[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89564-89566]
[FR Doc No: 2016-29651]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79479; File No. SR-NYSEMKT-2016-104]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Provide That the
Exchange Would Not Be Required To Report to the Securities Information
Processor an Official Closing Price, as Defined Under Rule
123C(1)(e)(i)--Equities, as an ``M'' Sale Condition

December 6, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 23, 2016, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes this rule change to provide that the Exchange
would not be required to report to the securities information processor
an Official Closing Price, as defined under Rule 123C(1)(e)(i)--
Equities, as an ``M'' sale condition. The proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to provide that the Exchange would not be
required to report to the securities information processor (``SIP'') an
Official Closing Price, as defined under Rule 123C(1)(e)(i)--Equities,
as an ``M'' sale condition.\4\ This proposed rule change would not
change how the Official Closing Price would be determined and
disseminated if the Exchange is unable

to conduct a closing transaction in one or more securities due to a
systems or technical issue, as described in Rules 123C(1)(e)(ii)-(iv)--
Equities.
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    \4\ For a description of all sale conditions that are reportable
to the SIP, including the ``M'' and ``6'' sale conditions, see the
Consolidated Tape System Participant Communications Interface
Specification, dated September 15, 2016, at 87 (``SIP
Specifications''), available here: https://www.ctaplan.com/publicdocs/ctaplan/notifications/trader-update/cts_input_spec.pdf.
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    As set forth in the SIP Specifications, a price reported to the SIP
by an exchange under the ``M'' sale condition, which is called the
``Market Center Official Close,'' is not used for purposes of
determining a consolidated last sale price or the high or low price of
a security and does not include any volume information. Each exchange
determines what price could be reported to the SIP as its ``Market
Center Official Close.'' To date, the Exchange has not reported to the
SIP a price with an ``M'' sale condition.
    By contrast, a trade reported to the SIP as a Market Center Closing
Trade with a ``6'' sale condition includes volume information, is
included in the consolidated last sale, and is included in the high or
low price of a security. The Exchange reports to the SIP closing
auction trades of a round lot or more with a ``6'' sale condition.\5\
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    \5\ For example, under Rule 123C(1)(e)(i)--Equities, if there
were no closing transaction in a security or if a closing
transaction is less than one round lot, the Exchange's Official
Closing Price will be the most recent last-sale eligible trade on
the Exchange in such security on that trading day. By contrast, on
NYSE Arca, Inc., under the same circumstances, the Official Closing
Price will be the most recent consolidated last sale eligible trade
during Core Trading Hours on that trading day. See NYSE Arca
Equities, Inc. Rule 1.1(gg)(1)(A).
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    Recently, the Exchange amended Rule 123C(1)(e)--Equities to specify
back-up procedures for determining an Official Closing Price for
Exchange-listed securities if it is unable to conduct a closing
transaction in one or more securities due to a systems or technical
issue.\6\ In that Filing, the Exchange noted that once it implemented
changes to how the Exchange determines the Official Closing Price, the
Exchange ``will disseminate to the SIP the Official Closing Price as an
``M'' value.'' \7\
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    \6\ See Securities Exchange Act Release Nos. 78015 (June 8,
2016), 81 FR 38747 (June 14, 2016) (SR-NYSEMKT-2016-31; SR-NYSE-
2016-18) (Approval Order) and 77306 (March 7, 2016), 81 FR 12986
(March 11, 2016) (Notice of Filing).
    \7\ See id. at 12986. See also Securities Exchange Act Release
No. 76601 (December 9, 2015), 80 FR 77680 (December 15, 2015) (SR-
NYSEMKT-2015-98) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change to define the term ``Official Closing Price'').
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    With this proposed rule change, the Exchange is modifying this
statement to permit, but not require, the Exchange to report a price
with an ``M'' sale condition to the SIP when the Official Closing Price
is determined under Rule 123C(1)(e)(i)--Equities. Specifically, the
Exchange does not believe that it should publish an Official Closing
Price to the SIP as an ``M'' value if there has not been a last-sale
eligible trade in a security on a trading day. For example, based on
feedback from industry participants, the Exchange understands that
certain market participants, such as index providers and mutual funds,
follow a different method of determining a security's closing price
when there have not been any last-sale eligible trades on a trading
day. Under these circumstances, the Exchange understands that an
Official Closing Price reported to the SIP as an ``M'' sale condition
that differs from how an industry market participant may determine such
value for its own purposes could lead to confusion if a market
participant's systems read the ``M'' value published by the SIP that
differs from their calculation.
    Accordingly, this proposed rule change is intended to provide that
the Exchange's would not be required to publish an Official Closing
Price, as defined in Rule 123C(1)(e)(i)--Equities, as an ``M'' sale
condition to the SIP. And, as noted above, this proposed rule change
would not alter how the Official Closing Price would be disseminated
under Rules 123C(1)(e)(ii)-(iv)--Equities.
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 Section 6(b)(5) of the Act,\9\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would provide transparency that the
Exchange's is not required to report a price to the SIP as an ``M''
sale condition. The Exchange believes that the proposed rule change is
consistent with the Act because the ``M'' sale condition does not
contribute to the consolidated last sale price for a security, the high
or low price of a security, or reported volume for a security, and
therefore is an informational value. The Exchange further believes that
this proposed rule change is consistent with the protection of
investors and the public interest because it would reduce confusion by
eliminating publication to the SIP of a price that may conflict with
how an index provider or mutual fund determines that value for a
security if there are no last-sale eligible trades on a trading day.
Finally, the Exchange believes that the proposed rule change would
remove impediments to and perfect the mechanism of a free and open
market and a national market system because it would apply only when
the Exchange is fully operational. If the Exchange is unable to conduct
a closing transaction due to a systems or technical issue, current Rule
123C(1)(ii)-(iv)--Equities would govern, with no change.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues, but rather to specify
that the Exchange would not be required to report an Official Closing
Price to the SIP as an ``M'' sale condition if there has not been a
last-sale eligible trade on a trading day.

