[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Page 58729]
[FR Doc No: 2015-24737]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL15-103-000]

San Diego Gas & Electric Company; Notice of Petition for
Declaratory Order

    Take notice that on September 23, 2015, pursuant to Rule 207 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.207(a), section 219 of the Federal Power Act,
16 U.S.C. 824(s), and Order No. 679,\1\ San Diego Gas & Electric
Company (SDG&E or Petitioner), filed a petition for declaratory order
requesting authorization of incentive treatment for the South Orange
County Reliability Enhancement Project. SDG&E requests incentive rate
treatment for application to the Project that will authorize recovery
of one hundred percent of all prudently incurred development and
construction costs if the Project is abandoned or cancelled, in whole
or in part, for reasons beyond SDG&E's control, as more fully explained
in the petition.
---------------------------------------------------------------------------

    \1\ Promoting Transmission Investment through Pricing Reform,
Order No. 679, 71 FR 43294 (Jul. 31, 2006), FERC Stats. & Regs.
 31,222 (2006) (Order No. 679), order on reh'g, Order No.
679-A, 72 FR 1152 (Jan. 10, 2007), FERC Stats. & Regs.
31,236 (``Order No. 679-A''), order on reh'g, 119 FERC
61,062 (2007).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on October 23, 2015.

    Dated: September 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24737 Filed 9-29-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Proposed Rules]
[Page 77727]
[FR Doc No: 2011-32039]

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

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

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

Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0627; Airspace Docket No. 11-ASO-27]

Proposed Amendment of Class E Airspace; Pelion, SC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM), withdrawal.

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

SUMMARY: A notice of proposed rulemaking published in the Federal
Register on August 22, 2011 amending Class E airspace at Lexington
County Airport at Pelion, Pelion, SC, is being withdrawn. Upon review,
the FAA found that controlled airspace already exists for this airport
under a different city designator and airport name, and substantial
corrections would need to be made. In the interest of clarity, a new
proposal amending existing airspace and establishing airspace with the
new information will be submitted under a separate rulemaking.

DATES: Effective December 14, 2011, the proposed rule published August
22, 2011 (76 FR 52290), is withdrawn. 0901 UTC.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 22, 2011, a NPRM was published in the Federal Register
amending Class E airspace at Pelion, SC to accommodate new standard
instrument approach procedures for Lexington County Airport at Pelion
(76 FR 52290). Subsequent to publication the FAA found that the
airspace currently existed under the airport's previous name of
Corporate Airport and the city designator of Columbia, SC. To avoid
confusion this proposed rule is being withdrawn and will be established
under another rulemaking with the new airport name and designation,
along with an amendment for the Columbia, SC controlled airspace area
removing Corporate Airport from the description.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Withdrawal

    Accordingly, pursuant to the authority delegated to me, the Notice
of Proposed Rulemaking, as published in the Federal Register on August
22, 2011 (76 FR 52290) (FR Doc. 2011-21827), is hereby withdrawn.

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    Issued in College Park, Georgia, on December 5, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011-32039 Filed 12-13-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 10, 2008 (Volume 73, Number 198)]
[Notices]
[Page 60358-60359]
[DOCID:fr10oc08-132]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0002]

National Advisory Committee on Occupational Safety and Health
(NACOSH), Charter Renewal

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of renewal of the NACOSH charter.

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SUMMARY: The Secretary of Labor has renewed the charter of the National
Advisory Committee on Occupational Safety and Health (NACOSH) for two
years.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Crawford, OSHA Directorate
of Evaluation and Analysis, Room N-3641, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1932.

SUPPLEMENTARY INFORMATION: NACOSH was established by Section 7(a) of
the Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C.
651, 656) to advise, consult with, and make recommendations to the
Secretary of Labor and the Secretary of Health and Human Services on
matters relating to the administration of the Act. Under the Act,
Congress intended NACOSH to be a continuing advisory committee of
indefinite duration.
    NACOSH operates in accordance with the Federal Advisory Committee
Act (FACA) (5 U.S.C. App. 2) and OSHA's regulations on advisory
committees (29 CFR parts 1912 and 1912a). Pursuant to FACA and its
implementing regulations (41 CFR 102-3), the NACOSH charter must be
renewed every two years. The current charter expires on January 29,
2009. The Secretary has determined that renewing the NACOSH charter is
necessary and in the public interest. The new Committee charter will
expire two years from the date it is filed.

