[Federal Register: February 4, 2010 (Volume 75, Number 23)]
[Notices]
[Page 5822-5824]
[DOCID:fr04fe10-82]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61429; File No. SR-NASDAQ-2010-009]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change,
as Modified by Amendment No. 1 Thereto, To Amend Its Financial
Responsibility Rules To Reflect Changes to Corresponding FINRA Rules

January 27, 2010.
    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 January

21, 2010, The NASDAQ Stock Market LLC (the ``Exchange'' or ``NASDAQ'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change, as described in Items I and II below, which Items
have been prepared by the Exchange. The Exchange filed Amendment No. 1
on January 22, 2010. The Exchange has designated the proposed rule
change as constituting a non-controversial rule change under Rule 19b-
4(f)(6) under the Act,\3\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing this proposed rule change to delete Rule
3130 and IM-3130, to adopt a new Rule 4000A series, and to amend Rules
9557 and 9559 to conform NASDAQ's rules to recent changes to the rules
of the Financial Industry Regulatory Authority (``FINRA''). The
Exchange will implement the proposed rule change thirty days after the
date of the filing. The text of the proposed rule change is available
at http://nasdaqomx.cchwallstreet.com, at the Exchange's principal
office, 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
    NASDAQ proposes certain conforming changes to its rules concerning
members' financial responsibilities in light of changes made to the
rules of FINRA. Many of NASDAQ's rules are based on rules of FINRA
(formerly the National Association of Securities Dealers (``NASD'')).
During 2008, FINRA embarked on an extended process of moving rules
formerly designated as ``NASD Rules'' into a consolidated FINRA
rulebook. In most cases, FINRA has renumbered these rules, and in some
cases has substantively amended them. Accordingly, NASDAQ also has
initiated a process of modifying its rulebook to ensure that NASDAQ
rules corresponding to FINRA/NASD rules continue to mirror them as
closely as practicable. In some cases, it is not possible for the rule
numbers of NASDAQ rules to mirror corresponding FINRA rules, because
existing or planned NASDAQ rules make use of those numbers. However,
wherever possible, NASDAQ plans to update its rules to reflect changes
to corresponding FINRA rules.
    This filing addresses changes to NASDAQ rules to conform them to
FINRA's new consolidated financial responsibility rules.\4\ These rules
establish criteria that promote the permanency of member's capital,
requiring the review and approval of material financial transactions
and establishing criteria intended to identify member firms approaching
financial difficulty and to monitor their financial and operational
condition. FINRA's new financial responsibility rules incorporate many
of the provisions of the prior NASD and NYSE rules, but streamlined and
reorganized the provisions. FINRA also tiered many provisions to apply
only to those firms that clear or carry customer accounts.
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    \4\ Securities Exchange Act Release No. 60933 (November 4,
2009), 74 FR 58334 (November 12, 2009) (SR-FINRA-2008-067).
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    Currently, NASDAQ Rule 3130 and IM-3130 incorporate by reference
old NASD Rule 3130 and IM-3130. These rules concerned FINRA's authority
to regulate the activities of members experiencing financial or
operational difficulties. In adopting the new financial responsibility
rules, FINRA eliminated NASD Rule 3130 and IM-3130, and replaced them
with several rules that represented a consolidation of the old NASD and
NYSE rules concerning financial responsibility. As a consequence,
NASDAQ is also deleting Rule 3130 and IM-3130, and replacing them with
new rules found under a new Rule 4000A series.\5\ These new NASDAQ
rules incorporate by reference the analogous newly-adopted financial
responsibility rules of FINRA found in FINRA Rules 4110, 4120, 4140 and
4521. Consistent with current NASDAQ Rule 3130(b), NASDAQ is proposing
to make clear in proposed Rules 4110A, 4120A and 4140A that references
to Rule 9557 are to NASDAQ's Rule 9557.
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    \5\ FINRA also eliminated NASD Rule 3131 and adopted FINRA Rule
4130 in its place. NASD Rule 3131 concerned the regulation of
members registered with the SEC pursuant to Section 15C of the
Exchange Act. NASDAQ does not have such a class of membership, and
as such, did not adopt NASD Rule 3131 and is not proposing to adopt,
or incorporate by reference, FINRA Rule 4130.
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    FINRA also revised FINRA Rule 9557 (Procedures for Regulating
Activities Under FINRA Rules 4110, 4120 and 4130 Regarding a Member
Experiencing Financial or Operational Difficulties) and FINRA Rule 9559
(Hearing Procedures for Expedited Proceedings Under the Rule 9550
Series). FINRA Rules 9557 and 9559 address service of notice to member
firms that are experiencing financial or operational difficulties and
the related hearing procedures. FINRA made a number of conforming
revisions to Rules 9557 and 9559 in light of several of the new
financial responsibility rules. NASDAQ Rules 9557 and 9559 mirror the
analogous rules of FINRA in substance, with only minor technical
differences.\6\ As such, NASDAQ is proposing to make the same changes
Rules 9557 and 9559 as FINRA made to its Rules 9557 and 9559, with
minor technical differences.
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    \6\ For example, FINRA Rule 9557(c)(5) references ``FINRA
staff'' whereas proposed NASDAQ Rule 9557(c)(5) references instead
``Nasdaq Regulation staff.''
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and with
Sections 6(b)(5) of the Act,\8\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
changes will conform NASDAQ rules to recent changes made to
corresponding FINRA rules, to promote application of consistent
regulatory standards.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not

necessary or appropriate in furtherance of the purposes of the Act, as
amended.