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if

consistent with the protection of investors and the public interest,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange believes
that waiving the operative delay would be consistent with the
protection of investors and the public interest because it would make
transparent that the Exchange would not report an ``M'' sale condition
to the SIP for a security if there has not been a last-sale eligible
trade on a trading day. The Exchange further believes that the proposed
rule change is consistent with the protection of investors and the
public interest because it would not change how an Official Closing
Price would be disseminated under Exchange Rule 123C(1)(e)(ii)-(iv)--
Equities. The Commission believes that the proposed rule change is
consistent with the protection of investors and the public interest
because it clarifies the Exchange's reporting practices while
maintaining its procedures for disseminating an Offiicial Closing
Price. Accordingly, the Commission hereby waives the 30-day operative
delay and designates the proposal operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the operative delay of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    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) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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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_ADDRESS>Please include
File Number SR-NYSEMKT-2016-104 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-NYSEMKT-2016-104. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-104 and should
be submitted on or before January 3, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29651 Filed 12-9-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43756-43757]
[FR Doc No: 2017-19823]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0566; FRL-9965-64-OAR]

Release of Draft Documents Related to the Review of the Primary
National Ambient Air Quality Standard for Sulfur Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: On or about August 25, 2017, the Environmental Protection
Agency (EPA) will make available for public comment two draft documents
titled, Risk and Exposure Assessment for the Review of the Primary
National Ambient Air Quality Standard for Sulfur Oxides, External
Review Draft (Draft REA) and Policy Assessment for the Review of the
Primary National Ambient Air Quality Standard for Sulfur Oxides,
External Review Draft (Draft PA). These draft documents were prepared
as part of the current review of the primary National Ambient Air
Quality Standard (NAAQS) for Sulfur Oxides (SOX). The Draft
REA describes draft quantitative exposure and risk analyses for this
NAAQS review. The PA, when final, serves to ``bridge the gap'' between
the currently available scientific information and the judgments
required of the Administrator in determining whether to retain or
revise the existing primary NAAQS for SOX.

DATES: Comments should be received on or before October 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0566, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the Web,
Cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. The draft REA and draft PA will be available primarily via the
Internet at https://www.epa.gov/naaqs/sulfur-dioxide-so2-primary-air-quality-standards.

FOR FURTHER INFORMATION CONTACT: Dr. Nicole Hagan, Office of Air
Quality Planning and Standards (Mail Code C504-06), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711; telephone number:
919-541-3153; fax number:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
    2. Tips for Preparing your Comments. When submitting comments,
remember to:
     Identify the notice by docket number and other identifying
information (subject heading, Federal Register date and page number).
     Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a CFR part or
section number.
     Explain why you agree or disagree; suggest alternative and
substitute language for your requested changes.
     Describe any assumption and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Information About the Document

    Two sections of the Clean Air Act (CAA) govern the establishment
and revision of the NAAQS. Section 108 (42 U.S.C. 7408) directs the
Administrator to identify and list certain air pollutants and then to
issue air quality criteria for those pollutants. The Administrator is
to list those air pollutants that in his ``judgment, cause or
contribute to air pollution which may reasonably be anticipated to
endanger public health or welfare''; ``the presence of which in the
ambient air results from numerous or diverse mobile or stationary
sources''; and ``for which . . . [the Administrator] plans to issue air
quality criteria . . .'' (42 U.S.C. 7408(a)(1)(A)-(C)). Air quality
criteria are intended to ``accurately reflect the latest scientific
knowledge useful in indicating the kind and extent of all identifiable
effects on public health or welfare which may be expected from the
presence of [a] pollutant in the ambient air . . .'' (42 U.S.C.
7408(a)(2)). Under section 109 (42 U.S.C. 7409), the EPA establishes
primary (health-based) and secondary (welfare-based) NAAQS for
pollutants for which air quality criteria are issued. Section 109(d)
requires periodic review and, if appropriate, revision of existing air
quality criteria. The revised air quality criteria reflect advances in
scientific knowledge on the effects of the pollutant on public health
or welfare. The EPA is also required to periodically review and revise
the NAAQS, if appropriate, based on the revised criteria. Section
109(d)(2) requires that an independent scientific review committee
``shall complete a review of the criteria . . . and the national
primary and secondary ambient air quality standards . . . and shall
recommend to the Administrator any new . . . standards and revisions of
the existing criteria and standards as may be appropriate. . . .''
Since the early 1980s, this independent review function has been
performed by the Clean Air