    To read or download a copy of the new NACOSH charter, go to Docket
No. OSHA-2008-0002 at http://www.regulations.gov, the Federal
eRulemaking Portal. The charter also is available for inspection and
copying at the OSHA Docket Office, N-2625, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2350. In addition, the charter may be viewed or downloaded at the
Federal Advisory Committees Database at http://www.fido.gov.

Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice under the
authority granted by Sections 6(b) and 7(a) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655, 656), the Federal Advisory
Committee Act (5 U.S.C. App. 2), 29 CFR parts 1912 and 1912a, 41 CFR
102-3, and Secretary of Labor's Order 5-2007 (72 FR 31160).

    Signed at Washington, DC this 6th day of October 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-24189 Filed 10-9-08; 8:45 am]

BILLING CODE 4510-26-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 14, 2005

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-12503

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of ATLAS AIR, INC. (ATLAS), filed 1/10/05 for:

XX  Waiver of startup deadline in Order 2004-3-16 for U.S.-Ecuador
all-cargo services

Background:

By Order 2004-3-16, the Department, among other things, granted to Atlas
six available frequencies to conduct scheduled U.S.-Ecuador all-cargo
air transportation services.  These awards were subject to the condition
that the carriers commence service with the frequencies no later than
June 14, 2004.  By Notices of Action Taken dated June 14, 2004,
September 15, 2004, and November 30, 2004, in the above-captioned
docket, the Department granted the requests of Atlas to extend the
startup deadline for the subject U.S.-Ecuador all-cargo frequencies.
The most recent extension was granted through January 15, 2005.

Application for Waiver of the Startup Condition:

On January 10, 2005, Atlas filed an application in the captioned docket
for a waiver of the startup condition imposed by Order 2004-3-16, and
asked that the startup period be extended for an additional period
through January 31, 2005.  Atlas states that it has been working
diligently to complete the Ecuadorian licensing process and is almost
ready to start the scheduled service.  Atlas further states that the
only regulatory task remaining is to provide Ecuador with an Atlas
official’s signature on the Ecuadorian operations specifications.
Atlas states that while it thought it could transmit a copy
electronically, it has been informed that Ecuador requires the original
document, a process which will take several days.  To provide for
additional time for the referenced document transfer and to allow for
other unforeseen events, Atlas requests a further startup waiver through
January 31, 2005.

Applicant rep.: Russell E. Pommer<PHONE_NUMBER>  DOT Analyst:  Thuy H.
Cooper<PHONE_NUMBER>

Disposition:

We grant the application filed by Atlas Air for a waiver of the startup
deadline imposed by Order 2004-3-16 in the 2002 U.S.-Ecuador All-Cargo
Service Case, and extend, through January 31, 2005, the startup deadline
for the frequencies allocated to Atlas Air.

In taking this action, we find that grant of the requested waiver is in
the public interest in the circumstances presented; namely, that the
carrier has indicated on the record that it is working diligently to
complete the Ecuadorian licensing process, and that no party opposed the
waiver request here.

We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served with the
application.

The above action was effective when taken: January 14, 2005.

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

________________________________________________________________________
______

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy, and (2) grant of the request was consistent with the public
interest.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

  Extension of the startup deadline is effective through January 31,
2005, or until the date on which Atlas begins service with their
allocated U.S.-Ecuador frequencies, whichever occurs earlier.  As to any
frequency with which Atlas does not begin service by January 31, 2005,
the allocation with respect to that frequency will expire automatically
and revert to the Department for reallocation.


[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43640-43641]
[FR Doc No: 2023-14441]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97832; File No. SR-OCC-2023-003]

Self-Regulatory Organizations; Options Clearing Corporation;
Order Instituting Proceedings To Determine Whether To Approve or
Disapprove a Proposed Rule Change, as Modified by Partial Amendment No.
1, Concerning Clearing Member Cybersecurity Obligations

July 3, 2023.