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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally does not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest. The Commission believes that the
earlier operative date is consistent with the protection of investors
and the public interest because the proposed rule change permits Nasdaq
to implement the rule without further delay and in time for the
operative date of FINRA's financial responsibility rules.\12\
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    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to 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. The Commission notes that NASDAQ has satisfied the five-
day pre-filing notice requirement.
    \12\ For purposes only of waiving the 30-day 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 the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\13\
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    \13\ For purposes of calculating the 60-day abrogation period,
the Commission considers the proposed rule change to have been filed
on January 21, 2010, the date Nasdaq filed Amendment No. 1.
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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, as amended, 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-NASDAQ-2001-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-009. 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 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 offices 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-NASDAQ-2010-009, and
should be submitted on or before February 25, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2331 Filed 2-3-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23583-23587]
[FR Doc No: 2020-08936]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88725; File No. SR-NYSE-2020-37]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Add Commentary .01 to Rule 7.35

April 22, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on April 21, 2020, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

    The Exchange proposes to add Commentary .01 to Rule 7.35 to provide
that, for a temporary period that begins on April 21, 2020 and ends on
the earlier of the reopening of the Trading Floor facilities or after
the Exchange closes on May 15, 2020, for an IPO Auction, Rule
7.35(c)(3) will not be in effect, and the Exchange will disseminate
Auction Imbalance Information if a security is an IPO and has not had
its IPO Auction. 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to add Commentary .01 to Rule 7.35 to provide
that, for a temporary period that begins on April 21, 2020 and ends on
the earlier of the reopening of the Trading Floor facilities or after
the Exchange closes on May 15, 2020, for an IPO Auction, Rule
7.35(c)(3) will not be in effect, and the Exchange will disseminate
Auction Imbalance Information if a security is an IPO and has not had
its IPO Auction.
Background
    Since March 9, 2020, markets worldwide have been experiencing
unprecedented market-wide declines and volatility because of the
ongoing spread of COVID-19. Beginning on March 16, 2020, to slow the
spread of COVID-19 through social-distancing measures, significant
limitations were placed on large gatherings throughout the country.
    On March 18, 2020, the CEO of the Exchange made a determination
under Rule 7.1(c)(3) that, beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.\4\ Pursuant to Rule 7.1(e), the CEO notified the Board of
Directors of the Exchange of this determination.
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    \4\ The Exchange's current rules establish how the Exchange will
function fully-electronically. The CEO also closed the NYSE American
Options Trading Floor, which is located at the same 11 Wall Street
facilities, and the NYSE Arca Options Trading Floor, which is
located in San Francisco, CA. See Press Release, dated March 18,
2020, available here: https://ir.theice.com/press/press-releases/all-categories/2020/03-18-2020-204202110.
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    On March 26, 2020, the Exchange amended Rule 7.35A to add
Commentary .02,\5\ which provides:
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    \5\ See Securities Exchange Act Release No. 88488 (March 26,
2020) (SR-NYSE-2020-23), 85 FR 18286 (April 1, 2020) (Notice of
filing and immediate effectiveness of proposed rule change) (``Rule
7.35A Filing'').

    For a temporary period that begins on March 26, 2020 and ends on
the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, the Exchange will permit
a DMM limited entry to the Trading Floor to effect an IPO Auction
manually. For such an IPO Auction, the Exchange will disseminate the
following Auction Imbalance Information provided by the DMM via
Trader Update: The Imbalance Reference Price; the Paired Quantity;
the Unpaired Quantity; and the Side of the Unpaired Quantity. The
Exchange will publish such Trader Update(s) promptly after each
publication by the DMM of a pre-opening indication for such
security. The Trader Update will also include the pre-opening
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indication range.

    As described in the Rule 7.35A Filing, the Exchange added this
Commentary because, while the Trading Floor is temporarily closed,
Designated Market Makers (``DMMs'') cannot engage in any manual
actions, such as facilitating an Auction manually or publishing pre-
opening indications before a Core Open or Trading Halt Auction.
Commentary .02 to Rule 7.35A permits entry to the Trading Floor to a
single employee from the DMM member organization assigned to such
security so that this DMM can access the Floor-based systems used to
effect an Auction manually, and specifies the information that would be
included in a Trader Update in advance of such IPO Auction.
    On March 27, 2020, the Exchange effected an IPO Auction pursuant to
Commentary .02 to Rule 7.35A.
    On April 17, 2020, the Exchange amended Rule 7.35A to add
Commentary .04,\6\ which provides:
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    \6\ See Securities Exchange Act Release No. 88705 (April 21,
2020) (SR-NYSE-2020-35) (Notice of filing and immediate
effectiveness of proposed rule change).

    For a temporary period that begins on April 17, 2020 and ends on
the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, the Exchange will provide
a DMM remote access to Floor-based systems for the sole purpose of
effecting a manual (1) IPO Auction, or (2) Core Open Auction in
connection with a listed company's post-IPO public offering. For
such an IPO Auction, the Exchange will disseminate the following
Auction Imbalance Information provided by the DMM via Trader Update:
The Imbalance Reference Price; the Paired Quantity; the Unpaired
Quantity; and the Side of the Unpaired Quantity. The Exchange will
publish such Trader Update(s) promptly after each publication by the
DMM of a pre-opening indication for such security. The Trader Update
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will also include the pre-opening indication range.