Scientific Advisory Committee (CASAC).
    Presently, the EPA is reviewing the air quality criteria and
primary NAAQS for SOX.\1\ The EPA's overall plan for this
review is presented in the Integrated Review Plan for the Primary NAAQS
for Sulfur Dioxide (IRP).\2\ As described in the IRP, the EPA is
preparing an Integrated Science Assessment for Sulfur Oxides--Health
Criteria (ISA), the second draft \3\ of which was reviewed by the
CASAC, along with the Risk and Exposure Assessment Planning Document
for the Review of the Primary National Ambient Air Quality Standards
for Sulfur Oxides (REA Planning Document),\4\ at a public meeting in
March 2017 (82 FR 11449). The draft REA announced today describes the
approaches taken to assess SO2 exposures and associated
health risks, as well as presents the initial key results,
observations, and related uncertainties associated with the
quantitative analyses performed. The PA, when final, serves to ``bridge
the gap'' between the scientific and technical information in the final
ISA and REA, and the judgments required of the Administrator in
determining whether to retain or revise the existing primary NAAQS for
SOX. The draft PA builds upon information presented in the
second draft ISA and the draft REA. The draft REA and PA documents will
be available on or about August 25, 2017, on the EPA's Technology
Transfer Network Web site at https://www.epa.gov/naaqs/sulfur-dioxide-so2-primary-air-quality-standards.
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    \1\ The indicator for the current standard is SO2.
    \2\ The IRP (EPA-452/R-14-007, October 2014) is available at
https://www.epa.gov/naaqs/sulfur-dioxide-so2-primary-standards-planning-documents-current-review.
    \3\ The second draft ISA was made available to both the CASAC
and the public in December 2016 (81 FR 89097) and is available at:
https://www.epa.gov/naaqs/sulfur-dioxide-so2-primary-standards-integrated-science-assessments-current-review.
    \4\ The REA Planning Document was made available to both the
CASAC and the public in February 2017 (82 FR 11356) and is available
at: https://www.epa.gov/naaqs/sulfur-dioxide-so2-primary-standards-planning-documents-current-review.
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    The EPA is soliciting advice and recommendations from the CASAC by
means of a review of these draft documents at an upcoming public
meeting of the CASAC. Information about this public meeting, including
the dates and location, will be published as a separate notice in the
Federal Register. Following the CASAC meeting, the EPA will consider
comments received from the CASAC and the public in preparing revisions
to these documents.
    The draft documents briefly described above do not represent and
should not be construed to represent any final EPA policy, viewpoint,
or determination. The EPA will consider any public comments submitted
in response to this notice when revising the documents.

    Dated: August 14, 2017.
Stephen Page,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2017-19823 Filed 9-18-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Proposed Rules]
[Pages 4596-4598]
[FR Doc No: 2016-01582]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-5391; Notice No. 25-16-01-SC]

Special Conditions: The Boeing Company, Boeing 767-2C Airplane;
Non-Rechargeable Lithium Battery Installations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Boeing Model
767-2C airplane. This airplane will have a novel or unusual design
feature when compared to the state of technology envisioned in the
airworthiness standards for transport-category airplanes. This design
feature is non-rechargeable lithium battery systems. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These proposed special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.

DATES: Send your comments on or before March 14, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-5391
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On January 18, 2010, The Boeing Company applied for an amendment to
Type Certificate No. A1NM to include a new Model 767-2C airplane. The
Model 767-2C airplane is a twin-engine, transport-category airplane
that is a freighter derivative of the Model 767-200 airplane currently
approved under Type Certificate No. A1NM. The Model 767-2C airplane
incorporates freighter features such as a main deck cargo door and
strengthened floors to provide cargo carriage capability on the main
deck. Provisions are also incorporated to support subsequent
supplemental type certificate (STC) modifications which are intended to
provide additional mission capabilities, including provisions to
support conversion into an aerial refueling platform (i.e., tanker)
configuration.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations, (14
CFR) 21.101, The Boeing Company must show that the Model 767-2C
airplane meets the applicable provisions of the regulations listed in
Type Certificate A1NM or the applicable regulations in effect on the
date of application for the change, except for earlier amendments as
agreed upon by the FAA. The regulations listed in the type certificate
are commonly referred to as the ``original type certification basis.''
The regulations listed in Type Certificate No. A1NM are 14 CFR part 25
effective February 1, 1965 including Amendments 25-1 through 25-37 with
exceptions listed in the type certificate. In addition, the
certification basis includes other regulations, special conditions, and
exemptions that are not relevant to these proposed special conditions.
Type Certificate No. A1NM will be updated to include a complete
description of the certification basis for this airplane model.
    In addition to the applicable airworthiness regulations and special
conditions, the Model 767-2C airplane must comply with the fuel-vent
and exhaust-emission requirements of 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model 767-2C airplane because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate

for that model be amended later to include any other model that
incorporates the same or similar novel or unusual design feature, or
should any other model already included on the same type certificate be
modified to incorporate the same novel or unusual design feature, these
special conditions would also apply to the other model under Sec.
21.101.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    A battery system consists of the battery and any protective,
monitoring and alerting circuitry or hardware inside or outside of the
battery and venting capability where necessary. For the purpose of
these special conditions, we refer to a battery and battery system as a
battery. The Model 767-2C airplane will incorporate non-rechargeable
lithium batteries, which are novel or unusual design features.