I. Introduction

    On March 21, 2023, the Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2023-003 pursuant to Section 19(b) of the
Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
\2\ thereunder to amend certain provisions in OCC's Rules relating to
each Clearing Member's obligation to address a ''Security Incident''
(i.e., the occurrence of a cyber-related disruption or intrusion) of
that Clearing Member.\3\ The proposed rule change was published for
public comment in the Federal Register on April 5, 2023.\4\ The
Commission has received comments regarding the proposed rule change.\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Notice of Filing infra note 4, at 88 FR at 20195.
    \4\ Securities Exchange Act Release No. 97225 (Mar. 30, 2023),
88 FR 20195 (Apr. 5, 2023) (File No. SR-OCC-2023-003) (``Notice of
Filing'').
    \5\ Comments on the proposed rule change are available at
https://www.sec.gov/comments/sr-occ-2023-003/srocc2023003.htm.
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    On May 18, 2023, pursuant to Section 19(b)(2) of the Exchange
Act,\6\ the Commission designated a longer period within which to
approve, disapprove, or institute proceedings to determine whether to
approve or disapprove the proposed rule change.\7\ On May 24, 2023, OCC
filed Partial Amendment No. 1 to the proposed rule change.\8\ This
order institutes proceedings, pursuant to Section 19(b)(2)(B) of the
Exchange Act,\9\ to determine whether to approve or disapprove the
proposed rule change, as modified by Partial Amendment No. 1
(hereinafter defined as ``Proposed Rule Change'').
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
    \7\ Securities Exchange Act Release No. 97525 (May 18, 2023), 88
FR 33655 (May 24, 2023) (File No. SR-OCC-2023-003).
    \8\ Securities Exchange Act Release No. 97602 (May 26, 2023), 88
FR 36351 (Jun. 2, 2023) (File No. SR-OCC-2023-003) (``Partial
Amendment No. 1'').
    \9\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Summary of the Proposed Rule Change

    Currently, the only OCC Rule governing a Clearing Member's
cybersecurity obligations to OCC is Rule 219, titled ``Cybersecurity
Confirmation.'' It requires Clearing Members and applicants for
clearing membership to submit to OCC a form called the ``Cybersecurity
Confirmation'' at least every two years or as part of its application
materials, respectively. Through the form, Clearing Members and
applicants confirm that they maintain a comprehensive cybersecurity
program that meets certain criteria (e.g., it is approved by senior
management, reviewed and updated periodically, protects the segment of
the Clearing Member's or applicant's system that interacts with OCC,
establishes a process for the Clearing Member to remediate cyber
issues, etc.). However, current Rule 219 does not require Clearing
Members to notify OCC if they experience a cybersecurity incident that
could impact OCC or otherwise address OCC's processes, or the Clearing
Member's obligations with respect to OCC, in the event a Clearing
Member experiences a cybersecurity incident.
    The substantive changes in the proposed rule change would be the
addition of two new subsections--(d) and (e)--titled ``Occurrence of a
Security Incident'' and ``Procedures for Connecting Following a
Security Incident,'' respectively. New subsection (d) would require a
Clearing Member that experiences a Security Incident (as defined in the
Rule) to immediately notify OCC of the Security Incident. It would also
specify that OCC may take actions it deems reasonably necessary to
mitigate any effects on its operations following a Security Incident.
New subsection (e) would require a Clearing Member wishing to reconnect
its systems to OCC's systems to provide OCC with a new form, titled
``Reconnection Attestation,'' that describes the Security Incident and
attests to certain security requirements, as well as an associated
checklist, titled ``Reconnection Checklist,'' that describes the
affected Clearing Member's remediation efforts and other key
information.
    OCC submitted Partial Amendment No. 1 in response to comments
received on the scope of the proposed definition of Security Incident
and potential conflicts with other existing and proposed Commission
rules.\10\ OCC also submitted Partial Amendment No. 1 in response to
comments about (i) the requirement that Clearing Members provide
immediate notice of a Security Incident to OCC, (ii) the standards OCC
would apply when determining whether to disconnect a Clearing Member
from OCC, and (iii) the process for reconnection following a Security
Incident that results in disconnection.\11\
---------------------------------------------------------------------------

