82 FR 35864 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Implementation Date in Rule 723(b)
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 146 (August 1, 2017)
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35864-35867 | |
| FR Document | 2017-16108 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Notices] [Pages 35864-35867] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16108] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81212; File No. SR-ISE-2017-75] Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Implementation Date in Rule 723(b) July 26, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on July 18, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the implementation date set forth in Rule 723(b) from July 15, 2017 to August 15, 2017 for the systems- based requirement to provide price improvement through the Price Improvement Mechanism for Agency Orders under 50 contracts where the difference between the NBBO is $0.01.\3\ --------------------------------------------------------------------------- \3\ The Commission notes that this proposed rule change is effective and operative as of July 18, 2017, the date of its filing. See text accompanying infra note 17 (granting waiver of the 30-day operative delay). --------------------------------------------------------------------------- The text of the proposed rule change is available on the Exchange's Web site at www.ise.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 Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to extend the implementation date set forth in Rule 723(b) from July 15, 2017 to August 15, 2017 for the systems-based requirement to provide price improvement through the Price Improvement Mechanism (``PIM'') for Agency Orders under 50 contracts where the difference between the NBBO is $0.01. Rule 723 sets forth the requirements for the PIM, which was adopted in 2004 as a price-improvement mechanism on the Exchange.\4\ Certain aspects of PIM were adopted on a pilot basis (``Pilot''); specifically, the termination of the exposure period by unrelated orders, and no minimum size requirement of orders eligible for PIM. The Pilot expired on January 18, 2017. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 50819 (December 8, 2004), 69 FR 75093 (December 15, 2004) (SR-ISE-2003-06). --------------------------------------------------------------------------- On December 12, 2016, the Exchange filed with the Commission a proposed rule change to make the Pilot permanent, and also to change the requirements for providing price improvement for Agency Orders of less than 50 option contracts (other than auctions involving Complex Orders) where the National Best Bid and Offer (``NBBO'') is only $0.01 wide.\5\ The [[Page 35865]] Commission approved this proposal on January 18, 2017.\6\ --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 79530 (December 12, 2016), 81 FR 91221 (December 16, 2017) (SR-ISE-2016-29). The Exchange notes that, on April 3, 2017, International Securities Exchange, LLC was re-named Nasdaq ISE, LLC to reflect its new placement within the Nasdaq, Inc. corporate structure in connection with the March 9, 2016 acquisition by Nasdaq of the capital stock of U.S. Exchange Holdings, and the indirect acquisition all of the interests of the International Securities Exchange, LLC, ISE Gemini, LLC and ISE Mercury, LLC. See Securities Exchange Act Release No. 80325 (March 29, 2017), 82 FR 16445 (April 4, 2017) (SR-ISE-2017- 25). ISE Gemini, LLC and ISE Mercury, LLC were also renamed Nasdaq GEMX, LLC and Nasdaq MRX, LLC, respectively. See Securities Exchange Act Release No. 80248 (March 15, 2017), 82 FR 14547 (March 21, 2017) (SR-ISEGemini-2017-13); Securities Exchange Act Release No. 80326 (March 29, 2017), 82 FR 16460 (April 4, 2017) (SR-ISEMercury-2017- 05). \6\ See Securities Exchange Act Release No. 79829 (January 18, 2017), 82 FR 8469 (January 25, 2017) (SR-ISE-2016-29). --------------------------------------------------------------------------- In modifying the requirements for price improvement for Agency Orders of less than 50 contracts, ISE proposed to amend Rule 723(b) to require Electronic Access Members to provide at least $0.01 price improvement for an Agency Order if that order is for less than 50 contracts and if the difference between the NBBO is $0.01. ISE adopted a member conduct standard to implement this requirement during the time pursuant to which ISE symbols were migrating from the ISE platform to the Nasdaq INET platform. At the time it proposed the member conduct standard, ISE anticipated that the migration to the Nasdaq platform would be complete on or before July 15, 2017. Accordingly, Rule 723(b) stated that, for the period beginning January 19, 2017 until a date specified by the Exchange in a Regulatory Information Circular, which date shall be no later than July 15, 2017, if the Agency Order is for less than 50 option contracts, and if the difference between the NBBO is $0.01, an Electronic Access Member shall not enter a Crossing Transaction unless such Crossing Transaction is entered at a price that is one minimum price improvement increment better than the NBBO on the opposite side of the market from the Agency Order, and better than any limit order on the limit order book on the same side of the market as the Agency Order. This requirement will apply regardless of whether the Agency Order is for the account of a public customer, or where the Agency