[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Pages 2925-2926]
[FR Doc No: 2010-808]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-61]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATE: Comments on this petition must identify the petition docket
number involved and must be received on or before August 10, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
1206 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility 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.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility 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: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA
98057-3356, or Ralen Gao,<PHONE_NUMBER>, Office of Rulemaking (ARM-1),
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 13, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2009-1206.
    Petitioner: Embraer.
    Section of 14 CFR Affected: 14 CFR 25.981(a)(3).
    Description of Relief Sought:
    The petitioner seeks relief from the requirements of fuel-tank
structural lightning protection for its EMB-135BJ Enhanced model
airplane.

[FR Doc. 2010-808 Filed 1-15-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Notices]
[Pages 24980-24981]
[FR Doc No: 2023-08683]

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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
corporate filings:

    Docket Numbers: EC23-77-000.
    Applicants: SR McNeal, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of SR McNeal, LLC.
    Filed Date: 4/18/23.
    Accession Number: 20230418-5252.
    Comment Date: 5 p.m. ET 5/9/23.

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

    Docket Numbers: EG23-126-000.
    Applicants: Delta's Edge Solar, LLC.
    Description: Delta's Edge Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5173.
    Comment Date: 5 p.m. ET 5/10/23.

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

    Docket Numbers: ER19-469-006.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Amendment to Supplemental
Information to Amend Effective Date in ER19-469 to be effective 3/31/
2024.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5140.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-773-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Refund Report: CCSF Refund Report for missed WPAs (SA
275) to be effective N/A.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5000.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-856-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Refund Report: CCSF Refund Report for missed Service
Agreements (SA 275) to be effective N/A.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5001.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-1148-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Amendment of CSA, SA No. 6684; Queue
No. AD2-096 in Docket No. ER23-1148-000 to be effective 12/31/9998.

    Filed Date: 4/18/23.
    Accession Number: 20230418-5188.
    Comment Date: 5 p.m. ET 5/9/23.

    Docket Numbers: ER23-1167-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Request to Defer Action on SA Filing
Amend to ISA, SA No. 6804 Queue No. AC2-090 to be effective 12/31/9998.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5116.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-1658-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised ISA, SA No. 6770;
Queue Nos. AE2-071/AF1-203 to be effective 3/20/2023.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5033.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-1659-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6861; Queue No. AE2-072 to be effective 3/20/2023.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5040.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-1661-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: TO Pro Forma Interconnection
Agreement to be effective 6/19/2023.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5088.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-1662-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-04-19_SA 2930
Termination of ITC-Sugar Creek 1st Rev GIA (J419) to be effective 4/20/
2023.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5120.
    Comment Date: 5 p.m. ET 5/10/23.

    Docket Numbers: ER23-1663-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, Service
Agreement No. 6082; Queue No. AF1-039 to be effective 6/19/2023.
    Filed Date: 4/19/23.
    Accession Number: 20230419-5123.
    Comment Date: 5 p.m. ET 5/10/23.

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

    Dated: April 19, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-08683 Filed 4-24-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 18, 2010 (Volume 75, Number 32)]
[Notices]
[Page 7278-7279]
[DOCID:fr18fe10-38]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0062]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Exception From General Requirements for Informed
Consent

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on a new exception from the
general requirements for informed consent to permit the use of
investigational in vitro diagnostic devices to identify chemical,
biological, radiological, or nuclear agents without informed consent in
certain circumstances.