    \10\ See Partial Amendment No. 1, supra note 8.
    \11\ Id.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Exchange Act \12\ to determine whether the Proposed
Rule Change should be approved or disapproved. Institution of
proceedings is appropriate at this time in view of the legal and policy
issues raised by the Proposed Rule Change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, the Commission seeks and
encourages interested persons to comment on the Proposed Rule Change,
providing the Commission with arguments to support the Commission's
analysis as to whether to approve or disapprove the Proposed Rule
Change.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Exchange Act,\13\ the
Commission is providing notice of the grounds for disapproval under
consideration. The Commission is instituting proceedings to allow for
additional analysis of, and input from commenters with respect to, the
Proposed Rule Change's consistency with Section 17A of the Exchange
Act,\14\ and the rules thereunder, including the following provisions:
---------------------------------------------------------------------------

    \13\ Id.
    \14\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

     Section 17A(b)(3)(F) of the Exchange Act,\15\ which
requires, among other things, that the rules of a clearing agency are
designed to promote the prompt and accurate clearance and settlement of
securities transactions and derivative agreements, contracts, and
transactions; and to assure the safeguarding of securities and funds
which are in the custody or control of the clearing agency or for which
it is responsible; and
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1(b)(3)(F).

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

     Rule 17Ad-22(e)(17)(i) of the Exchange Act,\16\ which
requires that a covered clearing agency establish, implement, maintain
and enforce written policies and procedures reasonably designed to
manage the covered clearing agency's operational risks by identifying
the plausible sources of operational risk, both internal and external,
and mitigating their impact through the use of appropriate systems,
policies, procedures, and controls.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the Proposed Rule Change. In particular, the Commission invites
the written views of interested persons concerning whether the Proposed
Rule Change is consistent with Section 17A(b)(3)(F) \17\ and Rule 17Ad-
22(e)(17)(i) \18\ of the Exchange Act, or any other provision of the
Exchange Act, or the rules and regulations thereunder. Although there
do not appear to be any issues relevant to approval or disapproval that
would be facilitated by an oral presentation of views, data, and
arguments, the Commission will consider, pursuant to Rule 19b-4(g)
under the Exchange Act,\19\ any request for an opportunity to make an
oral presentation.\20\
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    \17\ 15 U.S.C. 78q-1(b)(3)(F).
    \18\ 17 CFR 240.17Ad-22(e)(17)(i).
    \19\ 17 CFR 240.19b-4(g).
    \20\ Section 19(b)(2) of the Exchange Act grants to the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the Proposed Rule Change should be approved
or disapproved by July 25, 2023. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
August 8, 2023.
    The Commission asks that commenters address the sufficiency of
OCC's statements in support of the Proposed Rule Change, which are set
forth in the Notice of Filing \21\ and the Partial Amendment No. 1,\22\
in addition to any other comments they may wish to submit about the
Proposed Rule Change.
---------------------------------------------------------------------------

    \21\ See Notice of Filing, supra note 4.
    \22\ See Partial Amendment No. 1, supra note 8.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form
    (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-OCC-2023-003 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-OCC-2023-003. 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 (https://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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of OCC and on OCC's
website at https://www.theocc.com/Company-Information/Documents-and-Archives/By-Laws-and-Rules.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
    All submissions should refer to File Number SR-OCC-2023-003 and
should be submitted on or before July 25, 2023. Rebuttal comments
should be submitted by August 8, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-14441 Filed 7-7-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7777-7779]
[FR Doc No: 2022-02870]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Chapter VII

[Docket No.<PHONE_NUMBER>]
RIN 0694-XC086

Request for Public Comments on the Section 232 Exclusions Process

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Request for public comments.

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

SUMMARY: The Bureau of Industry and Security (BIS) is hereby seeking
public comments regarding the Section 232 exclusions process. A
presidential proclamation (Adjusting Imports of Steel into the United
States), published on January 3, 2022, directed the Secretary of
Commerce to seek public comment on the Section 232 exclusions process,
including the responsiveness of the exclusions process to market

demand and enhanced consultation with U.S. firms and labor
organizations.

