[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Notices]
[Pages 43108-43110]
[FR Doc No: 2023-14253]

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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: ER10-1790-023; ER10-2273-005; ER10-2468-005; ER10-
2481-007; ER10-2597-007; ER10-3196-005; ER11-2041-018;

ER11-2042-018; ER12-1825-037; ER13-33-008; ER14-2672-024; ER21-1716-
005; ER22-2519-003; ER23-1470-001; ER23-1476-001.
    Applicants: Cottontail Solar 8, LLC, Cottontail Solar 2, LLC,
Bellflower Solar 1, LLC, BP Energy Company, BP Energy Retail Company
LLC, Collegiate Clean Energy, LLC, BP Energy Retail Company California
LLC, Seneca Energy, II LLC, Innovative Energy Systems, LLC, PEI Power
LLC, Fowler Ridge III Wind Farm LLC, Ingenco Wholesale Power, L.L.C.,
Fowler Ridge Wind Farm LLC, PEI Power II, LLC, BP Energy Company.
    Description: Triennial Market Power Analysis for Northeast Region
of BP Energy Company, et al.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5206.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER10-2527-011; ER10-2532-019; ER10-2535-013; ER20-
1610-004; ER23-842-002; ER23-843-002; ER23-1497-001; ER23-1595-001.
    Applicants: LRE Energy Services, LLC, GSG Wind, LLC, Oak Trail
Solar, LLC, Big Plain Solar, LLC, Lone Tree Wind, LLC, Mendota Hills,
LLC, Crescent Ridge LLC, Allegheny Ridge Wind Farm, LLC.
    Description: Updated Market Power Analysis for Northeast Region and
Notice of Non-Material Change in Status of Allegheny Ridge Wind Farm,
LLC, et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5187.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER10-2906-020; ER10-2908-020; ER12-1301-011; ER15-
1637-001; ER17-19-001; ER19-1716-008.
    Applicants: Morgan Stanley Energy Structuring, L.L.C., Red Oak
Power, LLC, Bayonne Energy Center, LLC, Zone J Tolling Co., LLC, MS
Solar Solutions Corp., Morgan Stanley Capital Group Inc.
    Description: Updated Market Power Analysis for Northeast Region of
Morgan Stanley Capital Group Inc., et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5188.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER14-1140-006; ER10-1484-030; ER12-2381-016; ER13-
1069-019; ER21-2001-001; ER22-1777-002; ER22-1779-002.
    Applicants: Marion County Solar Project, LLC, Madison Fields Solar
Project, LLC, Shell Chemical Appalachia LLC, MP2 Energy LLC, MP2 Energy
NE LLC, Shell Energy North America (US), L.P., Inspire Energy Holdings,
LLC.
    Description: Updated Market Power Analysis for Northeast Region and
Notice of Non-Material Change in Status of Inspire Energy Holdings,
LLC, et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5190.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER16-1720-024; ER21-2137-008.
    Applicants: IR Energy Management LLC, Invenergy Energy Management
LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Invenergy Energy Management LLC, et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5185.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER19-665-002; ER19-666-002; ER19-667-003; ER19-669-
003; ER19-2621-002.
    Applicants: FirstLight Power Management LLC, Northfield Mountain
LLC, FirstLight MA Hydro LLC, FirstLight CT Hydro LLC, FirstLight CT
Housatonic LLC.
    Description: Updated Market Power Analysis for Northeast Region of
FirstLight CT Housatonic LLC, et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5189.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER21-1838-004; ER10-2133-026; ER11-3872-027.
    Applicants: Stony Creek Energy LLC, Sheldon Energy LLC, Orangeville
Energy Storage LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Orangeville Energy Storage LLC, et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5186.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER23-66-002; ER20-2202-003; ER20-2032-003; ER10-
2834-008; ER23-139-004; ER17-1438-004; ER17-2056-002; ER23-1500-001;
ER10-1252-021; ER23-1501-001; ER23-1502-001; ER10-1246-021; ER10-2821-
009; ER20-2671-007; ER23-138-003; ER12-1329-009.
    Applicants: Wildcat Wind Farm I, LLC, Watlington Solar, LLC, Water
Strider Solar, LLC, Stony Creek Wind Farm, LLC, RWE Clean Energy
Wholesale Services, Inc., RWE Supply & Trading US, LLC, RWE Supply &
Trading Americas, LLC, RWE Clean Energy Solutions, Inc., RWE Clean
Energy QSE, LLC, RWE Renewables O&M, LLC, Radford's Run Wind Farm, LLC,
Pleasant Hill Solar, LLC, Munnsville Wind Farm, LLC, Hardin Wind LLC,
Cassadaga Wind LLC, Baron Winds LLC.
    Description: Updated Market Power Analysis for Northeast Region of
Baron Winds LLC, et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5191.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER23-1855-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2023-06-29_SA 3391 Ameren IL-Maple
Flats Solar Energy Sub 3rd Rev GIA (J813) to be effective 4/25/2023.
    Filed Date: 6/29/23.
    Accession Number: 20230629-5007.
    Comment Date: 5 p.m. ET 7/20/23.