    With these amendments to Rule 7.35A, during the temporary period
while the Trading Floor is closed, a DMM can effect a manual IPO
Auction either on the Trading Floor or remotely.
Proposed Rule Change
    Rule 7.35(c)(3) provides that the Exchange will not disseminate
Auction Imbalance Information if a security is an IPO or Direct Listing
and has not had its IPO Auction or Direct Listing Auction. The Exchange
proposes to add Commentary .01 to Rule 7.35 to provide that, for a
temporary period that begins on April 21, 2020 and ends on the earlier
of the reopening of the Trading Floor facilities or after the Exchange
closes on May 15, 2020, for an IPO Auction, Rule 7.35(c)(3) will not be
in effect, and the Exchange will disseminate Auction Imbalance
Information if a security is an IPO and has not had its IPO Auction.
    As noted above, during the temporary period while the Trading Floor
is closed, pursuant to either Commentary .02 or Commentary .04 to Rule
7.35A, DMMs will be able to effect IPO Auctions manually, either on the
Trading Floor or remotely. However, in either case, Floor brokers will
not be present and therefore would not be available to disseminate
Floor-based information about the IPO Auction to their customers.
Accordingly, for this temporary period while the Trading Floor is
closed and there are no Floor brokers, the Exchange believes it would
be appropriate to temporarily suspend Rule 7.35(c)(3) relating to IPO
Auctions.
    The Auction Imbalance Information that the Exchange proposes to
disseminate for an IPO Auction would be the same information that is
disseminated in advance of a Core Open Auction, as set forth in Rule
7.35A(e),

except for how the Imbalance Reference Price would be determined. Rule
7.35A(e)(1) provides that the Exchange begins disseminating Auction
Imbalance Information for a Core Open Auction at 8:00 a.m., and would
do the same for an IPO Auction. In addition, Rule 7.35A(e)(2) specifies
the content of the Auction Imbalance Information that is disseminated
in advance of a Core Open Auction, which would be the same content for
an IPO Auction.\7\ Finally, Rule 7.35A(e)(3) specifies the Imbalance
Reference Price, which for a Core Open Auction is the Consolidated Last
Sale Price. The Exchange proposes that the Imbalance Reference Price
for an IPO Auction would be the security's offering price, and that
such Imbalance Reference Price would be updated as provided for in Rule
7.35A(e)(3)(A)--(C).\8\
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    \7\ For Core Open Auctions, the Exchange disseminates Total
Imbalance, Side of Total Imbalance, Paired Quantity, and Continuous
Book Clearing Price, as these terms are defined in Rule 7.35(a)(4).
    \8\ As provided for in Rule 7.35A(e)(3), the Imbalance Reference
Price changes if a pre-opening indication has been published for
such Auction.
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    To effect this change, the Exchange proposes to add Commentary .01
to Rule 7.35, which would provide:

    For a temporary period that begins on April 21, 2020 and ends on
the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, for an IPO Auction,
paragraph (c)(3) of this Rule will not be in effect, and the
Exchange will disseminate Auction Imbalance Information if a
security is an IPO and has not had its IPO Auction. Such Auction
Imbalance Information will be disseminated in the same manner that
Auction Imbalance Information is disseminated for a Core Open
Auction, as set forth in Rule 7.35A(e)(1)--(3), except that
references to the term ``Consolidated Last Sale Price'' in Rule
7.35A(e)(3) and subparagraphs (A)--(C) of that Rule will be replaced
with the term ``the security's offering price.''

    Disseminating such Auction Imbalance Information via the
proprietary data feeds obviates the need to publish the Trader Updates
described in Commentary .02 and Commentary .04 to Rule 7.35A, as
described above.\9\ Under these specific circumstances, when Floor
brokers are absent and unavailable to relay Floor-based information
about an IPO Auction to their customers, Auction Imbalance Information
would provide more granular information in advance of an IPO Auction as
compared to the Trader Updates. Specifically, as noted above, the
Auction Imbalance Information disseminated via the proprietary data
feeds would begin being published at 8:00 a.m. ET, would be published
every second, and would include Total Imbalance, Side of Total
Imbalance, Paired Quantity, and Continuous Book Clearing Price
information. By contrast, a Trader Update as provided for in
Commentaries .02 or .04 to Rule 7.35A would be disseminated on a more
limited basis, and only if the DMM were to publish a pre-opening
indication. Accordingly, the Exchange proposes to amend those
Commentaries to delete the following text:
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    \9\ For example, as provided for in Rule 7.35A(d), a pre-opening
indication is published via both the securities information
processor and proprietary data feeds. Accordingly, pre-opening
indications for an IPO Auction would be included in the Auction
Imbalance Information that would be disseminated via the proprietary
data feeds pursuant to this proposed rule change.

    For such an IPO Auction, the Exchange will disseminate the
following Auction Imbalance Information provided by the DMM via
Trader Update: The Imbalance Reference Price; the Paired Quantity;
the Unpaired Quantity; and the Side of the Unpaired Quantity. The
Exchange will publish such Trader Update(s) promptly after each
publication by the DMM of a pre-opening indication for such
security. The Trader Update will also include the pre-opening
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indication range.