DATES: The due date for filing comments is March 28, 2022.

ADDRESSES: Submissions: All written comments on this request must be
filed through the Federal eRulemaking Portal: https://www.regulations.gov. To submit comments via https://www.regulations.gov, enter the docket number BIS-2021-0042 on the home
page and click ``Search.'' The site will provide a search results page
listing all documents associated with this docket. Find a reference to
this document and click the button entitled ``Comment.'' (For further
information on using https://www.regulations.gov, please consult the
resources provided on the website by clicking on ``FAQ'').

FOR FURTHER INFORMATION CONTACT: Erika Maynard by telephone at 202-482-
5642 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Presidential Proclamations 10327 (87 FR 1) and 10328 (87 FR 11)
published on January 3, 2022, implemented an understanding reached
between the United States and the European Union including the
establishment of tariff rate quotas for steel and aluminum articles
imported from the European Union member countries. Proclamation 10328
also directed the Secretary of Commerce to seek public comment on the
Section 232 exclusions process, including the responsiveness of the
exclusions process to market demand and enhanced consultation with U.S.
firms and labor organizations.
    Since March 19, 2018, Commerce has published five interim final
rules that established and made various revisions to the Section 232
exclusions process, as well as a Notice of Inquiry seeking public
comment on certain aspects of the Section 232 exclusions process.
    On March 19, 2018, Commerce issued an interim final rule,
Requirements for Submissions Requesting Exclusions from the Remedies
Instituted in Presidential Proclamations Adjusting Imports of Steel
into the United States and Adjusting Imports of Aluminum into the
United States; and the filing of Objections to Submitted Exclusion
Requests for Steel and Aluminum (83 FR 12106), laying out procedures
for the Section 232 exclusions process.
    On September 11, 2018, Commerce issued a second interim final rule,
Submissions of Exclusion Requests and Objections to Submitted Requests
for Steel and Aluminum (83 FR 46026), which revised the two supplements
added by the March 19 rule with revisions designed to further ensure a
transparent, fair, and efficient exclusions process.
    On June 10, 2019, Commerce issued a third interim final rule,
Implementation of New Commerce Section 232 Exclusions Portal (84 FR
26751), that revised the two supplements added by the March 19 and
September 11 rules to grant the public the ability to submit new
exclusion requests through the Section 232 Exclusions Portal while
still allowing the opportunity for public comment on the portal.
    On May 26, 2020, Commerce issued a notice of inquiry with request
for comment, Notice of Inquiry Regarding the Exclusions process for
Section 232 Steel and Aluminum Import Tariffs and Quotas (85 FR 31441),
that sought public comment on the appropriateness of the information
requested and considered in applying the exclusion criteria and the
efficiency and transparency of the process employed.
    On December 14, 2020, Commerce issued a fourth interim final rule,
Implementation of New Commerce Section 232 Exclusions Portal (85 FR
81060), which established General Approved Exclusions (GAEs) to reduce
the number of exclusion requests for products consistently found not to
be produced in the United States, reducing the submission burden on
both industry and the Section 232 exclusions process. The December 14,
2020, Interim Final Rule identified 123 GAEs that had never received an
objection via the Section 232 exclusions process. GAEs are available to
all requestors for steel and aluminum products imported under 10-Digit
Harmonized Tariff Schedule of the United States classifications without
quantity limit or expiration date.
    On December 9, 2021, BIS subsequently suspended 30 GAEs in its
fifth Interim Final Rule (86 FR 70003) on the Section 232 Exclusions
process because some exclusion requests subsequently received
objections under the associated HTSUS Classifications.