Order is for the account of a broker dealer or any other person or entity that is not a Public Customer. To enforce this requirement, ISE also amended Rule 1614 (Imposition of Fines for Minor Rule Violations). Specifically, ISE added Rule 1614(d)(4), which provides that any Member who enters an order into PIM for less than 50 contracts, while the National Best Bid or Offer spread is $0.01, must provide price improvement of at least one minimum price improvement increment better than the NBBO on the opposite side of the market from the Agency Order, which increment may not be smaller than $0.01. Failure to provide such price improvement will result in members being subject to the following fines: $500 for the second offense, $1,000 for the third offense, and $2,500 for the fourth offense. Subsequent offenses will subject the member to formal disciplinary action. The Exchange will review violations on a monthly cycle to assess these violations. This provision is in effect for the period beginning January 19, 2017 until a date specified by the Exchange in a Regulatory Information Circular, which date shall be no later than until September 15, 2017.\7\ --------------------------------------------------------------------------- \7\ While ISE anticipated that the migration of ISE symbols to the Nasdaq INET platform would be complete by July 15, 2017, and its member conduct standard could be eliminated accordingly by that time, ISE Mercury, LLC (now Nasdaq MRX, LLC) also filed a rule change that adopted a similar member conduct standard for its price improvement rule, and that referenced proposed ISE Rule 1614(d)(4) as the means for enforcing its member conduct standard. See Securities Exchange Act Release No. 79841 (January 18, 2017), 82 FR 8452 (January 25, 2017) (order approving SR-ISEMercury-2016-25). The Nasdaq MRX re-platforming is scheduled to occur after the ISE re- platforming is complete. Accordingly, ISE proposed that the date for eliminating Rule 1614(d)(4) shall be specified by the Exchange in a Regulatory Information Circular, which date shall be no later than until September 15, 2017. Given that the Nasdaq MRX re-platforming is scheduled to occur after the ISE re-platforming is complete, and that the Nasdaq MRX member conduct references the Exchange's Rule 1614(d)(4), the date for eliminating Rule 1614(d)(4) remains unchanged by this proposal. --------------------------------------------------------------------------- In adopting a member conduct standard, the Exchange represented that it would conduct electronic surveillance of PIM to ensure that members comply with the proposed price improvement requirements for option orders of less than 50 contracts. Specifically, using an electronic surveillance system that produces alerts of potentially unlawful PIM orders, the Exchange will perform a frequent review of member firm activity to identify instances of apparent violations. Upon discovery of an apparent violation, the Exchange will attempt to contact the appropriate member firm to communicate the specifics of the apparent violation with the intent to assist the member firm in preventing submission of subsequent problematic orders. The Exchange will review the alerts monthly and determine the applicability of the MRVP and appropriate penalty. The Exchange is not limited to the application of the MRVP, and may at its discretion, choose to escalate a matter for processing through the Exchange's disciplinary program.\8\ --------------------------------------------------------------------------- \8\ See Securities Exchange Act Release No. 79530 (December 12, 2016), 81 FR 91221 (December 16, 2017) (SR-ISE-2016-29). --------------------------------------------------------------------------- In adopting the price improvement requirement for Agency Orders of less than 50 contracts, the Exchange also proposed to amend Rule 723(b) to adopt a systems-based mechanism to implement this requirement, which shall be effective following the migration of a symbol to the Nasdaq INET platform. Under this provision, if the Agency Order is for less than 50 option contracts, and if the difference between the National Best Bid and National Best Offer (``NBBO'') is $0.01, the Crossing Transaction must be entered at one minimum price improvement increment better than the NBBO on the opposite side of the market from the Agency Order and better than the limit order or quote on the ISE order book on the same side of the Agency Order. Subsequent to the approval of the rule change adopting the price improvement requirement and the member conduct standard, the Exchange determined that the migration of symbols to the Nasdaq INET platform would be complete on or before July 31, 2017.\9\ This new migration schedule was developed to enable the Exchange to conduct additional systems testing prior to symbol migration. Given the updated migration schedule, the Exchange proposes to extend the effective period of the member conduct standard accordingly. The Exchange therefore proposes that the member conduct standard will be in effect until a date specific by the Exchange in a Regulatory Circular, which shall be no later than August 15, 2017.