.
Population. EPA generally has no concerns for exposures below 100% of
the cRfD. An aggregate assessment for the proposed uses for
pyrasulfotole demonstrates that there is a reasonable certainty that no
harm will result to the US Population from these uses of imidacloprid.

2. Infants and children. Developmental studies have been conducted in
the rat and the

rabbit and a developmental neurotoxicity study conducted in the rat. In
addition, a twogeneration

reproduction study was conducted in the rat. Based on the available
data, there is no

concern for pre- and/or postnatal toxicity resulting from exposure to
pyrasulfotole. There is no

evidence of increased susceptibility following pre-/post-natal exposure
to rats in the

developmental neurotoxicity study or the 2-generation reproduction
study. Evidence of

quantitative susceptibility was noted in the rabbit developmental
toxicity study based on skeletal

variants in fetuses (75 mg/kg bw/day), in the absence of overt clinical
toxicity in the dams.

However, based on the data available regarding sensitivity of the rabbit
to tyrosinemia, and since

the skeletal variants were similar to those noted in rats and rabbits
with other HPPDase

inhibitors, these effects are considered secondary to elevated tyrosine
in the dams and are not

relevant for human health risk assessment.

FFDCA section 408 provides that EPA shall apply an additional tenfold
margin of safety for

infants and children in the case of threshold effects to account for pre
and post natal toxicity

and the completeness of the data base unless EPA determines that a
different margin of

safety will be safe for infants and children. The toxicological database
for pyrasulfotole is

complete for FQPA purposes and there are no residual uncertainties for
pre-/post-natal

toxicity for pyrasulfotole. Based on the available toxicity data the
Special FQPA Safety

ˆ

”

Based on the exposure assessments described above and on the
completeness and reliability of the toxicity data, it can be concluded
that the dietary exposure from the proposed uses for pyrasulfotole
consumes 12.6% of the aRfD and 13.7% of the cRfD for Children 1-2 (the
most sensitive population subgroup). Thus, it can be concluded that
there is a reasonable certainty that no harm will result from aggregate
exposure to pyrasulfotole residues.

F. International Tolerances

No CODEX Maximum Residue Levels (MRLs) have been established for
residues

of pyrasulfotole on cereal grains, sorghum or grass grown for see


[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Notices]
[Pages 66316-66317]
[FR Doc No: 2020-23055]

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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: ER20-1720-001.
    Applicants: Southern California Edison Company.
    Description: Compliance filing: SCE Update Appendix IX, Attachment
2 Formula Rate Compliance Order 864 to be effective 1/27/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5038.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER20-2888-001.
    Applicants: Townsite Solar, LLC.
    Description: Tariff Amendment: Townsite Solar, LLC MBR Supplement
to be effective 9/17/2020.
    Filed Date: 9/29/20.
    Accession Number: 20200929-5157.
    Comments Due: 5 p.m. ET 10/20/20.

    Docket Numbers: ER20-3011-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Errata to ISA, SA No. 5757; Queue
No. AC1-161 in Docket No. ER20-3011 to be effective 8/28/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5045.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-76-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-10-09_SA 3340 Iris
Solar-Entergy Louisiana 1st Rev GIA (J1184) to be effective 9/25/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5024.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-77-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, Service
Agreement No. 5804; Queue No. AF2-280 to be effective 9/9/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5034.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-78-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Amendment to CED Solar
Development (Timberland Solar) Amended and Restated LGIA to be
effective 9/12/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5088.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-79-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Establish
Minimum TCR Collateral Requirements to be effective 5/1/2021.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5099.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-80-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Compliance filing: Certificate of Concurrence in LGIA
Sun Streams (CAISO Service Agreement No. 62) to be effective 10/7/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5105.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-81-000.
    Applicants: Appalachian Power Company.
    Description: Sec.  205(d) Rate Filing: APCo-Town of Bedford Letter
Agreement Temporary Install Backup Mobile Substation to be effective
10/9/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5112.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-82-000.
    Applicants: Soldier Creek Wind, LLC.
    Description: Baseline eTariff Filing: Soldier Creek Wind, LLC &
Irish Creek Wnd, LLC SIFCA to be effective 10/24/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5114.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-83-000.
    Applicants: Potomac Electric Power Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: PEPCO submits Revisions to
OATT, Att. H-9A re: Depreciation Rates to be effective 1/1/2021.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5124.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-84-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Mid-Atlantic Interstate
Transmision submits Revised IA SA No. 4577 to be effective 12/9/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5127.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-85-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits ECSAs, SA Nos.
5705, 5706, 5707, 5708, 5709 an 5721 to be effective 12/9/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5133.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-86-000.
    Applicants: Orange County Energy Storage 2 LLC.
    Description: Baseline eTariff Filing: Baseline new to be effective
12/9/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5135.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-87-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits Operating and
Interconnection Agreement Revised SA No. 4578 to be effective 12/9/
2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5136.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-88-000.
    Applicants: Orange County Energy Storage 3 LLC.
    Description: Baseline eTariff Filing: Baseline new to be effective
12/9/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5137.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ER21-89-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA No. 5795; Queue
No. AF1-259 to be effective 9/10/2020.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5158.
    Comments Due: 5 p.m. ET 10/30/20.