Exclusions Process

    As of January 30, 2022, BIS has processed over 382,000 exclusion
requests and has rejected or made determinations on more than 369,000
requests. Approximately seventy percent of exclusion requests do not
receive objections. The most recent average processing time for
exclusion requests that do not receive objections is 43 days. The most
recent average processing time for exclusion requests that receive
objections is 98 days. Less than ten percent of the volume of steel
(about eight percent) and aluminum (about seven percent) articles
granted exclusions is utilized with the articles being imported into
the United States.
    BIS seeks public comment on the Section 232 exclusions process. In
particular, as directed in Proclamation 10327, BIS seeks public comment
on the responsiveness of the exclusions process to market demand and
enhanced consultation with U.S. firms and labor organizations.
    BIS also welcomes comment on more specific aspects of the Section
232 exclusions process, including: Potential changes to the associated
forms and required information; the request, objection, rebuttal, and
surrebuttal process; the standards of review; General Approved
Exclusions; and the overall transparency of the process. Specific
topics include:
    (1) How to reduce the volume of submission errors and rejected
filings in the Section 232 Exclusions Portal;
    (2) how to address the time for processing of exclusion requests,
including but not limited to reducing length or type of attachments;
    (3) requiring public summaries of any confidential business
information in exclusion requests and objections, similar to the
existing requirement for rebuttal and surrebuttals;
    (4) requiring public disclosure of delivery times on the Exclusion
Request and Objection Forms;
    (5) requiring recent (i.e., from the last quarter or 90 days)
evidence supporting claims made in a Request or Objection;
    (6) streamlining the online forms or otherwise reducing
administrative burden; and
    (7) assessing the General Approved Exclusions' (GAEs) criteria and
identification of specific products.
    Commenters are encouraged to identify which of these particular
issues their comments are related to. Commenters are requested to
provide information supporting their stance on that issue.

Requirements for Written Comments

    The https://www.regulations.gov website allows users to provide
comments by filling in a ``Type Comment'' field or by attaching a
document using an ``Upload File'' field. BIS prefers that comments be
provided in an attached document. BIS prefers submissions in Microsoft
Word (.doc) or Adobe Acrobat (.pdf). If the submission is in an
application format other than Microsoft Word or Adobe Acrobat, please
indicate the name of the application in the ``Type Comment'' field.
Please do not attach separate cover letters to electronic submissions;
rather, include any information that might

appear in a cover letter within the comments. Similarly, to the extent
possible please include any exhibits, annexes, or other attachments in
the same file, so that the submission consists of one instead of
multiple files. Comments will be placed in the docket and open to
public inspection, except information determined to be confidential.
Comments may be viewed on https://www.regulations.gov by entering
docket number BIS-2021-0042 in the search field on the home page.
    All filers should name their files using the name of the person or
entity submitting the comments. Communications from agencies of the
United States Government will not be made available for public
inspection.
    Material submitted by members of the public that is properly marked
as business confidential information with a valid statutory basis for
confidentiality and which is accepted as such by BIS will not be
disclosed publicly. Guidance on submitting business confidential
information is as follows: Anyone submitting business confidential
information should clearly identify the business confidential portion
at the time of submission, include a statement justifying nondisclosure
and referring to the specific legal authority claimed with the
submission, and provide a non-confidential version of the submission
which will be placed in the public file on https://www.regulations.gov.
For comments submitted electronically containing business confidential
information, the file name of the business confidential version should
begin with the characters ``BC''. Any page containing business
confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The file name of the non-
confidential version should begin with the character ``P''. The non-
confidential version must be clearly marked ``PUBLIC'' on the top of
the first page. The ``BC'' and ``P'' should be followed by the name of
the person or entity submitting the comments or rebuttal comments.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-02870 Filed 2-9-22; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87825-87827]
[FR Doc No: 2023-27809]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99164; File No. SR-NYSEARCA-2023-84]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Make Changes to
Certain Representations Relating to the Hashdex Bitcoin Futures Fund

December 13, 2023.
    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 December 1, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to make changes to certain representations
made in the proposed rule change previously filed with the Securities
and Exchange Commission (the ``Commission'' or ``SEC'') pursuant to
Rule 19b-4 relating to the Hashdex Bitcoin Futures Fund,