DATES:  Submit written or electronic comments on the collection of
information by April 19, 2010.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Medical Devices; Exception From General Requirements for Informed
Consent--21 CFR 50.23 (OMB Control Number 0910-0586)--Extension

    In the Federal Register of June 7, 2006 (71 FR 32827), FDA issued
an interim final rule (hereinafter referred to as the June 7, 2006,
interim final rule) to amend its regulations to establish a new
exception from the general requirements for informed consent, to permit
the use of investigational in vitro diagnostic devices to identify
chemical, biological, radiological, or nuclear agents without informed
consent in certain circumstances. The agency took this action because
it was concerned that, during a potential terrorism event or other
potential public health emergency, delaying the testing of specimens to
obtain informed consent may threaten the life of the subject. In many
instances, there may also be others who have been exposed to, or who
may be at risk of exposure to, a dangerous chemical, biological,
radiological, or nuclear agent, thus necessitating identification of
the agent as soon as possible. FDA created this exception to help
ensure that individuals who may have been exposed to a chemical,
biological, radiological, or nuclear agent are able to benefit from the
timely use of the most appropriate diagnostic devices, including those
that are investigational.
    Section 50.23(e)(1) (21 CFR 50.23(e)(1)) provides an exception to
the general rule that informed consent is required for the use of an
investigational in vitro diagnostic device. This exception will apply
to those situations in which the in vitro investigational diagnostic
device is used to prepare for and respond to a chemical, biological,
radiological, or nuclear terrorism event or other public health
emergency, if the investigator and an independent licensed physician
make the determination and later certify in writing that: (1) There is
a life-threatening situation necessitating the use of the
investigational device; (2) obtaining informed consent from the subject
is not feasible because there was no way to predict the need to use the
investigational device when the specimen was collected and there is not
sufficient time to obtain consent from the subject or the subject's
legally authorized representative; and (3) no satisfactory alternative
device is available. Under the June 7, 2006, interim final rule these
determinations are made before the device is used, and the written
certifications are made within 5 working days after the use of the
device. If use of the device is necessary to preserve the life of the
subject and there is not sufficient time to obtain the determination of
the independent licensed physician in advance of using the
investigational device, Sec.  50.23(e)(2) provides that the
certifications must be made within 5 working days of use of the device.
In either case, the certifications are submitted to the Institutional
Review Board (IRB) within 5 working days of the use of the device.
    Section 50.23(e)(4) provides that an investigator must disclose the
investigational status of the device and what is known about the
performance characteristics of the device at the time test results are
reported to the subject's health care provider and public health
authorities, as applicable. Under the June 7, 2006, interim final rule,
the investigator provides the IRB with the information required by
Sec.  50.25 (21 CFR 50.25) (except for the information described in
Sec.  50.25(a)(8)) and the procedures that will be used to provide this
information to each subject or the subject's legally authorized
representative.
    FDA estimates the burden of the collection of information as
follows:

                                                 Table 1.--Estimated Average Annual Reporting Burden\1\
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                                                              No. of       Annual Frequency  of     Total Annual        Hours per
                    21 CFR Section                         Respondents           Responses           Responses           response         Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
50.23(e)(1)(2)                                                        150                     3                450                  2                900
--------------------------------------------------------------------------------------------------------------------------------------------------------
50.23(e)(4)                                                           150                     3                450                  1                450
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Total                                                                                1350
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information

    From its knowledge of the industry, FDA estimates that there are
approximately 150 laboratories that could perform testing that uses
investigational in vitro diagnostic devices to identify chemical,
biological, radiological, or nuclear agents. FDA estimates that in the
United States each year there are approximately 450 naturally occurring
cases of diseases or conditions that are identified in Centers for
Disease Controls's list of category ``A'' biological threat agents. The
number of cases that would result from a terrorist event or other
public health emergency is uncertain. Based on its knowledge of similar
types of submissions, FDA estimates that it will take about 2 hours to
prepare each certification.
    Based on its knowledge of similar types of submissions, FDA
estimates that it will take about 1 hour to prepare a report disclosing
the investigational status of the in vitro diagnostic device and what
is known about the performance characteristics of the device and submit
it to the health care provider and, where appropriate, to public health
authorities.
    This interim final rule refers to previously approved collections
of information found in FDA regulations. These collections of
information are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR 50.25 have been
approved under 0910-0130.