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

    Docket Numbers: ES21-1-000.
    Applicants: New Hampshire Transmission, LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities, et al. of New Hampshire
Transmission, LLC.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5134.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ES21-2-000.
    Applicants: DesertLink, LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of DesertLink, LLC.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5155.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ES21-3-000.
    Applicants: Republic Transmission, LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Republic Transmission, LLC.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5156.
    Comments Due: 5 p.m. ET 10/30/20.

    Docket Numbers: ES21-4-000.
    Applicants: Silver Run Electric, LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Silver Run Electric, LLC.
    Filed Date: 10/9/20.
    Accession Number: 20201009-5157.
    Comments Due: 5 p.m. ET 10/30/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: October 9, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-23055 Filed 10-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78150-78153]
[FR Doc No: 2022-27656]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96510; File No. SR-CBOE-2022-061]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Exchange's Fees Schedule To Adopt Global Trading Hours XSP Lead
Market-Makers Incentive Programs

December 15, 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 December 12, 2022, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to update its Fees Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to adopt Global
Trading Hours (``GTH'') XSP Lead Market-Makers (``LMMs'') Incentive
Programs (collectively, the ``Programs''), effective December 12, 2022.
The Exchange anticipates listing XSP options for trading during the GTH
session, effective trade date December 12, 2022. In connection with the
proposed launch of XSP options during GTH, the Exchange proposes to
adopt financial programs for LMMs appointed to the Programs during GTH.
Particularly, the Exchange proposes to adopt (i) a ``GTH1 XSP LMM
Incentive Program'' (``GTH1 Program'') under which LMMs appointed to
the proposed program would have to provide continuous electronic quotes
during GTH from 7:15 p.m. CST to 2:00 a.m. CST (``GTH1'') that meet or
exceed the proposed quoting standards under the program (as described
in further detail below) and (ii) a ``GTH2 XSP LMM Incentive Program''
(``GTH2 Program'') under which LMMs appointed to the proposed program
would have to provide continuous electronic quotes during GTH from 2:00
a.m. CST to 9:15 a.m. [sic] CST (``GTH2''). The Exchange similarly
maintains separate LMM Incentive Programs for the GTH1 and GTH2 trading
sessions in the two other products that are currently listed during
GTH.\3\
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    \3\ See Cboe Options Fees Schedule, GTH1 VIX/VIXW LMM Incentive
Program, GTH2 VIX/VIXW LMM Incentive Program, GTH1 SPX/SPXW LMM
Incentive Program and GTH2 SPX/SPXW LMM Incentive Program.
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    As proposed, the GTH1 Program provides that if the LMM appointed to
the Program provides continuous electronic quotes during GTH1 that meet
or exceed the proposed heightened quoting standards (below) in at least
85% of the series 90% of the time in a given month, the LMM will
receive (i) a payment for that month in the amount of $10,000 and (ii)
a credit of $0.03 per contract applied to all XSP contracts executed in
a Market-Maker capacity which provide liquidity in the Simple Book
during Regular Trading Hours (``RTH'') (or pro-rated amounts if an
appointment begins after the first trading day of the month or ends
prior to the last trading day of the month).\4\
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    \4\ For the month of December 2022, the Exchange proposes to
pro-rate the incentives and apply the heightened quoting standard
from trade date December 12 to December 30, in light of the mid-
month launch of XSP options during the GTH session.