\10\ --------------------------------------------------------------------------- \9\ See Data Technical News #2017-14 (May 25, 2017). \10\ While the Exchange anticipates that the re-platforming will be complete by July 31, 2017, it proposes to extend the implementation date of the systems-based requirement to August 15, 2017 in the unlikely event of a roll-back of one or multiple symbols to the current ISE platform. --------------------------------------------------------------------------- The Exchange notes that the migration of ISE symbols commenced on June 12, 2017, and that symbols that have already migrated to the Nasdaq INET platform are already subject to the systems-based mechanism. As such, this extension will affect only those symbols that have not yet migrated to the Nasdaq INET platform. Once all symbols have migrated to the Nasdaq INET platform and the member conduct rule is no longer necessary, the Exchange will file a proposed rule change deleting the relevant portion of Rule 723(b). [[Page 35866]] 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\11\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\12\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78f(b). \12\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The member conduct standard and its proposed duration were approved by the Commission and were adopted to reflect the migration of ISE symbols to the Nasdaq INET platform and its accompanying timetable. The symbol migration, which was initially anticipated to be complete by July 15, 2017, is now scheduled to be complete by July 31, 2017 to enable additional systems testing. The Exchange is therefore extending the duration of the member conduct standard accordingly, to August 15, 2017. As noted above, symbols that have already migrated to the Nasdaq INET platform are subject to the systems-based requirement. For the symbols that remain subject to the member conduct standard, the Exchange continues to surveil members, as described above, to ensure compliance with the requirements of the Rule. The substantive requirements of the price improvement requirement are the same under the member-conduct standard and the systems-based functionality; the only difference between the member-conduct standard and the systems- based functionality is the manner in which the price improvement requirement is implemented. 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 not necessary or appropriate in furtherance of the purposes of the Act. The proposed extension of the member conduct standard reflects the revised timetable for migrating symbols to the Nasdaq INET platform. In extending the duration of the member conduct standard to August 15, 2017, the proposed change will apply equally to all members that trade in symbols that have not yet migrated to the Nasdaq INET platform. Moreover, the substantive requirements of the price improvement requirement are the same under the member-conduct standard and the systems-based functionality; the only difference between the member-conduct standard and the systems- based functionality is the manner in which the price improvement requirement is implemented. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\ --------------------------------------------------------------------------- \13\ 15 U.S.C. 78s(b)(3)(A). \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent 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 the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act \15\ normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposed rule change may become operative upon filing. The Exchange believes that waiving the operative delay as of the date of filing will facilitate an orderly continued migration of symbols to the Nasdaq INET system and the corresponding implementation of the systems-based requirement for ensuring price improvement for Agency Orders of less than 50 contracts where the difference between the NBBO is $0.01. The Commission believes the waiver of the operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission hereby waives the operative delay and designates the proposed rule change operative upon filing.\17\ --------------------------------------------------------------------------- \15\ 17 CFR 240.19b-4(f)(6). \16\ 17 CFR 240.19b-4(f)(6)(iii). \17\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse 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-ISE-2017-75 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE-2017-75. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments [[Page 35867]] received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2017-75, and should be submitted on or before August 22, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\18\ --------------------------------------------------------------------------- \18\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-16108 Filed 7-31-17; 8:45 am] BILLING CODE 8011-01-P
![35864 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices
For the Commission, by the Division of disapprove the proposed rule change.5 The text of the proposed rule change
Trading and Markets, pursuant to delegated The Commission did not receive any is available on the Exchange’s Web site
authority.16 comments on the proposed rule change. at www.ise.com, at the principal office
Eduardo A. Aleman, On June 21, 2017, FICC filed a of the Exchange, and at the
Assistant Secretary. withdrawal of its proposed rule change Commission’s Public Reference Room.
[FR Doc. 2017–16210 Filed 7–31–17; 8:45 am] (SR–FICC–2017–010) from
II. Self-Regulatory Organization’s
consideration by the Commission. The
BILLING CODE 8011–01–P Statement of the Purpose of, and
Commission is hereby publishing notice
Statutory Basis for, the Proposed Rule
of the withdrawal.