shares of which are currently listed and traded on the Exchange under
NYSE Arca Rule 8.200-E. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Commission has approved the listing and trading on the Exchange
of shares (``Shares'') of the Hashdex Bitcoin Futures Fund (the
``Target ETF''),\4\ under NYSE Arca Rule 8.200-E, Commentary .02, which
governs the listing and trading of Trust Issued Receipts.\5\ Shares of
the Target ETF are currently listed and traded on the Exchange under
NYSE Arca Rule 8.200-E, Commentary .02. According to the Releases, the
Target ETF is a series of Teucrium Commodity Trust (the ``Teucrium
Trust''), a Delaware statutory trust. The Exchange represented in the
Releases that the Target ETF is managed and controlled by Teucrium
Trading, LLC (``Sponsor'') and that the Sponsor is registered as a
commodity pool operator (``CPO'') and a commodity trading adviser
(``CTA'') with the Commodity Futures Trading Commission (``CFTC'') and
is a member of the National Futures Association (``NFA'').
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    \4\ See Securities Exchange Act Release Nos. 94620 (April 6,
2022), 87 FR 21676 (April 12, 2022)) (SR-NYSEARCA-2021-53) (Order
Granting Approval of a Proposed Rule Change, as Modified by
Amendment No. 2, To List and Trade Shares of the Teucrium Bitcoin
Futures Fund Under NYSE Arca Rule 8.200-E, Commentary .02 (Trust
Issued Receipts) (``Approval Order''); and 92573 (August 5, 2021),
86 FR 44062 (August 11, 2021) (Notice of Filing of a Proposed Rule
Change To List and Trade Shares of Teucrium Bitcoin Futures Fund
Under NYSE Arca Rule 8.200-E) (``Notice''). (The Approval Order and
the Notice are referred to collectively herein as the ``Releases'').
The Fund was renamed as the Hashdex Bitcoin Futures Fund after
approval of the proposed rule change but prior to its initial
listing and trading on the Exchange.
    \5\ Commentary .02 to NYSE Arca Rule 8.200-E applies to Trust
Issued Receipts that invest in ``Financial Instruments.'' The term
``Financial Instruments,'' as defined in Commentary .02(b)(4) to
NYSE Arca Rule 8.200-E, means any combination of investments,
including cash; securities; options on securities and indices;
futures contracts; options on futures contracts; forward contracts;
equity caps, collars, and floors; and swap agreements.
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    The Tidal Commodities Trust I (``Tidal Trust'') has filed a
combined prospectus and information statement (the ``Information
Statement'') with the Commission describing an Agreement and Plan of
Partnership Merger and Liquidation (``Plan of Merger'') between the
Teucrium Trust and the Tidal Trust pursuant to which the assets of the
Target ETF will be reorganized into the Hashdex Bitcoin Futures ETF
(the ``Acquiring ETF''), a series of the Tidal Trust.\6\ According to
the Information Statement, the Target ETF has the same investment
objective and investment strategies and substantially identical
investment risks as the Acquiring ETF. Upon the closing of the
reorganization contemplated by the Plan of Merger (``Reorganization''),
the Target ETF will transfer all of its assets and liabilities to the
Acquiring ETF. Simultaneously, the Acquiring ETF will distribute its
shares (the ``Merger Shares'') to the shareholders of the Target ETF.
The Merger Shares will have a net asset value (``NAV'') per share equal
to the NAV per share of the Target ETF determined immediately before
the closing of the Reorganization resulting in a distribution of one
share of Merger Shares for each outstanding share of the Target ETF.
Closing of the Reorganization will result in the termination of all
outstanding Target ETF shares and the liquidation of the Target ETF.
Shareholders of the Target ETF will thus effectively be converted into
shareholders of the Acquiring ETF and will hold shares of the Acquiring
ETF with the same NAV as shares of the Target ETF that they held prior
to the Reorganization. According to the Information Statement,
following the Reorganization, the Shares will be issued by the Tidal
Trust and the sponsor of the Acquiring ETF will be Toroso Investments
LLC (``New Sponsor'').
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    \6\ On July 21, 2023, the Tidal Commodities Trust I submitted to
the Commission its registration statement on Form S-1 under the
Securities Act of 1933 (the ``Registration Statement''). The
Registration Statement is not yet effective.
---------------------------------------------------------------------------