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                                                                             Expiring                        Near term                       Mid term                        Long term
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                          Premium level                                   7 days or less                 8 days to 60 days              61 days to 270 days            271 days to 500 days
                                                                 -------------------------------------------------------------------------------------------------------------------------------
                                                                       Width           Size            Width           Size            Width           Size            Width           Size
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VIX Value at Prior Close <20
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
$0.01-$1.00.....................................................           $0.04              10           $0.05              10           $0.07               5           $0.15               5
$1.01-$5.00.....................................................            0.06              10            0.09              10            0.12               5            0.20               5
$5.01-$8.00.....................................................            0.10              10            0.16              10            0.25               5            0.40               5
$8.01-$12.00....................................................            0.40               5            0.70               5            1.00               5            1.25               5
$12.01-$20.00...................................................            0.80               5            1.20               5            1.60               5            2.00               5

>20.00..........................................................            1.60               5            2.00               5            2.40               5            3.20               5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               VIX Value at Prior Close from 20-30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
$0.01-$1.00.....................................................            0.06              10            0.07              10            0.09               5            0.17               5
$1.01-$5.00.....................................................            0.09              10            0.11              10            0.14               5            0.22               5
$5.01-$8.00.....................................................            0.14              10            0.18              10            0.30               5            0.45               5
$8.01-$12.00....................................................            0.60               5            0.80               5            1.10               5            1.35               5
$12.01-$20.00...................................................            1.00               5            1.30               5            1.80               5            2.20               5
>20.00..........................................................            2.00               5            2.40               5            2.80               5            3.60               5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             VIX Value at Prior Close 30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
$0.01-$1.00.....................................................            0.07              10            0.09              10            0.11               5            0.20               5
$1.01-$5.00.....................................................            0.10              10            0.14              10            0.18               5            0.27               5
$5.01-$8.00.....................................................            0.14              10            0.20              10            0.35               5            0.50               5
$8.01-$12.00....................................................            0.60               5            0.90               5            1.20               5            1.50               5
$12.01-$20.00...................................................            1.20               5            1.50               5            2.00               5            2.40               5
>20.00..........................................................            2.40               5            2.80               5            3.20               5            4.00               5
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    As proposed, the GTH2 Program will provide that if an LMM appointed
to the Program provides continuous electronic quotes during GTH2 that
meet or exceed the proposed heightened quoting standards set forth
above (the same as GTH1) in at least 85% of the series 90% of the time
in a given month, the LMM will receive a payment for that month in the
amount of $20,000 (or pro-rated amount if an appointment begins after
the first trading day of the month or ends prior to the last trading
day of the month).\5\
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    \5\ For the month of December 2022, the Exchange proposes to
pro-rate the incentives and apply the heightened quoting standard
from trade date December 12 to December 30, in light of the mid-
month launch of XSP options during the GTH session.
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    Meeting or exceeding the heightened quoting standards in XSP, as
proposed, to receive the proposed compensation payment(s) is optional
for any LMM appointed to either program. The Exchange may consider
other exceptions to this quoting standard based on demonstrated legal
or regulatory requirements or other mitigating circumstances. In
calculating whether an LMM met the heightened quoting standard each
month, the Exchange will exclude from the calculation in that month the
business day in which the LMM missed meeting or exceeding the
heightened quoting standard in the highest number of series. The
heightened quoting requirements offered by the Programs are designed to
incentivize LMMs appointed to the Program to provide significant
liquidity in XSP options during the GTH session upon their listing and
trading on the Exchange during GTH, which, in turn, would provide
greater trading opportunities, added market transparency and enhanced
price discovery for all market participants in XSP.
    In connection with the launch of XSP during GTH, the Exchange also
proposes to update Footnote 37 which footnote provides a description of
GTH and lists the applicable products available for trading during GTH
(currently only VIX and SPX/SPX). Particularly, the Exchange proposes
to add a reference to XSP in Footnote 37 to reflect its availability
for trading during GTH. The Exchange notes that on December 12, 2022,
it also anticipates launching XSP during the Curb Trading Hours
session, which session commences at 3:15PM CT and terminates at 4:00PM
CT. Footnote 42 of the Fees Schedule similarly describes the Curb
Trading Hours session and lists the available products for trading
(currently also only VIX and SPX/SPXW) and the Exchange therefore
proposes to update the footnote to add a reference to XSP. The exchange
notes that all fees currently applicable to XSP during the RTH session
will continue to apply to XSP during the GTH and Curb Trading Hours
sessions.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\6\ in general, and
furthers the objectives of Section 6(b)(4),\7\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \8\
requirements that the rules of an exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed XSP GTH LMM Incentive Programs
are reasonable, equitable and not unfairly discriminatory.
Particularly, the proposed Programs are reasonable financial incentive
programs because the proposed heightened quoting standards and rebate
amounts for meeting the heightened quoting standards in XSP series
during GTH1 and GTH2, respectively are reasonably designed to
incentivize LMMs appointed to the Programs to meet the proposed
heightened quoting standards during GTH for XSP, thereby providing
liquid and active markets, which facilitates tighter spreads, increased
trading opportunities, and overall enhanced market quality to the
benefit of all market participants, particularly in a newly listed and
traded product during the GTH session on the Exchange.
    The Exchange believes that the proposed heightened quoting
standards are reasonable because they are similar to the detail and
format (VIX Index value indicator, corresponding premiums, quote
widths, and sizes) of the quoting standards currently in place