Change
SECURITIES AND EXCHANGE For the Commission, by the Division of
Trading and Markets, pursuant to delegated In its filing with the Commission, the
COMMISSION Exchange included statements
authority.6
Eduardo A. Aleman, concerning the purpose of and basis for
[Release No. 34–81211; File No. SR–FICC– the proposed rule change and discussed
2017–010] Assistant Secretary.
any comments it received on the
[FR Doc. 2017–16107 Filed 7–31–17; 8:45 am]
proposed rule change. The text of these
Self-Regulatory Organizations; Fixed BILLING CODE 8011–01–P
statements may be examined at the
Income Clearing Corporation; Notice of places specified in Item IV below. The
Withdrawal of a Proposed Rule Change Exchange has prepared summaries, set
To Amend the Mortgage-Backed SECURITIES AND EXCHANGE
forth in sections A, B, and C below, of
Securities Division Rules Concerning COMMISSION
the most significant aspects of such
Use of Clearing Fund for Losses, statements.
Liabilities or Temporary Needs for [Release No. 34–81212; File No. SR–ISE–
Funds Incident to the Clearance and 2017–75] A. Self-Regulatory Organization’s
Settlement Business and Make Other Statement of the Purpose of, and
Self-Regulatory Organizations; Nasdaq Statutory Basis for, the Proposed Rule
Related Changes
ISE, LLC; Notice of Filing and Change
July 26, 2017. Immediate Effectiveness of Proposed
Rule Change To Extend the 1. Purpose
On April 11, 2017, Fixed Income Implementation Date in Rule 723(b) The Exchange is proposing to extend
Clearing Corporation (‘‘FICC’’) filed
the implementation date set forth in
with the Securities and Exchange July 26, 2017.
Rule 723(b) from July 15, 2017 to
Commission (‘‘Commission’’) the Pursuant to Section 19(b)(1) of the August 15, 2017 for the systems-based
proposed rule change SR–FICC–2017– Securities Exchange Act of 1934 (the requirement to provide price
010 pursuant to Section 19(b)(1) of the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 improvement through the Price
Securities Exchange Act of 1934 notice is hereby given that on July 18, Improvement Mechanism (‘‘PIM’’) for
(‘‘Act’’) 1 and Rule 19b–4 thereunder.2 2017, Nasdaq ISE, LLC (‘‘ISE’’ or Agency Orders under 50 contracts
According to FICC, FICC proposed to ‘‘Exchange’’) filed with the Securities where the difference between the NBBO
amend FICC’s Mortgage-Backed and Exchange Commission (‘‘SEC’’ or is $0.01.
Securities Division (‘‘MBSD’’) Clearing ‘‘Commission’’) the proposed rule Rule 723 sets forth the requirements
Rule 4, Section 5 to (i) delete language change as described in Items I and II for the PIM, which was adopted in 2004
that would potentially limit FICC’s below, which Items have been prepared as a price-improvement mechanism on
access to MBSD clearing fund cash and by the Exchange. The Commission is the Exchange.4 Certain aspects of PIM
collateral to address losses, liabilities, or publishing this notice to solicit were adopted on a pilot basis (‘‘Pilot’’);
temporary needs for funds incident to comments on the proposed rule change specifically, the termination of the
its clearance and settlement business from interested persons. exposure period by unrelated orders,
and (ii) make additional changes to I. Self-Regulatory Organization’s and no minimum size requirement of
correct grammar errors, delete Statement of the Terms of Substance of orders eligible for PIM. The Pilot
superfluous words and otherwise align the Proposed Rule Change expired on January 18, 2017.