    The Exchange has tested the ability to disseminate such Auction
Imbalance Information on the day of an IPO Auction. In addition,
because such Auction Imbalance is already disseminated on a daily basis
in connection with Core Open Auctions, the Exchange believes that
member organizations that subscribe to such proprietary data feeds
would be able to receive, read, and respond to Auction Imbalance
Information for an IPO Auction without needing to make any changes.
Accordingly, the Exchange would be able to implement the proposed rule
change immediately upon effectiveness of this filing.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\10\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\11\ 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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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    As a result of uncertainty related to the ongoing spread of COVID-
19, the U.S. equities markets are experiencing unprecedented market
volatility. In addition, social-distancing measures have been
implemented throughout the country, including in New York City, to
reduce the spread of COVID-19. Directly related to such social-
distancing measures, the CEO of the Exchange made a determination under
Rule 7.1(c)(3) that beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.
    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, during the temporary period while the
Trading Floor is closed and Floor brokers are not present, it would
promote fair and orderly IPO Auctions for the Exchange to disseminate
Auction Imbalance Information on the same terms that such information
is disseminated for a Core Open Auction. Specifically, during the
period when the Trading Floor is temporarily closed, Floor brokers are
not available to disseminate Floor-based information about the IPO
Auction to their customers. Under these specific circumstances, the
Exchange believes that the Auction Imbalance Information would provide
more granular information in advance of an IPO Auction as compared to
the Trader Updates described in Commentaries .02 and .04 to Rule 7.35A.
As described above, the Auction Imbalance Information disseminated via
the proprietary data feeds would begin being published at 8:00 a.m. ET,
would be published every second, and would include Total Imbalance,
Side of Total Imbalance, Paired Quantity, and Continuous Book Clearing
Price information. By contrast, a Trader Update as provided for in
Commentaries .02 or .04 to Rule 7.35A would be disseminated on a more
limited basis, and only if the DMM were to publish a pre-opening
indication. The Exchange therefore believes that proposed rule change
would therefore promote transparency in advance of an IPO Auction while
the Trading Floor is closed.
    The Exchange believes that, by clearly stating that this relief
will be in effect through the earlier of the reopening of the Trading
Floor facilities or the close of the Exchange on May 15, 2020, market
participants will have advance notice that the Exchange would
disseminate Auction Imbalance Information for an IPO Auction that may

be effected manually by the DMM during this period.

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

    The Exchange does not believe that the proposed rule change would
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 is designed
to ensure fair and orderly IPO Auctions by providing that the Exchange
would disseminate Auction Imbalance Information for such auctions via
its proprietary data feeds during a temporary period when the Exchange
Trading Floor has been closed in response to social-distancing measures
designed to reduce the spread of the COVID-19 virus.

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 \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, 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 \14\ and Rule 19b-
4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\17\ 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 proposed
rule change may become operative immediately. During this temporary
period when the Exchange Trading Floor is closed, the Exchange would
disseminate Auction Imbalance Information for IPO Auctions via
proprietary data feeds. Because Floor brokers are not available to
disseminate Floor-based information about an IPO Auction to their
customers during this period, the Exchange believes that the Auction
Imbalance Information would provide more granular information in
advance of an IPO Auction as compared to the Trader Updates described
in Commentaries .02 and .04 to Rule 7.35A. The Exchange represents that
an IPO is scheduled to price on the Exchange on April 22, 2020, and
that the Exchange has tested the relevant technology and is able to
implement this proposed rule change immediately. The Commission
believes that the Auction Imbalance Information disseminated pursuant
to this proposed rule change could provide more detailed information
with greater frequency in advance of an IPO Auction as compared to the
current Trader Updates. Further, the Commission notes that the Exchange
has tested this technology, and that the proposal is a temporary
measure designed to respond to current, unprecedented market
conditions. For these reasons, the Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest. Accordingly, the Commission hereby
waives the 30-day operative delay and designates the proposal operative
upon filing.\18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-37 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-NYSE-2020-37. 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-2020-37, and should be submitted on
or before May 19, 2020.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12), (59).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-08936 Filed 4-27-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34330-34333]
[DOCID:fr15jy09-80]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 6, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-86-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp's Application for Approval of Acquisition
of Transmission Line Pursuant to Section 203 of the Federal Power Act.
    Filed Date: 07/02/2009.
    Accession Number: 20090702-5165.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 23, 2009.

    Docket Numbers: EC09-87-000.
    Applicants: Northwest Wind Partners, LLC.
    Description: Application of Northwest Wind Partners, LLC for
Authorization for Disposition of Jurisdictional Facilities and Request
for Expedited Consideration and Confidential Treatment.
    Filed Date: 07/02/2009.
    Accession Number: 20090702-5176.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 23, 2009.

    Docket Numbers: EC09-88-000.
    Applicants: RPL Holdings, Inc.
    Description: RPL Holdings, Inc., MEG Development Company, LLC, et
al. submit Application for Disposition of Jurisdictional Assets and
Request for Expedited Consideration.
    Filed Date: 07/06/2009.
    Accession Number: 20090706-5074.
    Comment Date: 5 p.m. Eastern Time on Monday, July 27, 2009.

    Docket Numbers: EC09-89-000.
    Applicants: MxEnergy Electric Inc.
    Description: Application of MxEnergy Electric Inc. for
Authorization for Disposition of Jurisdictional Facilities and Request
for Expedited Action.
    Filed Date: 07/02/2009.
    Accession Number: 20090702-5179.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 23, 2009.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG09-67-000.
    Applicants: Wilton Wind II, LLC.

    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Wilton Wind II, LLC.
    Filed Date: 07/01/2009.
    Accession Number: 20090701-5082.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: EG09-68-000.
    Applicants: Orange Grove Energy, L.P.
    Description: Notice of Self-Certification of Orange Grove Energy,
L.P., as an Exempt Wholesale Generator.
    Filed Date: 07/01/2009.
    Accession Number: 20090701-5289.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: EG09-69-000.
    Applicants: Elizabethtown Energy, LLC.
    Description: Self Certification Notice of Exempt Wholesale
Generator Status of Elizabethtown Energy, LLC.
    Filed Date: 07/02/2009.
    Accession Number: 20090702-5115.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 23, 2009.