    The purpose of this proposed rule change is to change certain
representations made in the proposed rule change previously filed with
the Commission pursuant to Rule 19b-4 relating to the Target ETF, as
described above, which changes would be implemented as a result of the
Reorganization. Following the Reorganization, the Acquiring ETF will
continue to comply with all initial and continued listing requirements
under NYSE Arca Rule 8.200-E, Commentary .02. In addition, the
Acquiring ETF's portfolio meets and will continue to meet the
representations regarding the Target ETF's investments as described in
the Releases.\7\ Except for the changes noted above, all other
representations made in the Releases remain unchanged.
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    \7\ According to the Notice, the investment objective of the
Target ETF is to have the daily changes in the NAV of the Target
ETF's Shares reflect the daily changes in the price of a specified
benchmark (the ``Benchmark''). The Benchmark is the average of the
closing settlement prices for the first to expire and second to
expire BTC Contracts listed on the Chicago Mercantile Exchange, Inc.
The first to expire and second to expire BTC Contracts and MBT
Contracts are referred to as the Bitcoin Futures Contracts.
According to the Notice, under normal market conditions, the Target
ETF will invest in Bitcoin Futures Contracts and in cash and cash
equivalents.
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under section 6(b)(5) \8\ that an exchange have rules that
are 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, in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, and is designed
to promote just and equitable principles of trade and to protect
investors and the public interest.
    Tidal Trust has filed the Information Statement describing the
Reorganization pursuant to which the assets of the Target ETF will be
reorganized into the Acquiring ETF. This filing proposes to reflect
organizational and administrative changes that would be implemented as
a result of the Reorganization, including changes to the trust entity
issuing shares of the Target ETF and the sponsor to the Target ETF.
According to the Information Statement, the investment objective of the
Acquiring ETF will be the same as that of the Target ETF following the
Reorganization. The Exchange believes these changes will not adversely
impact investors or Exchange trading. In addition, the Acquiring ETF's
portfolio meets and will continue to meet the representations regarding
the Target

ETF's investments as described in the Releases. Except for the changes
noted above, all other representations made in the Releases remain
unchanged. As stated above and in the Releases, shares of the Acquiring
ETF shall also conform to the initial and continued listing criteria
under Rule 8.200-E.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange believes the
proposed rule change will not impose a burden on competition and will
benefit investors and the marketplace by permitting continued listing
and trading of Shares of the Acquiring ETF following implementation of
the changes described above, which changes would not impact the
investment objective of the Acquiring ETF.

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 \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ In addition, Rule 19b-4(f)(6) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change at least five business days prior to
the date of filing of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange has satisfied this
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
the proposed changes reflect organizational and administrative changes
that would be implemented as a result of the Reorganization. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposal does not raise any new or novel issues.
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposal operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 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.

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSEARCA-2023-84 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-NYSEARCA-2023-84. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSEARCA-2023-84 and should
be submitted on or before January 9, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27809 Filed 12-18-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Notices]
[Page 27581-27582]
[DOCID:fr13my08-92]

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SECURITIES AND EXCHANGE COMMISSION

[Extension: Rule 18f-1 and Form N-18F-1, SEC File No. 270-187, OMB
Control No. 3235-0211]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l-3520), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Rule 18f-1 (17 CFR 270.18f-1) enables a registered open-end
management investment company (``fund'') that may redeem its securities
in-kind, by making a one-time election, to commit to make cash
redemptions pursuant to certain requirements without violating section
18(f) of the Investment Company Act of 1940 (15 U.S.C. 80a-18(f)). A
fund relying on the rule must file Form N-18F-1 (17 CFR 274.51) to
notify the Commission of this election. The Commission staff estimates
that approximately 39 funds file Form N-18F-1 annually, and that each
response takes approximately one hour. Based on these estimates, the
total annual burden hours associated with the rule is estimated to be
39 hours.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules. The collection of information required by rule 18f-1
is necessary to obtain the benefits of the rule. Responses to the
collection of information will not be kept confidential. An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid control
number.
    Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Management and Budget, Room 10102, New Executive
Office Building, Washington, DC 20503 or e-mail to: Alexander--T.--
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief Information
Officer, Securities and Exchange Commission, C/O Shirley Martinson,
6432 General Green Way, Alexandria, VA 22312; or send an e-mail to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days
of this notice.

    Dated: May 5, 2008.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-10575 Filed 5-12-08; 8:45 am]

BILLING CODE 8010-01-P