Discussion

    We derived the current regulations governing installation of
batteries in transport-category airplanes from Civil Air Regulations
(CAR) 4b.625(d) as part of the re-codification of CAR 4b that
established 14 CFR part 25 in February 1965. We basically reworded the
battery requirements, which are currently in Sec.  25.1353(b)(1)
through (b)(4), from the CAR requirements. Non-rechargeable lithium
batteries are novel and unusual with respect to the state of technology
considered when these requirements were codified. These batteries
introduce higher energy levels into airplane systems through new
chemical compositions in various battery-cell sizes and construction.
Interconnection of these cells in battery packs introduces failure
modes that require unique design considerations, such as provisions for
thermal management.
    Recent events involving rechargeable and non-rechargeable lithium
batteries prompted the FAA to initiate a broad evaluation of these
energy-storage technologies. In January 2013, two independent events
involving rechargeable lithium-ion batteries demonstrated unanticipated
failure modes. A National Transportation Safety Board (NTSB) letter to
the FAA, dated May 22, 2014, which is available at http://www.ntsb.gov,
filename A-14-032-036.pdf, describes these events.
    On July 12, 2013, an event involving a non-rechargeable lithium
battery, in an emergency locator transmitter installation, demonstrated
unanticipated failure modes. Air Accident Investigations Branch
Bulletin S5/2013 describes this event.
    Some other known uses of rechargeable and non-rechargeable lithium
batteries on airplanes include:
     Flight deck and avionics systems such as displays, global
positioning systems, cockpit voice recorders, flight data recorders,
underwater locator beacons, navigation computers, integrated avionics
computers, satellite network and communication systems, communication-
management units, and remote-monitor electronic line-replaceable units
(LRU);
     Cabin safety, entertainment, and communications equipment,
including life rafts, escape slides, seatbelt air bags, cabin
management systems, Ethernet switches, routers and media servers,
wireless systems, internet and in-flight entertainment systems,
satellite televisions, remotes, and handsets;
     Systems in cargo areas including door controls, sensors,
video surveillance equipment, and security systems.
    Some known potential hazards and failure modes associated with non-
rechargeable lithium batteries are:

 Internal failures

    In general, these batteries are significantly more susceptible to
internal failures that can result in self-sustaining increases in
temperature and pressure (i.e., thermal runaway) than their nickel-
cadmium or lead-acid counterparts. The metallic lithium can ignite,
resulting in a self-sustaining fire or explosion.

 Fast or imbalanced discharging

    Fast discharging or an imbalanced discharge of one cell of a multi-
cell battery may create an overheating condition that results in an
uncontrollable venting condition, which in turn leads to a thermal
event or an explosion.

 Flammability

    Unlike nickel-cadmium and lead-acid batteries, these batteries use
higher energy and current in an electrochemical system that can be
configured to maximize energy storage of lithium. They also use liquid
electrolytes that can be extremely flammable. The electrolyte, as well
as the electrodes, can serve as a source of fuel for an external fire
if the battery casing is breached.
    Proposed Special Condition 1 requires that each individual cell
within a battery be designed to maintain safe temperatures and
pressures. Proposed Special Condition 2 addresses these same issues but
for the entire battery. Proposed Special Condition 2 requires the
battery be designed to prevent propagation of a thermal event, such as
self-sustained, uncontrolled increases in temperature or pressure from
one cell to adjacent cells.
    Proposed Special Conditions 1 and 2 are intended to ensure that the
battery and its cells are designed to eliminate the potential for
uncontrolled failures. However, a certain number of failures will occur
due to various factors beyond the control of the designer. Therefore,
other special conditions are intended to protect the airplane and its
occupants if failure occurs.
    Proposed Special Conditions 3, 9 and 10 are self-explanatory, and
the FAA does not provide further explanation for them at this time.
    The FAA proposes Special Condition 4 to make it clear that the
flammable-fluid fire-protection requirements of Sec.  25.863 apply to
non-rechargeable lithium battery installations. Section 25.863 is
applicable to areas of the airplane that could be exposed to flammable
fluid leakage from airplane systems. Non-rechargeable lithium batteries
contain electrolyte that is a flammable fluid.
    Proposed Special Condition 5 requires each non-rechargeable lithium
battery installation to not damage surrounding structure or adjacent
systems, equipment, or electrical wiring from corrosive fluids or gases
that may escape. Proposed Special Condition 6 requires each non-
rechargeable lithium battery installation to have provisions to prevent
any hazardous effect on airplane structure or systems caused by the
maximum amount of heat it can generate due to any failure of it or its
individual cells. The means of meeting these proposed special
conditions may be the same, but they are independent requirements
addressing different hazards. Proposed Special Condition 5 addresses
corrosive fluids and gases, whereas Proposed Special Condition 6
addresses heat.
    Proposed Special Conditions 7 and 8 require non-rechargeable
lithium batteries to have automatic means for battery disconnection and
control of battery discharge rate due to the fast-acting nature of
lithium-battery chemical reactions. Manual intervention would not be
timely or effective in mitigating the hazards associated with these
batteries.
    These special conditions will apply to all non-rechargeable lithium
battery installations in lieu of Sec.  25.1353(b)(1) through (b)(4) at
Amendment 25-123. Sections 25.1353(b)(1) through (b)(4) at Amendment
25-123 will remain in effect for other battery installations.

    These proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the
Model 767-2C airplane. Should the applicant apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, or should any other model
already included on the same type certificate be modified to
incorporate the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and record keeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the FAA proposes the following special conditions as
part of the type certification basis for Boeing Model 767-2C airplane.

Non-Rechargeable Lithium Battery Installations

    In lieu of Sec.  25.1353(b)(1) through (b)(4) at Amendment 25-123,
each non-rechargeable lithium battery installation must:
    1. Maintain safe cell temperatures and pressures under all
foreseeable operating conditions to prevent fire and explosion.
    2. Prevent the occurrence of self-sustaining, uncontrolled
increases in temperature or pressure.
    3. Not emit explosive or toxic gases, either in normal operation or
as a result of its failure, that may accumulate in hazardous quantities
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring from corrosive fluids or gases that may escape.
    6. Have provisions to prevent any hazardous effect on airplane
structure or systems caused by the maximum amount of heat it can
generate due to any failure of it or its individual cells.
    7. Be capable of automatically controlling the discharge rate of
each cell to prevent cell imbalance, back-charging, overheating, and
uncontrollable temperature and pressure.
    8. Have a means to automatically disconnect from its discharging
circuit in the event of an over-temperature condition, cell failure or
battery failure.
    9. Have a failure sensing and warning system to alert the
flightcrew if its failure affects safe operation of the airplane.
    10. Have a means for the flightcrew or maintenance personnel to
determine the battery charge state if the battery's function is
required for safe operation of the airplane.