    Docket Numbers: ER23-2294-000.
    Applicants: Vikings Energy Farm LLC.
    Description: Baseline eTariff Filing: Vikings Energy Farm MBR
Tariff to be effective 6/29/2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5143.
    Comment Date: 5 p.m. ET 7/19/23.

    Docket Numbers: ER23-2296-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original NSA, Service
Agreement No. 6989; Queue No. AE1-040 to be effective 5/30/2023.
    Filed Date: 6/29/23.
    Accession Number: 20230629-5024.
    Comment Date: 5 p.m. ET 7/20/23.

    Docket Numbers: ER23-2297-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Montana-Dakota Utilities Co.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2023-
06-29_MDU Depreciation Rates to be effective 7/1/2023.
    Filed Date: 6/29/23.
    Accession Number: 20230629-5029.
    Comment Date: 5 p.m. ET 7/20/23.

    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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful

public engagement and participation in Commission proceedings. OPP can
help members of the public, including landowners, environmental justice
communities, Tribal members and others, access publicly available
information and navigate Commission processes. For public inquiries and
assistance with making filings such as interventions, comments, or
requests for rehearing, the public is encouraged to contact OPP at
(202) 502-6595 or [email protected].

    Dated: June 29, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14253 Filed 7-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Page 6545]
[FR Doc No: 2018-03067]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP18-415-000.
    Applicants: Petition for Initiation of Show Cause Proceedings.
    Description: Industry Petition for Initiation of Show Cause
Proceedings Directed To Interstate Natural Gas Pipelines and Storage
Companies.
    Filed Date: 1/31/18.
    Accession Number: 20180131-5345.
    Comments Due: 5 p.m. ET 2/12/18.

    Docket Numbers: RP18-413-001.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Tariff Amendment: Amendment to Filing in Docket No.
RP18-413-000 to be effective 2/1/2018.
    Filed Date: 2/1/18.
    Accession Number: 20180201-5113.
    Comments Due: 5 p.m. ET 2/13/18.

    Docket Numbers: RP18-422-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--4-1-2018
releases to Twin Eagle to be effective 4/1/2018.
    Filed Date: 2/5/18.
    Accession Number: 20180205-5050.
    Comments Due: 5 p.m. ET 2/20/18.

    Docket Numbers: RP18-426-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Settlement Base Rates and CCRM
2017 Adjustment to be effective 1/1/2018.
    Filed Date: 2/5/18.
    Accession Number: 20180205-5101.
    Comments Due: 5 p.m. ET 2/20/18.

    Docket Numbers: RP18-427-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Adjusted CCRM 2018 to be
effective 2/1/2018.
    Filed Date: 2/5/18.
    Accession Number: 20180205-5106.
    Comments Due: 5 p.m. ET 2/20/18.