    Docket Numbers: EG09-70-000.
    Applicants: Lumberton Energy, LLC.
    Description: Self Certification Notice of Exempt Wholesale
Generator Status of Lumberton Energy, LLC.
    Filed Date: 07/02/2009.
    Accession Number: 20090702-5117.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 23, 2009.

    Docket Numbers: EG09-71-000.
    Applicants: Milford Wind Corridor Phase I, LLC.
    Description: Notice of Self-Certification of Milford Wind Corridor
Phase I, LLC, as an Exempt Wholesale Generator.
    Filed Date: 07/02/2009.
    Accession Number: 20090702-5127.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 23, 2009.

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

    Docket Numbers: ER96-780-022; ER01-1633-009; ER00-3240-012; ER03-
1383-012.
    Applicants: Southern Company Services, Inc.; Southern Company--
Florida LLC; Oleander Power Project, L.P.
    Description: Southern Companies submits change in status relating
to the market-based rate authority.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0153.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER98-1643-013.
    Applicants: Portland General Electric Company.
    Description: Amended Notice of Non-Material Change in Status of
Portland General Electric.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5345.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER98-2783-016; ER99-3822-016; ER01-140-012; ER07-
842-006; ER09-629-003; ER99-4160-019; ER01-141-012; ER05-1266-010;
ER01-1044-013; ER99-2157-013; ER03-42-017.
    Applicants: Ontelaunee Power Operating Company, LLC, Dynegy Inc.,
Casco Bay Energy Company, LLC, Dynegy Power Marketing, Inc., Sithe/
Independence Power Partners, L.P., Dynegy Kendall Energy, LLC, Rocky
Road Power, LLC, Riverside Generating Company, LLC, Dynegy Roseton,
L.L.C., Bridgeport Energy, LLC, Dynegy Marketing and Trade, LLC, Dynegy
Danskammer, L.L.C.
    Description: Notice of Change in Status of Bridgeport Energy, LLC,
et al.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5344.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER00-1703-007.
    Applicants: PPL EnergyPlus, LLC.
    Description: PPL EnergyPlus, LLC submits request for a
determination of Category 1 status for the Central Region et al.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0075.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER02-237-014.
    Applicants: J. Aron & Company.
    Description: J. Aron & Company submits updated market power
analysis in compliance with the requirements of section 35.37.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0074.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER03-49-006.
    Applicants: Calpine Energy Services, L.P., Mankato Energy Center,
LLC, Riverside Energy Center, LLC, RockGen Energy, LLC.
    Description: Updated Market Power Analysis of Calpine Energy
Services, L.P., et al.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5235.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER04-318-008.
    Applicants: Dominion Energy Kewaunee, Inc.
    Description: Dominion Energy Kewaunee, Inc. Market Power Analyses
for the Central Region.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5233.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER05-1232-019; ER09-355-002; ER07-1117-010.
    Applicants: J.P. Morgan Ventures Energy Corporation, BE KJ LLC.
    Description: Updated Market Power Analysis and Order Nos. 697 and
697-A Compliance Filing of J.P. Morgan Ventures Energy Corporation, et
al.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5340.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER06-220-002; ER05-1282-002; ER06-215-002; ER06-
221-002; ER06-222-002; ER06-223-002; ER06-224-002; ER06-225-002; ER06-
686-002; ER07-1138-001.
    Applicants: Bendwind, LLC; Storm Lake Power Partners I LLC;
DeGreeffpa, LLC; Sierra Wind, LLC; Groen Wind, LLC; Larswind, LLC; TAIR
Windfarm, LLC; Hillcrest Wind, LLC; DeGreeff DP, LLC; Jeffers Wind 20,
LLC.
    Description: Bendwind, LLC et al. submits a request for Category 1
Seller.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0156.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER08-912-006; ER09-32-003; ER09-33-003; ER09-279-
002; ER09-30-003; ER09-31-003; ER03-296-022; ER07-242-013; ER03-951-
022; ER09-282-002; ER02-2085-015; ER09-1284-001; ER05-481-020.
    Applicants: Iberdrola Renewables, Inc.; Barton Windpower LLC;
Barton Windpower II LLC; Buffalo Ridge I LLC; Elm Creek Wind, LLC;
Famers city Wind, LLC; Flying Cloud Power Partners, LLC; MinnDakota
Wind LLC; Moraine Wind LLC; Moraine Wind II LLC; Northern Iowa
Windpower II LLC; Rugby Wind LLC; Trimont Wind I LLC.
    Description: Iberdrola Renewables, Inc. et al. submit its triennial
market power analysis.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0220.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER09-1364-000.
    Applicants: Michigan Power Limited Partnership.
    Description: Michigan Power Limited Partnership submits application
for acceptance of initial tariff, waivers and blanket authority.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-0056.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1381-000.
    Applicants: Allegheny Energy Supply Company, LLC.