    Note 1: A battery system consists of the battery and any
protective, monitoring and alerting circuitry or hardware inside or
outside of the battery. It also includes vents (where necessary) and
packaging. For the purpose of these special conditions, a battery
and battery system are referred to as a battery.

    Issued in Renton, Washington, on January 20, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-01582 Filed 1-26-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Notices]
[Pages 296-298]
[FR Doc No: 2012-31580]

=======================================================================
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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: ER10-2294-003; ER11-3808-002; ER11-3980-002.
    Applicants: ORNI 18 LLC, ORNI 39 LLC, ORNI 14 LLC.
    Description: Notice of Non-Material Change-in-Status of ORNI 18
LLC, et al.
    Filed Date: 12/21/12.

    Accession Number: 20121221-5316.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER10-3063-001.
    Applicants: Green Country Energy, LLC.
    Description: Green Country Energy, LLC submits Triennial Market
Power Update for the Southwest Power Pool, Inc. Region.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5186.
    Comments Due: 5 p.m. ET 2/19/13.

    Docket Numbers: ER12-574-000.
    Applicants: ITC Midwest LLC.
    Description: Filing of a Refund Report to be effective N/A.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5148.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER12-718-003.
    Applicants: PJM Interconnection, L.L.C. and New York Independent
System Operator, Inc.
    Description: Joint Waiver Request of PJM Interconnection, L.L.C.
and New York Independent System Operator, Inc.
    Filed Date: 12/24/12.
    Accession Number: 20121224-5111.
    Comments Due: 5 p.m. ET 1/4/13.

    Docket Numbers: ER12-2178-003; ER10-2172-014; ER11-2016-009; ER10-
2184-014; ER10-2183-011; ER10-1048-011; ER10-2176-015; ER10-2192-014;
ER11-2056-008; ER10-2178-014; ER10-2174-014; ER11-2014-011; ER11-2013-
011; ER10-3308-013; ER10-1020-010; ER10-1145-010; ER10-1144-009; ER10-
1078-010; ER10-1080-010; ER11-2010-011 ER10-1081-010; ER10-2180-014;
ER11-2011-010; ER12-2528-002; ER11-2009-010; ER10-1143-010; ER12-1829-
003 ER11-2007-009; ER12-1223-008; ER11-2005-011.
    Applicants: AV Solar Ranch 1, LLC, Baltimore Gas and Electric
Company, Cassia Gulch Wind Park, CER Generation, LLC, CER Generation
II, LLC, Commonwealth Edison Company, Constellation Energy Commodities
Group, Inc, Constellation Energy Commodities Group Maine, LLC,
Constellation Mystic Power, LLC, Constellation NewEnergy, Inc.,
Constellation Power Source Generation, Inc., Cow Branch Wind Power,
L.L.C., CR Clearing, LLC, Criterion Power Partners, LLC, Exelon
Framingham LLC, Exelon Generation Company, LLC, Exelon New Boston, LLC,
Exelon West Medway, LLC, Exelon Wind 4, LLC, Handsome Lake Energy, LLC,
Harvest WindFarm, LLC, High Mesa Energy, LLC, Michigan Wind 1, LLC,
PECO Energy Company, Shooting Star Wind Project, LLC, Tuana Springs
Energy, LLC, Wildcat Wind, LLC, Wind Capital Holdings, LLC, Exelon
Wyman, LLC.
    Description: Updated Market Power Analysis of AV Solar Ranch 1,
LLC, et al. for the Southwest Power Pool Inc. Region.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5329.
    Comments Due: 5 p.m. ET 2/19/13.

    Docket Numbers: ER12-2701-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Transmission Owner Rate Case 2013 (TO14) Compliance
Filing to be effective 5/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5070.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-263-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 12-21-12 Attachment MM Amendment to be effective 1/1/
2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5302.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-286-001.
    Applicants: AEP Generating Company.
    Description: Unit Power Agreements Amendment of Pending to be
effective 12/31/2012.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5098.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-534-001.
    Applicants: Mammoth One, LLC.
    Description: Mammoth One LLC Amendment to Petition to be effective
2/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5173.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-613-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Transmission Access Charge Balancing Account
Adjustment (TACBAA) 2013 to be effective 5/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5114.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-614-000.
    Applicants: Kincaid Generation, L.L.C.
    Description: Initial Rate Schedules (35.12) to be effective 3/1/
2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5215.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-615-000.
    Applicants: High Mesa Energy, LLC.
    Description: Compliance Filing of Revised Market-Based Rate Tariff
to be effective 1/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5245.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-616-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Existing Transmission Contract (ETC) Rate Filing 2013
to be effective 3/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5258.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-616-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Existing Transmission Contract (ETC) Rate Filing 2013,
First Amendment to be effective 3/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5301.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-616-002.
    Applicants: Pacific Gas and Electric Company.
    Description: Existing Transmission Contract (ETC) Rate Filing 2013,
Second Amendment to be effective 3/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5303.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-617-000.
    Applicants: Shooting Star Wind Project, LLC.
    Description: Compliance Filing of Revised Market-Based Rate Tariff
to be effective 1/1/2013.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5267.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-618-000.
    Applicants: WPS Westwood Generation, LLC.
    Description: Notice of Non-Material Change to be effective 12/20/
2012.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5272.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-619-000.
    Applicants: PacifiCorp.
    Description: BPA General Transfer Agreement (West) to be effective
12/31/2012.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5284.
    Comments Due: 5 p.m. ET 1/11/13.