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

    Dated: February 7, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-03067 Filed 2-13-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55665-55667]
[FR Doc No: 2015-23214]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75881; File No. SR-NYSEArca-2015-75]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Fee Schedule

September 10, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 1, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(``Fee Schedule''). The Exchange proposes to implement the fee change
effective September 1, 2015. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to modify the criteria used for Lead
Market Makers and Market Makers (collectively, ``Market Makers'') to
qualify for the Monthly Posting Credit Tiers For Executions in Penny
Pilot Issues and SPY (the ``Posting Tiers''). The Exchange proposes to
implement the fee change effective September 1, 2015.
    Currently, Market Makers qualify for the Posting Tiers by achieving
certain volume-based criteria based on average electronic executions
per day.\4\ The Posting Tiers include the Select, Super and Super II
tiers and the volume requirements to achieve each are as follows:
---------------------------------------------------------------------------

    \4\ The Exchange notes that there is a posting credit associated
with a Base Tier for which there is no volume requirement.
---------------------------------------------------------------------------

     Select Tier: a Market Maker must meet an Average Daily
Volume (``ADV'') of 30,000 contracts from Market Maker Posted Orders in
both Penny Pilot and non-Penny Pilot issues;
     Super Tier: a Market Maker must meet either (i) an ADV of
80,000 contracts from Market Maker Posted Orders in both Penny Pilot
and non-Penny Pilot issues or (ii) an ADV of 200,000 contracts combined
from all orders in Penny Pilot Issues,\5\ and at least 100,000 of those
contracts have to be from Posted Orders in Penny Pilot Issues; and
---------------------------------------------------------------------------

    \5\ Unlike the Select Tier and Super Tier II, in calculating the
Super Tier, the Exchange will include the ADV of the Market Maker's
affiliate(s).
---------------------------------------------------------------------------

     Super Tier II: a Market Maker must meet an ADV of 200,000
contracts from Market Maker orders in all issues, and at least 110,000
of those contracts have to be from Posted Orders from both Penny Pilot
and non-Penny Pilot issues.
    The Exchange is proposing to replace the existing thresholds that
are based on static ADV of contracts traded with market share criteria,
specifically percentages of total industry customer equity and exchange
traded fund (``ETF'') option ADV.\6\ The Exchange believes this
modification would enable Market Makers to achieve the Posting Tiers
more consistently, despite monthly or seasonal fluctuations in industry
volume. The Exchange is not proposing to adjust the source of the
qualifying volume for each Posting Tier. Specifically, the Exchange
proposes the market share requirements to achieve each Posting Tier as
follows:
---------------------------------------------------------------------------

    \6\ The volume thresholds are based on Market Makers' volume
transacted electronically as a percentage of total industry Customer
equity and ETF options volumes as reported by the Options Clearing
Corporation (the ``OCC''). Total industry customer equity and ETF
option volume is comprised of those equity and ETF contracts that
clear in the Customer account type at OCC and does not include
contracts that clear in either the Firm or Market Maker account type
at OCC or contracts overlying a security other than an equity or ETF
security. See OCC Monthly Statistics Reports, available here, http://www.theocc.com/webapps/monthly-volume-reports.
---------------------------------------------------------------------------

     Select Tier: a Market Maker would have to achieve at least
0.25% of Total Industry Customer Equity and ETF option ADV from Market
Maker Posted Orders in both Penny Pilot and non-Penny Pilot issues;
     Super Tier: a Market Maker would have to achieve either
(i) at least 0.65% of Total Industry Customer Equity and ETF option ADV
from Market Maker Posted Orders in both Penny Pilot and non-Penny Pilot
issues or (ii) at least 1.60% of Total Industry Customer Equity and ETF
option ADV from all orders in Penny Pilot Issues, all account types,
with at least 0.80% of Total Industry Customer Equity and ETF option
ADV from Posted Orders in Penny Pilot Issues; \7\ and
---------------------------------------------------------------------------

    \7\ As is the case today, in calculating the Super Tier, the
Exchange will include the ADV of the Market Maker's affiliate(s).
---------------------------------------------------------------------------