    Dated: February 4, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-3025 Filed 2-17-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Notices]
[Page 66810-66813]
[DOCID:fr16no06-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54726; File No. SR-CBOE-2006-89]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Regarding the Exchange's Open Outcry Crossing Rule

November 8, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 6, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' 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 CBOE has filed this proposal as a ``non-controversial'' proposed
rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ 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\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 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 proposes certain changes that are intended to clarify
the operation of CBOE Rule 6.74, which pertains to crossing orders in
open outcry. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com), 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
    CBOE Rule 6.74, ``Crossing Orders,'' is an open outcry crossing
rule that was adopted prior to the time that the Exchange established
its Hybrid Trading System (``Hybrid''), which, among other things,
introduced dynamic electronic quotes and the ability for non-public
customer orders to be placed in the electronic book. This proposed rule
change therefore seeks to update CBOE Rule 6.74 in certain respects in
order to clarify the priority of in-crowd market participants
(``ICMPs'') vis-[agrave]-vis electronic trading interests. The proposed
rule change also seeks to clarify the applicability of Section 11(a)(1)
of the Act \5\ to crossing transactions conducted pursuant to CBOE Rule
6.74 and to update certain other provisions that have become outdated.
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    \5\ 15 U.S.C. 78k(a)(1).
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    First, the Exchange seeks to update the provisions of CBOE Rule
6.74(d), which describes the procedures for crossing orders when a
Floor Broker is seeking a participation entitlement, in order to
clarify the priority of members in the trading crowd after the
applicable participation entitlements have been satisfied. By way of
background, in the event a Floor Broker represents an order that is of
the eligible order size or greater (``original order'') and is also
holding a facilitation order or a solicited order, the Floor Broker may
proceed under the provisions of CBOE Rule 6.74(d) to obtain a crossing
participation entitlement.\6\ The CBOE Rule 6.74(d) crossing
participation entitlement permits the Floor Broker to transact either
20% or 40%, as determined by the appropriate Procedure Committee, of
the remainder of the original order against the facilitation or
solicited order. Further, if a DPM or LMM is granted participation
rights under CBOE Rule 8.87 or CBOE Rule 8.15B, respectively, CBOE Rule
6.74(d)(v) provides that the DPM or LMM participation entitlement is
applied if the trade occurs at the DPM's/LMM's market, provided that
the DPM/LMM participation entitlement will be limited to the number of
contracts that, when combined with the percentage the Floor Broker
crossed, does not exceed 40% of the original order size. After the
applicable public customer orders and participation entitlements have
been satisfied, CBOE Rule 6.74(d)(vi) provides that ``the members of
the trading crowd'' are entitled to participate in the balance
remaining in the order.\7\
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    \6\ Pursuant to CBOE Rule 6.74(d)(ii), the Floor Broker crossing
entitlement takes effect after all public customer orders that were
on the limit order book and then represented in the trading crowd at
the time the market was established have been satisfied.
    \7\ CBOE Rule 6.74(d)(vi) currently provides in relevant part
that the ``members of the trading crowd who established the market
will have priority over all other orders that were not represented
in the trading crowd at the time the market was established (but not
over customer orders on the book) and will maintain priority over
such orders except for orders that improve upon the market.''
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    The proposed rule change will clarify which members of the trading