for LMM Incentive Programs for other proprietary Exchange products
during GTH.\9\ The Exchange also believes that proposed heightened
quoting requirements are reasonably tailored to reflect market
characteristics of XSP. For example, the Exchange believes the
generally smaller premium levels, widths and quote sizes appropriately
reflect the lower-priced and smaller nationalize sized XSP product (XSP
options are 1/10th the size of SPX options). Indeed, the Exchange
believes the proposed finer premiums, smaller quote widths and smaller
sizes (comparatively) in the proposed heightened quoting standards for
the XSP GTH LMM Incentive Programs reasonably reflect what the
Exchanges believes are typical market characteristics in XSP options,
given their smaller notional value.
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    \9\ See Cboe Options Fees Schedule, ``GTH1 VIX/VIXW LMM
Incentive Program'', ``GTH2 VIX/VIXW LMM Incentive Program'', ``GTH1
SPX/SPXW LMM Incentive Program'', and ``GTH2 SPX/SPXW LMM Incentive
Program''.
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    The Exchange further believes the proposed heighten quoting
requirements are also reasonably tailored to reflect then-current
market conditions and market characteristics, as the proposed quoting
standards that are applicable depend on the VIX Index value at the
prior market close (i.e., at the close of the preceding RTH session).
Spreads in SPX-based options, including XSP, generally widen when the
market experiences higher volatility (i.e., the VIX Index level is
higher in value). Therefore, to encourage LMMs to meet the proposed
quoting standards regardless of market volatility, the proposed rule
change adopts generally wider widths where the market may be
experiencing higher volatility (i.e., when the value of the VIX Index
in the proposed VIX value categories becomes relatively higher compared
to the closing index value from the preceding trading session). The
Exchange notes that the quoting standards currently in place under the
GTH1 and GTH2 VIX/VIXW and SPX/SPXW LMM Incentive Programs are tailored
in a similar manner.
    The Exchange also believes that the proposed incentive payments for
appointed LMMs that meet the proposed heightened quoting standards in
XSP in a month is reasonable and equitable as they are comparable to
the rebates offered for other LMM Incentive Programs for other
proprietary products. For example, the GTH1 and GTH2 LMM Incentive
Programs for SPX/SPXW and for VIX/VIXW offer compensation payments
between $15,000 and $35,000 per month, in which an appointed LMM meets
the given quoting standards.\10\ The GTH1 and GTH2 VIX/VIXW LMM
Incentive Programs also provides an additional per contract credit for
Market-Maker VIX/VIXW orders executed in RTH.\11\ Additionally, the
Exchange believes the proposed incentives are reasonably designed to
continue to incentivize appointed LMMs to meet the proposed quoting
standards for XSP, thereby providing liquid and active markets, which
facilitates tighter spreads, increased trading opportunities, and
overall enhanced market quality to the benefit of all market
participants.
---------------------------------------------------------------------------