    Docket Numbers: ER13-620-000.
    Applicants: Northern States Power Company, a Wisconsin corporation.
    Description: 20121221--G3--Bloomer--ESA to be effective 12/21/2012.
    Filed Date: 12/24/12.
    Accession Number: 20121224-5000.
    Comments Due: 5 p.m. ET 1/14/13.

    Docket Numbers: ER13-621-000.
    Applicants: Pacific Gas and Electric Company.
    Description: CCSF IA-2013 Annual Transmission Rate Adjustment to be
effective 1/1/2013.

    Filed Date: 12/24/12.
    Accession Number: 20121224-5001.
    Comments Due: 5 p.m. ET 1/14/13.

    Docket Numbers: ER13-622-000.
    Applicants: Pacific Gas and Electric Company.
    Description: 2nd Amendment to Extend the PG&E-SVP Interconnection
Agreement to be effective 2/28/2013.
    Filed Date: 12/24/12.
    Accession Number: 20121224-5002.
    Comments Due: 5 p.m. ET 1/14/13.

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

    Docket Numbers: ES13-12-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits Application Under Section 204
of the Federal Power Act for Authorization to Issue Debt Securities.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5318.
    Comments Due: 5 p.m. ET 1/11/13.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC13-1-000; FC13-2-000; FC13-3-000; FC13-4-000;
FC13-5-000; FC13-6-000.
    Applicants: Pacific Northern Gas Ltd., AtlaGas Utilities Inc.,
Heritage Gas Ltd., McNair Creek Hydro Limited Partnership, AtlaGas
Pipeline Partnership, Bear Mountain Wind Limited Partnership.
    Description: Self-Certification of foreign utility company
subsidiaries of AltaGas Ltd.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5042.
    Comments Due: 5 p.m. ET 1/11/13.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH13-6-000.
    Applicants: Enbridge Inc.
    Description: Enbridge Inc. submits FERC-65B Waiver Notification, et
al.
    Filed Date: 12/21/12.
    Accession Number: 20121221-5327.
    Comments Due: 5 p.m. ET 1/11/13.

    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: December 26, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-31580 Filed 1-2-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 18, 2009 (Volume 74, Number 180)]
[Notices]
[Page 47950-47951]
[DOCID:fr18se09-77]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0791]

Certificate of Alternative Compliance for the Offshore Supply
Vessel BAYOU BEE

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that a Certificate of Alternative
Compliance was issued for the offshore supply vessel Bayou Bee as
required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on August
18, 2009.

ADDRESSES: The docket for this notice is available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2009-0791 in the ''Keyword'' box, and then clicking
''Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call CWO2 David Mauldin, District Eight, Prevention Branch, U.S. Coast
Guard, telephone<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The offshore supply vessel Bayou Bee will be used for offshore
supply operations. Full compliance with 72 COLREGS and Inland Rules Act
will hinder the vessel's ability to maneuver within close proximity of
offshore platforms. Due to the design of the vessel, it would be
difficult and impractical to build supporting structure that would put
the side lights within 5.6' from the greatest breadth of the vessel, as
required by Annex I, paragraph 3(b) of the 72 COLREGS and Annex I,
Section 84.05(b) of the Inland Rules Act. Compliance with the rule will
cause the lights to be in a location which will be highly susceptible
to damage from offshore platforms. Locating the sidelights 12'-4\1/4\''
inboard from the greatest breadth of the vessel on the pilot house will
provide a shelter location for the lights and allow

maneuvering within close proximity to offshore platforms.
    In addition, the forward masthead light may be located on the top
forward portion of the pilothouse 38'-2\1/4\'' above the hull. Placing
the forward masthead light at the height as required by Annex I,
paragraph 2(a) of the 72 COLREGS would result in a masthead light
location highly susceptible to damage when working in close proximity
to offshore platforms.
    Furthermore, the horizontal distance between the forward and aft
masthead lights may be 18'-10\9/16\''. Placing the aft masthead light
at the horizontal distance from the forward masthead light as required
by Annex I, paragraph 3(a) of the 72 COLREGS and Annex I, Section
84.05(a) of the Inland Rules Act would result in an aft masthead light
location directly over the aft cargo deck where it would interfere with
loading and unloading operations.
    Lastly, the aft anchor light may be placed 25'-1\5/16\'' off
centerline to the starboard side of the vessel, just forward of the
stern. Placing the aft anchor light directly over the aft cargo deck
would interfere with loading and unloading operations.
    A Certificate of Alternative Compliance, as allowed under Title 33,
Code of Federal Regulations, Parts 81 and 89, has been issued for the
offshore supply vessel Bayou Bee, O.N. 1218414. The Certificate of
Alternative Compliance allows for the placement of the sidelights to
deviate from requirements set forth in Annex I, paragraph 3(b) of 72
COLREGS and Annex I, paragraph 84.05(b) of the Inland Rules Act. In
addition, the Certificate of Alternative Compliance allows for the
vertical placement of the forward masthead light to deviate from
requirements set forth in Annex I, paragraph 2(a) of 72 COLREGS.
Furthermore, the Certificate of Alternative Compliance allows for the
horizontal separation of the forward and aft masthead lights to deviate
from the requirements of Annex I, paragraph 3(a) of 72 COLREGS and
Annex I, Section 84.05(a) of the Inland Rules Act. Lastly, the
Certificate of Alternative Compliance allows for the placement of the
aft anchor light to deviate from the requirements of Rule 30(a)(ii) of
72 COLREGS and Rule 30(a)(ii) of the Inland Rules Act.
    This notice is issued under authority of 33 U.S.C. 1605(c), and 33
CFR 81.18.