the text of MBSD Rule 4, Section 5 to On December 12, 2016, the Exchange
the text of FICC’s Government Securities The Exchange proposes to extend the
filed with the Commission a proposed
Division (‘‘GSD’’) Rulebook Rule 4, implementation date set forth in Rule
rule change to make the Pilot
Section 5. The proposed rule change 723(b) from July 15, 2017 to August 15,
permanent, and also to change the
was published for comment in the 2017 for the systems-based requirement
requirements for providing price
Federal Register on April 28, 2017.3 On to provide price improvement through
improvement for Agency Orders of less
June 7, 2017, pursuant to Section the Price Improvement Mechanism for
than 50 option contracts (other than
19(b)(2)(A)(ii)(I) of the Act,4 the Agency Orders under 50 contracts
auctions involving Complex Orders)
Commission designated a longer period where the difference between the NBBO
where the National Best Bid and Offer
within which to approve the proposed is $0.01.3
(‘‘NBBO’’) is only $0.01 wide.5 The
rule change, disapprove the proposed
rule change, or institute proceedings to 5 Securities Exchange Act Release No. 80879
4 See Securities Exchange Act Release No. 50819
determine whether to approve or (June 7, 2017), 82 FR 27090 (June 13, 2017) (SR– (December 8, 2004), 69 FR 75093 (December 15,
mstockstill on DSK30JT082PROD with NOTICES
FICC–2017–010). 2004) (SR–ISE–2003–06).
6 17 CFR 200.30–3(a)(12).
5 See Securities Exchange Act Release No. 79530
16 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1).
1 15
(December 12, 2016), 81 FR 91221 (December 16,
U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4.
2017) (SR–ISE–2016–29). The Exchange notes that,
2 17 CFR 240.19b–4. 3 The Commission notes that this proposed rule on April 3, 2017, International Securities Exchange,
3 Securities Exchange Act Release No. 80517
change is effective and operative as of July 18, 2017, LLC was re-named Nasdaq ISE, LLC to reflect its
(April 24, 2017), 82 FR 19771 (April 28, 2017) (SR– the date of its filing. See text accompanying infra new placement within the Nasdaq, Inc. corporate
FICC–2017–010) (‘‘Notice’’). note 17 (granting waiver of the 30-day operative structure in connection with the March 9, 2016
4 15 U.S.C. 78s(b)(2)(A)(ii)(I). delay). acquisition by Nasdaq of the capital stock of U.S.
VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1](https://thefederalregister.org/doc/82_FR_36010/page/1.svg)
![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices 35867
received will be posted without change; Primary Counties: Alfalfa, Beckham, than 150 days for filing such claim, then
the Commission does not edit personal Cherokee, Coal, Cotton, Delaware, that shorter time period still applies.
identifying information from Johnston, Le Flore, Murray, FOR FURTHER INFORMATION CONTACT: For
submissions. You should submit only Muskogee, Okfuskee, Okmulgee, Caltrans: Aaron Burton, Senior
information that you wish to make Pittsburg, Pontotoc, Roger Mills, Environmental Planner, Environmental
available publicly. All submissions Washita Special Projects, California Department
should refer to File Number SR–ISE– The Interest Rates are: of Transportation District 8, 464 West
2017–75, and should be submitted on or Fourth Street, 6th floor, MS 760, San
before August 22, 2017. Percent
Bernardino, CA 92401 during regular
For the Commission, by the Division of For Physical Damage: office hours from 8:00 a.m. to 5:00 p.m.,
Trading and Markets, pursuant to delegated Non-Profit Organizations with Telephone number: (909) 383–2841,
authority.18 Credit Available Elsewhere ... 2.500 email: aaron.burton@dot.ca.gov.
Eduardo A. Aleman, Non-Profit Organizations with- SUPPLEMENTARY INFORMATION: Effective
Assistant Secretary. out Credit Available Else-
where ..................................... 2.500
July 1, 2007, the Federal Highway
[FR Doc. 2017–16108 Filed 7–31–17; 8:45 am] Administration (FHWA) assigned, and
For Economic Injury:
BILLING CODE 8011–01–P
Non-Profit Organizations with- the California Department of
out Credit Available Else- Transportation (Caltrans) assumed,
where ..................................... 2.500 environmental responsibilities for this
SMALL BUSINESS ADMINISTRATION project pursuant to 23 U.S.C. 327.