    \10\ See id.
    \11\ See Cboe Options Fees Schedule, ``GTH2 VIX/VIXW LMM
Incentive Program''.
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    Finally, the Exchange believes it is equitable and not unfairly
discriminatory to offer the financial incentive to LMMs appointed to
the XSP GTH LMM Incentive Programs because it will benefit all market
participants trading in XSP during GTH by encouraging the appointed
LMMs to satisfy the heightened quoting standards, which incentivizes
continuous increased liquidity and thereby may provide more trading
opportunities and tighter spreads. Indeed, the Exchange notes that
these LMMs serve a crucial role in providing quotes and the opportunity
for market participants to trade XSP, which can lead to increased
volume, providing for robust markets. The Exchange ultimately proposes
to offer the XSP GTH LMM Incentive Programs to sufficiently incentivize
the appointed LMMs to provide key liquidity and active markets in XSP
options which will be newly listed and traded during the GTH session to
encourage liquidity, thereby protecting investors and the public
interest. The Exchange also notes that an LMM appointed to the Programs
may undertake added costs each month to satisfy that heightened quoting
standards (e.g., having to purchase additional logical connectivity).
The Exchange believes the proposed program is equitable and not
unfairly discriminatory because similar programs currently exist for
LMMs appointed to programs in other proprietary products,\12\ and the
proposed program will equally apply to any TPH that is appointed as an
LMM to the GTH1 or GTH2 LMM Incentive Programs. Additionally, if an
appointed LMM does not satisfy the heightened quoting standard in XSP
for any given month, then it simply will not receive the offered
payments for that month.
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    \12\ See supra note 11.
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    Lastly, the Exchange believes updating Footnotes 37 and 42 of the
Fees Schedule provides clarity in the fees schedule as to the products
available during the GTH and Curb Trading Hours sessions, alleviating
potential confusion, thereby removing impediments to and perfecting the
mechanism of a free and open market and a national market system, and,
in general, protecting investors and the public interest.

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 intramarket or intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
Rather, as discussed above, the Exchange believes that the proposed
change would encourage the submission of additional liquidity to a
public exchange, thereby promoting market depth, price discovery and
transparency and enhancing order execution and price improvement
opportunities for all TPHs. As a result, the Exchange believes that the
proposed change furthers the Commission's goal in adopting Regulation
NMS of fostering competition among orders, which promotes ``more
efficient pricing of individual stocks for all types of orders, large
and small.'' \13\
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    \13\ Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
---------------------------------------------------------------------------

    The Exchange does not believe that the proposed rule change will
impose any burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Indeed, the
proposed GTH1 XSP and GTH2 XSP LMM Incentive Programs will apply to all
LMMs appointed to each program in a uniform manner. To the extent the
LMMs appointed to one of the proposed programs receive a benefit that
other market participants do not, as stated, these LMMs in their role
as Market-Makers on the Exchange have different obligations and are
held to different standards. For example, Market-Makers play a crucial
role in providing active and liquid markets in their appointed
products, thereby providing a robust market which benefits all market
participants. Such Market-Makers also have obligations and regulatory
requirements that other participants do not have. An LMM appointed to a
program may undertake added costs each month that it needs to satisfy
the quoting standards (e.g., having to purchase additional logical

connectivity). The programs are ultimately designed to attract
additional order flow in XSP options to the Exchange during GTH,
wherein greater liquidity will benefit all market participants by
providing more trading opportunities, tighter spreads, and added market
transparency and price discovery, and signals to other market
participants to direct their order flow to those markets, thereby
contributing to robust levels of liquidity during new trading hours.
The Exchange also does not believe that the proposed changes will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the Act because the proposed programs are
applicable to transactions in a product exclusively listed on the
Exchange. Additionally, the Exchange notes that it operates in a highly
competitive market. TPHs have numerous alternative venues that they may
participate on and direct their order flow, including 15 other options
exchanges, as well as off-exchange venues, where competitive products
are available for trading. Based on publicly available information, no
single options exchange has more than 18% of the market share.\14\
Therefore, no exchange possesses significant pricing power in the
execution of option order flow. Indeed, participants can readily choose
to send their orders to other exchange, and, additionally off-exchange
venues, if they deem fee levels at those other venues to be more
favorable. Moreover, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \15\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . . .''.\16\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
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    \14\ See Cboe Global Markets U.S. Options Market Volume Summary,
Month-to-Date (December 9, 2022), available at https://markets.cboe.com/us/options/market_statistics/.
    \15\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \16\ NetCoalition v. SEC, 615 F.3d 525, 539 (DC Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4 \18\
thereunder. 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
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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 email to [email protected]. Please include
File Number SR-CBOE-2022-061 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-CBOE-2022-061. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2022-061 and should be submitted on
or before January 11, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27656 Filed 12-20-22; 8:45 am]
BILLING CODE 8011-01-P