    Dated: August 24, 2009.
J.W. Johnson,
Commander, U.S. Coast Guard, Chief, Inspections and Investigations
Branch, By Direction of the Commander, Eighth Coast Guard District.
[FR Doc. E9-22459 Filed 9-17-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4567-4569]
[FR Doc No: 2019-02391]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85095; File No. SR-NYSE-2019-02]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List To Add a New Incentive for Supplemental Liquidity
Providers in Tape A Securities When Adding Liquidity in Securities
Traded Pursuant to Unlisted Trading Privileges

February 11, 2019.
    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 February 1, 2019, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') 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 its Price List to add a new
incentive for Supplemental Liquidity Providers (``SLP'') in Tape A
securities when adding liquidity in securities traded pursuant to
Unlisted Trading Privileges (``UTP'') (Tapes B and C). The Exchange
proposes to implement these changes to its Price List effective
February 1, 2019. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Price List to add a new
incentive for SLPs in Tape A securities when adding liquidity in UTP
Securities (Tapes B and C).
    The Exchange proposes to implement these changes to its Price List
effective February 1, 2019.
Proposed Rule Change
    Currently, SLP Tier 1 provides that an SLP adding liquidity in Tape
A securities with a per share price of $1.00 or more is eligible for a
per share credit of $0.0029 if the SLP (1) meets the 10% average or
more quoting requirement in an assigned security pursuant to Rule 107B,
and (2) adds liquidity for all assigned SLP securities in the aggregate
(including shares of both an SLP-Prop and an SLMM of the same or an
affiliated member organization) \4\ of an ADV \5\ of more than 0.90% of
NYSE CADV, or with respect to an SLP that is also a Designated Market
Maker (``DMM'') and subject to Rule 107B(i)(2)(a), more than 0.90% of
NYSE CADV after a discount of the percentage for the prior quarter of
NYSE.
---------------------------------------------------------------------------

    \4\ Under Rule 107B, an SLP can be either a proprietary trading
unit of a member organization (``SLP-Prop'') or a registered market
maker at the Exchange (``SLMM''). For purposes of the 10% average or
more quoting requirement in assigned securities pursuant to Rule
107B, quotes of an SLP-Prop and an SLMM of the same member
organization are not aggregated. However, for purposes of adding
liquidity for assigned SLP securities in the aggregate, shares of
both an SLP-Prop and an SLMM of the same member organization are
included.
    \5\ The defined term, ``ADV,'' is used here as defined in
footnote 2 to the Price List.
---------------------------------------------------------------------------

    CADV in DMM assigned securities as of the last business day of the
prior month. The SLP Tier 1 credit in the case of Non-Displayed Reserve
Orders is $0.0012.
    The Exchange proposes an additional incentive to SLPs in Tape A
securities under SLP Tier 1 for SLPs that meet the current requirements
for SLP Provide Tier 1 in UTP Securities.
    SLP Provide Tier 1 provides a $0.0032 per share credit per tape in
an assigned UTP Security for SLPs adding displayed liquidity to the
Exchange if the SLP (1) adds liquidity for all assigned UTP Securities
in the aggregate of an CADV of at least 0.10% for Tape B and 0.075% for
Tape C, (2) meets the 10% average or more quoting requirement in 400 or
more assigned UTP Securities in Tapes B and C combined pursuant to Rule
107B, and (3) meets the 10% average or more quoting requirement in an
assigned UTP Security pursuant to Rule 107B.
    The Exchange proposes that SLPs meeting the requirements of SLP
Provide Tier 1 in UTP Securities would be eligible to qualify for the
SLP Tier 1 adding rates where the SLP, in addition to meeting the 10%
average or more quoting requirement in an assigned security pursuant to
Rule 107B, adds liquidity for all assigned SLP securities in the
aggregate of an ADV of more than 0.75% of NYSE CADV or, with respect to
SLPs that are also DMMs and subject to Rule 107B(i)(2)(a), more than
0.75% of NYSE CADV after a discount of the percentage for the prior
quarter of NYSE CADV in DMM assigned securities as of the last business
day of the prior month. The Price List would refer to this as the ``SLP
Cross Tape Tier 1 Incentive.''
    For example, assume an SLP averages an Adding ADV \6\ of 28 million
shares a day in Tape A securities in the billing month where the NYSE
CADV is 3.5 billion shares, for a percent adding of CADV of 0.80% in
Tape A securities, which before the proposed change qualifies the SLP
for SLP Tier 1A in Tape A securities by meeting the current 0.60% CADV
requirement. Further assume that the SLP meets the requirements of SLP
Provide Tier 1 in UTP Securities in both Tape B securities and Tape C
securities. Under the proposed change, that SLP would be eligible for
the lower SLP Tier 1 requirement for Tape A securities of 0.75% of
CADV, which it would meet by having a percent adding CADV of 0.80%.
---------------------------------------------------------------------------

    \6\ ``Adding ADV'' is when a member organization has ADV that
adds liquidity to the Exchange during the billing month. Adding ADV
excludes any liquidity added by a DMM.
---------------------------------------------------------------------------

    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\8\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) & (5).
---------------------------------------------------------------------------