    Description: Allegheny Energy Supply Company, LLC submits request
for authorization to make wholesale power sales to its affiliate,
Potomac Edison Company, etc.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0057.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1382-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Company, LLC submits request
for authorization to make wholesale power sales to its affiliate, West
Penn Power Company, etc.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0054.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1383-000.
    Applicants: Consumers Energy Company.
    Description: Consumers Energy Company submits notice of
cancellation.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0055.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1385-001.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
an errata to the filing of an amendment to non-conforming service
agreement.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0180.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1386-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits for acceptance an
Original Service Agreement 1825 et al. to FERC Electric Tariff, Fifth
Revised Volume 1.
    Filed Date: 07/01/2009.
    Accession Number: 20090701-0219.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1387-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits for filing
and acceptance of a Transmission Facilities Agreement et al.
    Filed Date: 07/01/2009.
    Accession Number: 20090701-0221.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1388-000.
    Applicants: Vermont Transco LLC.
    Description: Vermont Transco, LLC submits updated Exhibit A for the
1991 Transmission Agreement, Fourth Revised Sheet 15 to FERC Rate
Schedule 1, to be effective 7/1/09.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1389-000.
    Applicants: Duke Energy Business Services, LLC.
    Description: Duke Energy Indiana, Inc. submits their Facilities
Agreement with Duke Energy Business Services, LLC et al. designated as
FERC Electric Rate Schedule 270, to be effective 9/1/09.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1390-000.
    Applicants: PJM Interconnection LLC
    Description: PJM Interconnection, LLC submits notice of
cancellation for a non-conforming Transmission Service Agreement 1494
to FERC Electric Tariff, Sixth Revised Volume 1.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0092.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1391-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits Notice of
Cancellation of FERC Electric Rate Schedule 62 which consists of an
Interconnection Agreement with Cornbelt Power Cooperative.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0093.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1392-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits Notice of
Cancellation of FERC Electric Rate Schedule 67 which consists of an
Interchange and Operating Agreement with Cedar Falls Utilities.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0094.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1393-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits a Network
Integration Transmission Service Agreement and Network Operating and
Interconnection Agreement with City of Pella, Iowa dated 6/30/09.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0095.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1394-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool submits Sheet 57 et al., Second
Restated NEPOOL Agreement.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0096.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1395-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Motion of the New York Independent System Operator,
Inc to defer the effective date of certain previously accepted tariff
revisions with respect to the installed capacity auctions for May and
June 2009.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0097.
    Comment Date: 5 p.m. Eastern Time on Friday, July 10, 2009.

    Docket Numbers: ER09-1396-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits revisions re: Excessive/deficient energy deployment charge.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0116.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1397-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits a Network
Integration Transmission Service Agreement with Kansas Power Pool.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0115.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1398-000.
    Applicants: Southern California Edison Company.
    Description: Otter Tail Corp submits a Common Facilities Agreement
with Ashtabula Wind II, LLC.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0114.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1399-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Co of New Mexico submits Amendment One
to Power Sale Agreement.
    Filed Date: 07/01/2009.
    Accession Number: 20090702-0182.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Docket Numbers: ER09-1401-000.

    Applicants: Duke Energy Ohio, Inc.
    Description: Duke Energy Ohio, Inc submits first Revised Sheet No 1
to its FERC Electric Tariff, First Revised Volume No 2.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0056.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-16754 Filed 7-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Notices]
[Page 9982-9985]
[DOCID:fr04mr10-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61594; File No. SR-NASDAQ-2010-024]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt a Round Lot Holder Initial Listing Requirement for Listing of
Warrants on the Nasdaq Global and Capital Markets Except for Initial
Firm Commitment Underwritten Public Offering

February 25, 2010.
    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 February 19, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by NASDAQ.
NASDAQ has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ is filing this proposed rule change to adopt a round lot
holder requirement for listing on the Global and Capital markets, and
to make a technical correction to a cross referenced rule.
    The text of the proposed rule change is below. Proposed new
language is in italics and proposed deletions are in [brackets].

5410. Initial Listing Requirements for Rights and Warrants

    For initial listing, the rights or warrants must meet all the
requirements below:
    (a) No change.
    (b) The underlying security must be listed on the Global Market or
be a Covered Security; [and]
    (c) There must be at least three registered and active Market
Makers[.] ; and
    (d) In the case of warrants, there must be at least 400 Round Lot
Holders (except that this requirement will not apply to the listing of
warrants in connection with the initial firm commitment underwritten
public offering of such warrants).
* * * * *

5515. Initial Listing Requirements for Rights, Warrants, and
Convertible Debt

    The following requirements apply to a Company listing convertible
debt, rights or warrants on The Nasdaq Capital Market.
    (a) For initial listing, rights, warrants and put warrants (that
is, instruments that grant the holder the right to sell to the issuing
company a specified number of shares of the Company's common stock, at
a specified price until a specified period of time) must meet the
following requirements:
    (1) No change.
    (2) The underlying security must be listed on Nasdaq or be a
Covered Security; [and]
    (3) At least three registered and active Market Makers[.] ; and
    (4) In the case of warrants, at least 400 Round Lot Holders (except
that this requirement will not apply to the listing of rights or
warrants in connection with the initial firm commitment underwritten
public offering of such warrants).
    (b)-(c) No change.
* * * * *