     Super Tier II: a Market Maker must achieve at least 1.60%
of Total Industry Customer Equity and ETF option ADV

from Market Maker orders in all issues, and at least 0.90% of Total
Industry Customer Equity and ETF option ADV from Posted Orders from
both Penny Pilot and non-Penny Pilot issues.
    The Exchange is not proposing any changes to the amount of the
Posting Credits for any of the tiers.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\9\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that modifying the qualification criteria for
Market Maker Posting Credit Tiers is reasonable, equitable, and not
unfairly discriminatory because it makes the Posting Tiers more
consistently achievable as the Tiers will be less dependent on
fluctuations in overall industry volume. The Exchange believes
modifying the Posting Tiers based on achieving percentages of market
share is also not unfairly discriminatory as it is based on the amount
of business conducted on the Exchange and therefore rewards similar
efforts month-to-month, while not resulting in windfalls during periods
of heavy volumes, or penalizing firms focused on trading at NYSE Arca
during months of overall lower volumes.
    The Exchange believes modifying the Posting Tiers based on
achieving percentages of market share is reasonable, equitable, and not
unfairly discriminatory because the Exchange utilizes this criterion as
a basis for determining posting credits to other market participants
and this criterion is commonly used for this purpose by competing
exchanges.\10\
---------------------------------------------------------------------------

    \10\ See, e.g., Fee Schedule, available here, https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf (Customer and Professional
Customer Monthly Posting Credit Tiers and Qualifications for
Executions in Penny Pilot Issues and Customer and Professional
Customer Posting Credit Tiers in Non Penny Pilot Issues, both based
on percentage of Total Industry Customer Equity and ETF Option ADV);
NASDAQ Options Market fee schedule, available at, http://www.nasdaqtrader.com/Micro.aspx?id=optionsPricing (NOM Market Maker
Rebate to Add Liquidity in Penny Pilot Options based on total
industry customer equity and ETF option ADV contracts per day in a
month); BATS Options Exchange fee schedule, available at, http://www.batsoptions.com/support/fee_schedule/ (Market Maker and Non-BATS
Market Maker Penny Pilot Add Volume Tiers Market Maker and Non-BATS
Market Maker Non Penny Pilot Add Volume Tiers, both based on
percentage of total consolidated monthly volume calculated).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed change to the
qualification criteria is reasonable, equitable, and not unfairly
discriminatory, as the Posting Credits are intended to encourage
quoting at the National Best Bid and Offer (``NBBO'') which in turn
benefits both Customers and non-Customers by having narrower spreads
available for execution.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. Instead, the Exchange believes that the
proposed change would encourage competition, including by attracting a
wider variety of business to the Exchange, which would make the
Exchange a more competitive venue for, among other things, order
execution and price discovery. In addition, by adjusting the
qualifications to a market share basis rather than per contract volume
levels, the Exchange believes the proposed change encourages
competition without undue burden by being based on a share of overall
business rather than a static volume amount.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Moreover, because the proposed change continues to base the Posting
Tiers on the amount of business conducted on the Exchange, it would
apply equally to similarly-situated Marker Makers and would not impose
a disparate burden on competition either among or between classes of
market participants.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-75 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-NYSEArca-2015-75. 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 such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2015-75 and should be submitted on or before October 7, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-23214 Filed 9-15-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Notices]
[Page 19916-19918]
[DOCID:fr11ap08-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57622; File No. SR-FINRA-2008-012]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating to Technical Amendments to Incorporated
NYSE Rule Interpretation 344/02

April 4, 2008.
    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 April 4, 2008, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') a proposed rule change as described in Items I and
II below, which items have been prepared substantially by FINRA. FINRA
has designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to amend Incorporated NYSE Rule Interpretation
344/02 (Research Analysts and Supervisory Analysts) (the
``Interpretation'') to make a non-substantive, technical change to the
Interpretation text.\4\
---------------------------------------------------------------------------

    \4\ As part of the consolidation of NASD and NYSE Member
Regulation, FINRA incorporated into its rulebook certain NYSE rules
related to member firm conduct (``Incorporated NYSE Rules''). As a
result, the current FINRA rulebook consists of two sets of rules:
(1) NASD Rules and (2) the Incorporated NYSE Rules. While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to members of both FINRA and the NYSE, referred to
as Dual Members.
---------------------------------------------------------------------------

    Below is the text of the proposed rule change. Proposed deletions
are in [brackets].
* * * * *
Rule 344 Research Analysts and Supervisory Analysts
    /01 No Change.
    /02 Foreign Research Analysts

Exemption

    No change.