    The Exchange believes that lowering the ADV requirement to qualify
for SLP Tier 1 in Tape A securities for SLPs that add liquidity in UTP
Securities by meeting the SLP Provide Tier 1 requirements in both Tape
B and Tape C securities is reasonable because it would further
contribute to incenting member organizations to provide additional
liquidity to a public exchange in UTP Securities, thereby promoting
price discovery and transparency and enhancing order execution
opportunities for member organizations. The Exchange believes that that
the proposal is reasonable and not unfairly discriminatory because it
would apply to all member

organizations eligible for the relevant SLP Tier 1 credits equally.
    The Exchange further believes that the proposal is reasonable and
not unfairly discriminatory because, although the proposed alternative
requirement is offered for members organizations qualifying for SLP
Tier 1 and not for the SLP Non-Tier, Adding Tier 2, Adding Tier 3 and
Adding Tier 4, the proposal will encourage SLPs that do not currently
qualify for either the SLP Tier 1 in Tape A securities or the SLP
Provide Tier 1 in UTP Securities to add additional liquidity in order
to reach the SLP Tier 1 and SLP Provide Tier 1. The Exchange notes that
SLPs qualifying for SLP Tier 2 in Tape A securities that receive a
credit of $0.0026 and that do not trade UTP Securities can qualify for
the SLP Tier 1 credit of $0.0029 by meeting the requirements for the
SLP Step Up Tier 1 and thereby receive an additional $0.0003 credit,
for a combined adding credit of $0.0029.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing 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,\9\ the Exchange
believes that the proposed rule change would not 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 foster liquidity provision and stability in the
marketplace, thereby promoting price discovery and transparency and
enhancing order execution opportunities for member organizations. In
this regard, the Exchange believes that the transparency and
competitiveness of attracting additional executions on an exchange
market would encourage competition. The Exchange also believes that the
proposed rule change is designed to provide the public and investors
with a Price List that is clear and consistent, thereby reducing
burdens on the marketplace and facilitating investor protection.
---------------------------------------------------------------------------

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

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 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-NYSE-2019-02 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-NYSE-2019-02. 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-NYSE-2019-02 and should be submitted on
or before March 8, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-02391 Filed 2-14-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13329-13330]
[FR Doc No: 2018-06141]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82934; File No. SR-CBOE-2018-023]

Self-Regulatory Organizations; Cboe Exchange Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to the Frequent Trader Program

March 22, 2018.
    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 March 19, 2018, 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

    The Exchange proposes to provide an additional mechanism for
executing brokers to submit Frequent Trader IDs post-trade.
    The text of the proposed rule change is 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. Specifically, the
Exchange proposes to provide an additional mechanism for executing
brokers to submit Frequent Trader IDs (``FTIDs'') post-trade. By way of
background, to participate in the Frequent Trader Program, Customers
(includes Professional Customers and Voluntary Professionals) may
register with the Exchange. Once registered, the Customer is provided a
unique identification number (``FTID'') that can be affixed to each of
its orders. The FTID allows the Exchange to identify and aggregate all
electronic and manual trades during both the Regular Trading Hours and
Extended Trading Hours sessions from that Customer for purposes of
determining whether the Customer meets any of the various volume
thresholds. The Customer has to provide its FTID to the Trading Permit
Holder (``TPH'') submitting that Customer's order to the Exchange
(``executing agent'' or ``executing TPH'') and that executing TPH would
have to enter the Customer's FTID on each of that Customer's orders.
The Exchange notes that there are instances however, in which a
Customer's FTID was not, or could not be, affixed to an order. As such,
the Exchange provides executing TPHs the ability to submit to the
exchange a form (the ``Frequent Trader Program--Volume Corrections
Form'' or ``Form'') as a mechanism for executing TPHs to identify
transactions to the Exchange that should have been, but were not,
associated with particular FTIDs. The Form needs to be submitted to the
Exchange within 3 business days. Transactions identified on the Form
only count towards the identified Customer's volume if that Customer
was already registered for the Frequent Trader Program prior to the
time the transaction occurred (e.g., if a customer trades 1,000
contracts the morning of April 1 and registers for the Frequent Trader
Program the afternoon of April 1, that customer cannot have its
executing TPH submit a form on its behalf for those 1,000 contracts
executed prior to registration in the Program).
    Effective March 19, 2018, a new FTID field will be available on
Cboe Trade Match (``CTM'') terminals. This enhancement will allow
executing TPHs to add or modify FTID information on post-trade records
on the trade date. TPHs that require FTID modifications on trade
records which occurred on past business days, limited to within the
last 3 business days, must continue to submit these changes using the
Form described above. The Exchange notes that the FTID field may be
changed by the TPH via the CTM terminal without notice to the Exchange.
The Exchange believes the enhanced functionality will provide an
additional means to input FTID information and provide a more efficient
and streamlined way to add or modify FTID information post-trade on the
trade date.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\3\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \4\ 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.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes adding system functionality to enable
executing TPHs to input FTIDs post-trade on the trade date through CTM,
instead of using a manual Form, provides TPHs with a more efficient
mechanism to ensure a Customer's FTID that was not, or could not be,
affixed to an order, is attributed to that Customer's order and gets
timely reported, thereby removing impediments to and perfecting the

mechanism of a free and open market and a national market system. The
Exchange notes that referencing this functionality in the Fees Schedule
also maintains transparency in the Fees Schedule.

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. The
proposed change to allow FTIDs to be submitted post-trade on the trade
date via Exchange system functionality will provide a more efficient
means for TPHs to submit this information and is not intended for
competitive reasons and only applies to Cboe Options. The Exchange also
notes that no rights or obligations of Permit Holders are affected by
the change.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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 \5\ and paragraph (f) of Rule 19b-4 \6\
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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-2018-023 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-2018-023. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2018-023, and should be submitted
on or before April 18, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-06141 Filed 3-27-18; 8:45 am]
 BILLING CODE 8011-01-P