crowd are entitled to participate in the balance remaining in the
order. Specifically, the proposed rule change provides that the
remaining balance of an order will be allocated among the ICMPs who
established the market. Therefore, neither electronic quotes received
by the Exchange from electronic DPMs and Remote Market-Makers
(categories of CBOE market-makers that are not physically located in
the trading crowd) nor broker-dealer electronic orders resting on the
book would be entitled to participate in the remaining balance of the
order if there is sufficient interest among the ICMPs in the trading
crowd at the same price or better.
    Thus, the CBOE Rule 6.74(d) priority sequence is generally such
that, at the same price, public customer orders resting in the book
would have first priority, then the Floor Broker to the extent of the
crossing entitlement, then the DPM/LMM (to the extent of the DPM/LMM
participation entitlement), and then the ICMPs. Further, nothing
prohibits a Floor Broker or DPM/LMM from trading more than his
percentage entitlement if the other ICMPs do not choose to trade the
remaining portion of the order. To the extent there may be any further
remaining balance, same-priced broker-dealer orders resting in the book
and electronic quotes of market makers would have priority to trade
next.
    The proposed rule change also clarifies how the remaining balance
of the order is allocated among the ICMPs, on which the rule is
currently silent. Specifically, the proposed rule change provides that
priority to trade the remaining portion of an order being crossed in
open outcry shall be afforded to bids (offers) made by ICMPs in the
sequence in which they are made. If bids (offers) were made at the same
time, or in the event that the sequence cannot be reasonably
determined, priority shall be apportioned equally among the ICMPs who
established the market. In the event an ICMP declines to accept any
portion of the available contracts, any remaining contracts shall be
apportioned equally among the other ICMPs who established the market
until all contracts have been apportioned.
    The proposed rule change also seeks to adopt an introductory
paragraph for CBOE Rule 6.74 that generally clarifies the priority
principles applicable among ICMPs and electronic trading interest.
Specifically, the introduction will provide that, at the same price,
bids and offers of ICMPs have first priority, except as is otherwise
provided in the Rule with respect to public customer orders resting in
the electronic book, and all other bids and offers (including bids and
offers of broker-dealers in the electronic book and electronic quotes
of Market-Makers) have second priority.
    All transactions conducted under CBOE Rule 6.74 must be in
compliance with Section 11(a) of the Act and the rules promulgated
thereunder. Therefore, the introduction will also make clear that, in
order to transact proprietary orders \8\ on the floor of the Exchange
pursuant to the Rule, members must ensure that they qualify for an
exemption from Section 11(a)(1) of the Act.
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    \8\ For purposes of the Rule, a ``proprietary order'' will mean
an order for a member's own account, the account of an associated
person, or an account with respect to which the member or an
associated person thereof exercises investment discretion.
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    Members relying on Section 11(a)(1)(G) of the Act \9\ and Rule
11a1-1(T) thereunder (the ``G'' exemption) \10\ as an exemption must
comply with the requirements of that exemption before executing a
proprietary order, including the requirement to yield priority to any
bid or offer at the same price for the account of a person who is not,
or is not associated with, a member (a ``non-member''), irrespective of
the size of any such bid or offer or the time when it was entered.
Because CBOE's electronic book does not distinguish between member and
non-member broker-dealer orders, the introductory language also
clarifies how a member relying on the ``G'' exemption must yield
priority. Specifically, before a member that is relying on the ``G''
exemption can execute a proprietary order, the member must first yield
priority to all same-priced public customer orders and broker-dealer
orders (whether non-member or member) resting in the electronic book,
as well as any other bids and offers that would otherwise