Supervisory Review

    No Change.

Disclosure

    In publishing or otherwise distributing globally branded research
reports partially or entirely prepared by a foreign research analyst, a
member organization must prominently disclose:
    (1) each affiliate contributing to the research report;
    (2) the names of the foreign research analysts employed by each
contributing affiliate;
    (3) that such research analysts are not registered/qualified as
research analysts with the NYSE and/or NASD; and
    (4) that such research analysts may not be associated persons of
the member organization and therefore may not be subject to the NYSE
Rule 472 restrictions on communications with a subject company, public
appearances and trading securities [company, public appearances and
trading securities] held by a research analyst account.
    The disclosures required by this Rule must be presented on the
front page of the research report or the front page must refer to the
page on which the disclosures can be found. In electronic research
reports, a member may hyperlink to the disclosures. References and
disclosures must be clear, comprehensive and prominent.

Record Keeping

    No change.

Application of the Federal Securities Laws, Rules and Regulations and
Self-Regulatory Organization Rules

    No change.

Effect of Exemption on Associated Person Status

    No change.

Globally-Branded Research Report

    No change.

Mixed-Team Research Report

    No change.

Affiliate

    No change.
    /03-/04 No change.
* * * * *

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

    In its filing with the Commission, FINRA 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. FINRA 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
    FINRA is proposing a non-substantive, technical rule change to
Incorporated NYSE Rule Interpretation 344/02 (Research Analysts and
Supervisory Analysts) to delete superfluous language from the
Interpretation that should not be part of the text. The Interpretation
was approved by the Commission on February 6, 2008,\5\ and is scheduled
to become effective upon publication of a Regulatory Notice announcing
the approval. The superfluous language was inadvertently included in
the rule text of the original proposed rule change.\6\
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    \5\ See Securities Exchange Act Release No. 57278 (February 6,
2008); 73 FR 8086 (February 12, 2008); Notice of Filing of Amendment
No. 1 and Order Granting Accelerated Approval of Proposed Rule
Change as Modified by Amendment No. 1 to Amend an Exemption to NASD
Rule 1050 and NYSE Rule Interpretation 344/02 for Certain Research
Analysts Employed By a Member's Foreign Affiliate Who Contribute to
the Preparation of a Member's Research Report; File No. SR-FINRA-
2007-010.
    \6\ See id.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. The effective date and the implementation date will be
the date of filing, April 4, 2008.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A of the Act, including Section 15A(b)(6) of
the Act,\7\ in that it is designed to prevent fraudulent and
manipulative acts and practices, promote just and equitable principles
of trade and, in general, to protect investors and the public interest.
FINRA believes that the proposed rule change will clarify the
Interpretation by removing unnecessary language from the text.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) 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).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of the filing.\10\
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. FINRA has requested that the
Commission waive the 30-day pre-operative delay and designate the
proposed rule change to become operative upon filing.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6)(iii). Pursuant to Rule 19b-
4(f)(6)(iii) under the Act, FINRA is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
FINRA has requested that the Commission waive the five-day pre-
filing notice requirement. The Commission has determined to waive
this requirement to allow FINRA to file the proposed technical
amendment without delay.
    \11\ Id.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the amendment merely removes duplicative language from the
Interpretation that was inadvertently included in the February 2008
order. This duplicative language could only serve to confuse parties in
attempting to comply with the Interpretation. Thus, the Commission
designates the proposal to become operative upon filing.\12\
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    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the impact of the proposed rule on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2008-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2008-012. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use

only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. 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-FINRA-2008-012 and
should be submitted on or before May 2, 2008.

    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).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-7655 Filed 4-10-08; 8:45 am]

BILLING CODE 8011-01-P