5730. Listing Requirements for Securities Not Specified Above (Other
Securities)

    (a) Initial Listing Requirements

    (1) Nasdaq will consider listing on the Global Market any security
not otherwise covered by the criteria in the Rule 5400 or 5700 Series,
provided the instrument is otherwise suited to trade through the
facilities of Nasdaq. Such securities will be evaluated for listing
against the following criteria:
    (A) The Company shall have assets in excess of $100 million and
stockholders' equity of at least $10 million. In the case of a Company
which is unable to satisfy the income criteria set forth in Rule
5405(b)(1)(A)[paragraph (a)(1)], Nasdaq generally will require the
Company to have the following:
    (i)-(ii) No change.
    (B)-(D) No change.
    (2)-(3) No change.
    (b) 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, NASDAQ 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. NASDAQ 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
    NASDAQ is proposing to adopt a round lot holder requirement for the
initial listing of warrants on the Global and Capital Markets, with a
limited exemption for companies listing warrants pursuant to a firm
commitment underwritten initial public offering.\4\ Currently, Listing
Rule 5410 provides that to list a warrant on the Global Market a
Company must have at least 450,000 warrants issued, the underlying
security must be listed on the Global Market or be a Covered Security
\5\, and there must be at least three registered and active Market
Makers. To list a warrant on the Capital Market, a Company must have at
least 400,000 warrants issued, the underlying security must be listed
on NASDAQ or be a Covered Security, and there must be at least three
registered and active Market Makers.\6\
---------------------------------------------------------------------------

    \4\ The Commission notes that the proposed changes to the Global
Market warrant holder requirement would apply to the Global Select
Market under Nasdaq Rule 5320, which provides that ``[i]f the
Primary Equity Security of a Company is included in the Global
Select Market, any other security of that same Company, such as
other classes of common or preferred stock, warrants and units, that
qualify for listing on the Global Market shall also be included in
the Global Select Market.''
    \5\ Rule 5005(a)(9) defines a Covered Security as a security
described in Section 18(b) of the Securities Act of 1933.
    \6\ Rule 5515(a).
---------------------------------------------------------------------------

    On March 12, 2009, NASDAQ filed a proposed rule change to revise
the rules relating to the qualification, listing, and delisting of
companies listed on, or applying to list on, NASDAQ to improve the
organization of the rules, eliminate redundancies and simplify the rule
language.\7\ These rules (the ``Listing Rules'') were operative April
13, 2009. In adopting the new Listing Rules, NASDAQ inadvertently
omitted the requirement in the prior rules that a warrant have at least
400 round lot holders for initial listing \8\ on the Global Market.
NASDAQ is proposing to modify Rule 5410 to add the round lot holder
requirement back to the rule.
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 59663 (March 31, 2009),
74 FR 15552 (April 6, 2009)(SR-NASDAQ-2009-018).
    \8\ Former Rule 4420(d)(1) required warrants to substantially
meet the requirements of the Global Market listing rules, which
included a minimum of 400 round lot shareholders under all three
entry standards.
---------------------------------------------------------------------------

    NASDAQ is also proposing to adopt an identical 400 round lot holder
requirement for the initial listing of warrants on the Capital Market.
NASDAQ does not currently have a holder requirement for listing
warrants on the Capital Market; however, NASDAQ believes that adopting
such a requirement will help ensure that warrants listed on the Capital
Market will have adequate distribution and a liquid trading market.
    NASDAQ is proposing to adopt an exemption from the proposed round
lot holder requirements of both the Global and Capital Markets for
warrants listed pursuant to a firm commitment underwritten initial
public offering. NASDAQ believes that a primary purpose of distribution
requirements in listing standards is to ensure a liquid trading market,
promoting price discovery and the establishment of an appropriate
market price for the listed securities. In the case of warrants, NASDAQ
believes that this liquidity concern is partially addressed by the fact
that the market price for a warrant is in large part determined by the
trading price of the underlying common stock. Warrant values are
primarily determined using valuation models that factor in the trading
price of the underlying stock, the warrant exercise price and the
expiration date of the right or warrant. NASDAQ believes that the sale
of warrants in an underwritten public offering provides an additional
basis for believing that a liquid trading market will likely develop
for such warrants after listing, since the offering process is designed
to promote appropriate price discovery. Moreover, the underwriters in a
firm commitment underwritten public offering will also generally make a
market in the securities for a period of time after the offering,
assisting in the creation of a liquid trading market. For the foregoing
reasons, NASDAQ believes that it is consistent with the protection of
investors and the public interest to exempt from the proposed holder
requirements of Rules 5410 and 5515(a) any series of warrants that is
listed in connection with its initial firm commitment underwritten
public offering. This proposed exemption is also consistent with a
recent change to the listing requirements of the New York Stock
Exchange (``NYSE'').\9\
---------------------------------------------------------------------------

    \9\ See SR-NYSE-2009-115 (December 2, 2009), 74 FR 64781
(December 8, 2009) (amending Section 703.12 of the NYSE Listed
Company Manual to exempt from the 400 holders requirement any series
of warrants listed in connection with the initial firm commitment
underwritten public offering of such warrants).
---------------------------------------------------------------------------

    NASDAQ is not proposing to require a minimum number of holders for
the initial listing of rights, because rights are generally distributed
to the holders of an existing security and becomes a part of the
realizable value of that security. As such, because the existing
security must meet liquidity requirements, including a continued
listing holders requirement, there is not a need to require a separate
minimum number of holders of the rights to help ensure the liquidity of
the rights.\10\
---------------------------------------------------------------------------

    \10\ This is also consistent with the NYSE's treatment of
rights. See Section 703.03(N) of the NYSE Listed Company Manual.
---------------------------------------------------------------------------