have priority over those broker-dealer orders under CBOE Rule 6.74.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78k(a)(1)(G).
    \10\ 17 CFR 240.11a1-1(T).
---------------------------------------------------------------------------

    For example, assume a Floor Broker is relying on the ``G''
exemption and asserting a participation entitlement when attempting to
cross an order with a firm proprietary order pursuant to CBOE Rule
6.74(d). The Floor Broker must yield priority to any same-priced public
customer orders and broker-dealer orders resting in the electronic
book, as well as any DPM/LMM and other ICMPs that would otherwise have
priority over those broker-dealer orders. In such a scenario, the CBOE
Rule 6.74(d) priority sequence described above is modified so that, at
the same price, public customer orders resting in the book would have
first priority, then the DPM/LMM (to the extent of the DPM/LMM
participation entitlement), then the ICMPs (to the extent each such
participant also qualifies for an exemption from Section 11(a)(1) of
the Act but is not relying on a ``G'' exemption), then broker dealer
orders resting in the book, and then the Floor Broker's proprietary
order (along with any other ICMPs also relying on the ``G'' exemption).
As in CBOE Rule 6.74(d)(v), the Floor Broker's percentage entitlement
to the remaining contracts, when combined with the DPM/LMM guaranteed
participation, may not exceed 40% of the order. However, provided the
``G'' exemption requirements are satisfied, nothing prohibits a Floor
Broker or DPM/LMM from trading more than their applicable percentage
entitlement if other ICMPs do not choose to trade the remaining portion
of the order. To the extent there may be any further remaining balance,
same-priced electronic quotes of market makers would have priority to
trade next.
    Finally, the Exchange proposes various other changes to CBOE Rule
6.74, including conforming changes to reference ``ICMPs'' throughout
the text of the Rule. The Exchange also proposes changes to the text of
Interpretation and Policy .08 of the Rule to clarify that CBOE Rule
6.74(d) supercedes the priority provisions of paragraph (d) of CBOE
Rule 6.9, ``Solicited Transactions,'' with respect to both
facilitations and solicitations.\11\ The Exchange also proposes to
remove an outdated reference to a ``Board Broker,'' a term which no
longer is utilized by the Exchange.
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    \11\ The text of CBOE Rule 6.74, Interpretation and Policy .08
currently refers to ``solicited orders,'' which are defined in CBOE
Rule 6.9, Interpretation and Policy .01 to include both facilitation
orders and orders resulting from solicitations.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that it
is designed to promote just and equitable principles of trade, serve to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and protect investors and the
public interest.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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.

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
proposal.

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

    The Exchange has designated the proposed rule change as one that:
(i) Does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest. In
addition, as required under Rule 19b-4(f)(6)(iii),\14\ the CBOE
provided the Commission with written notice of its intention to file
the proposed rule change, along with a brief description and the text
of the proposed rule change, at least five business days prior to
filing the proposal with the Commission. Therefore, the foregoing rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\15\ and Rule 19b-4(f)(6) thereunder.\16\
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    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
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    Pursuant to Rule 19b-4(f)(6)(iii) under the Act, a proposal does
not become operative for 30 days after the date of its filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest. The CBOE has requested
that the Commission waive the 30-day operative delay. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because the proposal
will clarify the operation of CBOE Rule 6.74 and will clarify how Floor
Brokers may comply with the requirements of Section 11(a) under the
Act.\17\ For these reasons, the Commission designates that the proposed
rule change become operative immediately.
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    \17\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2006-89 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CBOE-2006-89. 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. 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 No. SR-
CBOE-2006-89 and should be submitted on or before December 7, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-19381 Filed 11-15-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Page 10817]
[FR Doc No: 2019-05501]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7563-027]

South Fork II Associates Limited Partnership; Notice of
Application for Transfer of License and Soliciting Comments, Motions To
Intervene, and Protests

    On October 4, 2018, South Fork II Associates Limited Partnership
(licensee/transferor/transferee) filed an application for the transfer
of license for the Weeks Falls Hydroelectric Project No. 7563, located
on the South Fork Snoqualmie River in King County, Washington.
    The licensee states that it inadvertently dissolved the partnership
in the state of Washington on September 28, 2011, in connection with
corporate changes to one of the licensee's partners. The licensee
states that it realized its mistake on November 18, 2011 and filed a
new limited partnership certificate with the Office of the Secretary of
State in the state of Washington, in the same name, i.e., South Fork II
Associates Limited Partnership. In response to the transfer application
filed, the licensee seeks an after-the-fact approval of the transfer of
license.
    Applicant's Contact: For transferor/transferee: Mr. Seth T. Lucia,
Bracewell LLP, 2001 M Street NW, Washington, DC 20036, Phone: 202-828-
5833, Email<EMAIL_ADDRESS>and Ms. Sheila Tralins, Vice
President, Deputy General Counsel and Assistant Secretary, Covanta
Energy, LLC, 445 South Street, Morristown, NJ 07960, Phone: 862-345-
5311, Email<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_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-7563-027.

    Dated: March 18, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-05501 Filed 3-21-19; 8:45 am]
 BILLING CODE 6717-01-P