[Disaster Declaration #15218 and #15219; The number assigned to this disaster Notice is hereby given that the Caltrans,
Oklahoma Disaster #OK–00116] for physical damage is 15218B and for and FHWA have taken final agency
economic injury is 15219B. actions subject to 23 U.S.C. 139(l)(1) by
Presidential Declaration of a Major (Catalog of Federal Domestic Assistance issuing licenses, permits, and approvals
Disaster for Public Assistance Only for Number 59008) for the following highway project in the
the State of Oklahoma State of California: I–10 Corridor
James E. Rivera, Project. The I–10 Corridor Project
AGENCY: U.S. Small Business proposes to construct one to two
Administration. Associate Administrator for Disaster
Assistance. Express Lanes in each direction and
ACTION: Notice. associated improvements along a 33-
[FR Doc. 2017–16130 Filed 7–31–17; 8:45 am]
SUMMARY: This is a Notice of the BILLING CODE 8025–01–P
mile segment of the I–10 freeway from
Presidential declaration of a major the Los Angeles and San Bernardino
disaster for Public Assistance Only for county line (post mile 44.9/48.3) to Ford
the State of Oklahoma (FEMA–4324– Street in Redlands (post mile 0.0/R37.0).
DR), dated 07/25/2017. DEPARTMENT OF TRANSPORTATION The project is intended to reduce
Incident: Severe Storms, Tornadoes, traffic congestion, increase throughput,
Straight-Line Winds, and Flooding. Federal Highway Administration enhance trip reliability and
Incident Period: 05/16/2017 through accommodate long-term congestion
Notice of Final Federal Agency Actions management of the I–10 corridor. The
05/20/2017.
on Proposed Highway in California project will be constructed in two
DATES: Issued on 07/25/2017.
Physical Loan Application Deadline AGENCY: Federal Highway contracts utilizing the design-build
Date: 09/25/2017. Administration (FHWA), DOT. process. The actions by the Federal
Economic Injury (Eidl) Loan ACTION: Notice of Limitation on Claims
agencies, and the laws under which
Application Deadline Date: 04/25/2018. for Judicial Review of Actions by the such actions were taken, are described
ADDRESSES: Submit completed loan California Department of Transportation in the Final Environmental Impact
applications to: U.S. Small Business (Caltrans), pursuant to 23 U.S.C. 327. Statement (FEIS) for the project,
Administration, Processing and approved on May 15, 2017, in the
Disbursement Center, 14925 Kingsport SUMMARY: The FHWA, on behalf of FHWA Record of Decision (ROD) issued
Road, Fort Worth, TX 76155. Caltrans, is issuing this notice to on July 6, 2017 and in other documents
FOR FURTHER INFORMATION CONTACT: A. announce actions taken by Caltrans. The in the Caltrans’ project records. The
Escobar, Office of Disaster Assistance, actions relate to a proposed highway FEIS, ROD, and other project records are
U.S. Small Business Administration, project, Interstate 10 (I–10) from the Los available by contacting Caltrans at the
409 3rd Street SW., Suite 6050, Angeles and San Bernardino county line address provided above. The Caltrans
Washington, DC 20416, (202) 205–6734. to Ford Street in Redlands in the FEIS and ROD can be viewed and
Counties of Los Angeles and San downloaded from the project Web site at
SUPPLEMENTARY INFORMATION: Notice is
Bernardino, State of California. Those http://gosbcta.com/plans-projects/
hereby given that as a result of the
actions grant licenses, permits, and projects-freeway-I-10Corridor.html.
President’s major disaster declaration on
07/25/2017, Private Non-Profit approvals for the project. This notice applies to all Federal
organizations that provide essential DATES: By this notice, the FHWA, on agency decisions as of the issuance date
services of governmental nature may file behalf of Caltrans, is advising the public of this notice and all laws under which
disaster loan applications at the address of final agency actions subject to 23 such actions were taken, including but
mstockstill on DSK30JT082PROD with NOTICES
listed above or other locally announced U.S.C. 139(l)(1). A claim seeking not limited to:
locations. judicial review of the Federal agency 1. National Environmental Policy Act
The following areas have been actions on the highway project will be (NEPA) [42 U.S.C. 4321–4351]; Federal-
determined to be adversely affected by barred unless the claim is filed on or Aid Highway Act [23 U.S.C. 109 and 23
the disaster: before December 29, 2017. If the Federal U.S.C. 128].
law that authorizes judicial review of a 2. Clean Air Act [42 U.S.C. 7401–
18 17 CFR 200.30–3(a)(12). claim provides a time period of less 7671(q)].
VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\01AUN1.SGM 01AUN1](https://thefederalregister.org/doc/82_FR_36010/page/4.svg)
Document Created: 2018-10-24 11:44:48
Document Modified: 2018-10-24 11:44:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 35864 |
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