    NASDAQ is also making a technical correction to a cross-reference
contained in the Listing Rules. Rule 5730(a)(1)(A) was derived from old
Rule 4420(d), which contained a cross reference to the Global Market
income criteria found under old Rule 4420(a)(1). Rule 4420(a)(1) was
moved to new Listing Rule 5405(b)(1)(A), yet the cross reference in
Rule 5730(a)(1)(A) was not updated to reflect this new location.
Accordingly, NASDAQ proposes to correct the reference in Rule
5730(a)(1)(A).
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the

provisions of Section 6 of the Act,\11\ in general and with Section
6(b)(5) of the Act,\12\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
rule change, which imposes a round lot holder requirement applicable to
the initial listing of warrants, subject to a limited exception for
warrants listed pursuant to firm commitment initial public offerings,
will protect investors and the public interest and remove impediments
to and perfect the mechanism of a free and open market by helping to
assure adequate liquidity, and correcting inadvertent errors in the
adoption of the New Listing Rules.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    NASDAQ 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, as amended.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) \14\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 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.\15\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii). 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 the pre-filing requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay period.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay
period is consistent with the protection of investors and the public
interest. For the Global Market, Nasdaq would require the same 400
round lot warrant holders requirement that was contained in the rules
for warrants prior to the reorganization of its Listing Rules. For the
Capital Market, Nasdaq is proposing an identical 400 round lot warrant
holders requirement as the Global Market. The Commission believes that
waiver of the 30-day operative delay period is consistent with the
protection of investors and the public interest as the proposed changes
should help to enhance liquidity and price discovery for warrants.
Further, for both the Global Market and the Capital Market, Nasdaq's
proposed exemption from the holder requirement for initial firm
commitment underwritten public offerings is identical to the rules of
the NYSE, which were published for notice and comment in the Federal
Register.\17\ The Commission did not receive any comments during the
public comment period. The Commission further notes that waiving the
30-day operative delay for this provision is consistent with the
protection of investors and the public interest as market making by the
underwriters in an initial firm commitment public offering of warrants
for a period of time after the offering should help alleviate short
term liquidity concerns.\18\ Finally, Nasdaq proposes to correct
inaccurate cross references in the Listing Rules. Based on the above,
the Commission believes it is consistent with the protection of
investors and the public interest to waive the 30-day operative delay
and therefore deems the proposal effective upon filing.\19\
---------------------------------------------------------------------------

    \17\ See note 9 supra.
    \18\ As noted by Nasdaq, the price of such warrants would be
established by the firm commitment underwritten offering process, in
addition to the price of the underlying security, the exercise price
of the warrants, and the expiration of the warrants.
    \19\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such proposed 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.\20\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-NASDAQ-2010-024 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-024. 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 Web site
viewing and printing in the Commission's Public Reference Room 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 offices of the NASDAQ. 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-NASDAQ-2010-024, and
should be submitted on or before March 25, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-4411 Filed 3-3-10; 8:45 am]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life and many of my ex-smoking friends. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. There have been numerous studies, implemented by many great universities and trusted independent researchers which I believe should be reviewed. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5412-5413]
[FR Doc No: 2020-01597]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3251-010]

Notice of Application Ready for Environmental Analysis, and
Soliciting Comments, Recommendations, Terms and Conditions, and
Prescriptions; Cornell University

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 3251-010.
    c. Date Filed: June 28, 2019.
    d. Applicant: Cornell University.
    e. Name of Project: Cornell University Hydroelectric Project
(Cornell Project).
    f. Location: On Fall Creek within the Cornell University campus in
the City of Ithaca, Tompkins County, New York. The project does not
occupy federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825 (r).
    h. Applicant Contact: Mr. Frank Perry, Manager of Projects, Energy
and Sustainability, Humphreys Service Building, Room 131, Cornell
University, Ithaca, NY 14853-3701;<PHONE_NUMBER>; email_
[email protected]
    i. FERC Contact: Christopher Millard at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments, recommendations, terms and conditions, and prescriptions
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-3251-010.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted and is ready for
environmental analysis at this time.
    l. The project works consist of: (1) An existing 28-foot-high, 260-
foot-long reinforced-concrete gravity overflow-type dam, known as Beebe
Lake Dam, with a crest elevation of 780.7 feet mean sea level (msl);
(2) an impoundment (Beebe Lake) with a surface area of 16 acres and a
storage capacity of 50 acre-feet at the normal pool elevation of 780.7
feet msl; (3) a concrete forebay wall and reinforced-concrete intake
with a 6-foot-high, 6-foot-wide steel vertical-slide gate along the
right (north) bank; (4) a 5-foot-diameter, 1,507-foot-long reinforced-
concrete underground pipeline and a 5-foot-diameter, 200-foot-long
riveted-steel underground penstock; (5) a 79-foot-long, 29-foot-wide,
24-foot-high powerhouse containing two Ossberger turbines and induction
generators with a combined authorized capacity of 1,718 kilowatts; (6)
a tailrace located on the river right-side of Fall Creek directly below
the powerhouse; (7) a 385-foot-long, 2.4-kilovolt transmission line
connecting to Cornell's distribution system; and (8) appurtenant
facilities.
    The Cornell Project is operated in a run-of-river mode and bypasses
an 1,800-foot-long reach of Fall Creek that extends from the toe of the
dam to the powerhouse tailrace. From 2013 through 2018, the average
annual generation was 4,599 megawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    All filings must (1) bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish

the name, address, and telephone number of the person submitting the
filing; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. Each
filing must be accompanied by proof of service on all persons listed on
the service list prepared by the Commission in this proceeding, in
accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    o. Procedural schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Deadline for filing comments,                 March 2020.
 recommendations, terms and conditions, and
 prescriptions.
Reply comments due..........................  May 2020.
Commission issues EA........................  September 2020.
Comments on EA due..........................  October 2020.
------------------------------------------------------------------------

    Dated: January 23, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-01597 Filed 1-29-20; 8:45 am]
 BILLING CODE 6717-01-P