[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76500-76502]
[FR Doc No: 2010-30830]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63412; File No. SR-Phlx-2010-164]

Self-Regulatory Organizations; NASDAQ OMX PHLX, LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Routing Fees

December 2, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 24, 2010, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange [sic] to amend its fees governing pricing for Exchange
members using the Phlx XL II system,\3\ for routing certain equity and
index option Customer orders to away markets for execution.
---------------------------------------------------------------------------

    \3\ For a complete description of Phlx XL II, see Securities
Exchange Act Release No. 59995 (May 28, 2009), 74 FR 26750 (June 3,
2009) (SR-Phlx-2009-32). The instant proposed fees will apply only
to option orders entered into, and routed by, the Phlx XL II system.
---------------------------------------------------------------------------

    While fee changes pursuant to this proposal are effective upon
filing, the Exchange has designated these changes to be operative for
trades settling on or after December 1, 2010.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, at the Commission's Public
Reference Room, and on the Commission's Web site at http://www.sec.gov.

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 purpose of the proposed rule change is to recoup costs that the
Exchange incurs for routing and executing certain Customer orders in
equity and index options to away markets.
    In May 2009, the Exchange adopted Rule 1080(m)(iii)(A) to establish
Nasdaq Options Services LLC (``NOS''), a member of the Exchange, as the
Exchange's exclusive order router.\4\ NOS is currently utilized by the
Phlx XL II system solely to route orders in options listed and open for
trading on the Phlx XL II system to destination markets.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
---------------------------------------------------------------------------

    Currently, the Exchange's Fee Schedule includes Routing Fees for
both Customer and Professional orders. The Exchange proposes to
establish a Routing Fee of $0.24 per contract in Customer option orders
that are routed to the Chicago Board Options Exchange, Incorporated
(``CBOE''). This would apply to orders greater than 99 contracts

in options on the Russell 2000[supreg] Index (the ``Full Value Russell
Index'' or ``RUT''), options on the one-tenth value Russell
2000[supreg] Index \5\ (the ``Reduced Value Russell Index'' or
``RMN''), options on the Nasdaq 100 Index \6\ traded under the symbol
NDX (``NDX'') and options on the one-tenth value of the Nasdaq 100
Index traded under the symbol MNX (``MNX'') as well as exchange-traded
funds (``ETFs''), exchange-traded notes (``ETNs'') and Holding Company
Depositary Receipts (``HOLDRs''). The Exchange is proposing to caption
these proposed fees ``CBOE orders greater than 99 contracts in RUT,
RMN, NDX, MNX, ETFs, ETNs and HOLDRs.'' The CBOE routing fee of $0.26
per contract for Professional orders, which is assessed today, would
apply to CBOE orders greater than 99 contracts in RUT, RMN, NDX, MNX,
ETFs, ETNs and HOLDRs as well.
---------------------------------------------------------------------------

    \5\ Russell 2000[supreg] is a trademark and service mark of the
Frank Russell Company, used under license. Neither Frank Russell
Company's publication of the Russell Indexes nor its licensing of
its trademarks for use in connection with securities or other
financial products derived from a Russell Index in any way suggests
or implies a representation or opinion by Frank Russell Company as
to the attractiveness of investment in any securities or other
financial products based upon or derived from any Russell Index.
Frank Russell Company is not the issuer of any such securities or
other financial products and makes no express or implied warranties
of merchantability or fitness for any particular purpose with
respect to any Russell Index or any data included or reflected
therein, nor as to results to be obtained by any person or any
entity from the use of the Russell Index or any data included or
reflected therein.
    \6\ NASDAQ[supreg], NASDAQ-100[supreg] and NASDAQ-100
Index[supreg] are registered trademarks of The NASDAQ OMX Group,
Inc. (which with its affiliates are the ``Corporations'') and are
licensed for use by NASDAQ OMX PHLX, Inc. [sic] in connection with
the trading of options products based on the NASDAQ-100
Index[supreg]. The options products have not been passed on by the
Corporations as to their legality or suitability. The options
products are not issued, endorsed, sold, or promoted by the
Corporations. The Corporations make no warranties and bear no
liability with respect to the options products.
---------------------------------------------------------------------------

    The Exchange believes that the routing fees proposed will enable
the Exchange to recover the transaction fees assessed by away markets,
where applicable, plus clearing fees for the execution of Customer
orders routed from the Phlx XL II system. Specifically, the Exchange
seeks to recoup transaction and clearing fees assessed by CBOE in the
above listed categories for orders greater than 99 contracts.\7\
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    \7\ See Securities Exchange Act Release No. 62902 (September 14,
2010), 75 FR 57313 (September 20, 2010) (SR-CBOE-2010-081) (a rule
change to assess a transaction fee of $.18 per contract on public
customer orders in options on Standard & Poor's Depositary Receipts,
except for orders of 99 contracts or less).
---------------------------------------------------------------------------

    As with all fees, the Exchange may adjust these Routing Fees in
response to competitive conditions by filing a new proposed rule
change. While fee changes pursuant to this proposal are effective upon
filing, the Exchange has designated these changes to be operative for
trades settling on or after December 1, 2010.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \8\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \9\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members. The Exchange believes that these fees are
reasonable because they seek to recoup costs that are incurred by the
Exchange when routing Customer orders to CBOE for orders greater than
99 contracts in the following symbols RUT, RMN, NDX and MNX as well as
ETFs, ETNs and HOLDRs, on behalf of its members. The Exchange also
believes that the proposed fees will be uniformly applied to all
Customers orders.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and paragraph (f)(2) of Rule 19b-4 \11\
thereunder. At any time within 60 days of the filing of such proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-164 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-164. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2010-164 and should be
submitted on or before December 29, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-30830 Filed 12-7-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Notices]
[Pages 2733-2734]
[FR Doc No: 2011-716]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63679; File No. SR-Phlx-2010-187]

Self-Regulatory Organizations; NASDAQ OMX PHLX, LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Routing Fees

January 7, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 29, 2010, NASDAQ OMX PHLX, Inc. [sic] (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its fees governing pricing for
Exchange members using the Phlx XL II system,\3\ for routing
standardized equity and index option Customer and Professional orders
to away markets for execution.
---------------------------------------------------------------------------

    \3\ For a complete description of Phlx XL II, see Securities
Exchange Act Release No. 59995 (May 28, 2009), 74 FR 26750 (June 3,
2009) (SR-Phlx-2009-32). The instant proposed fees will apply only
to option orders entered into, and routed by, the Phlx XL II system.
---------------------------------------------------------------------------

    While fee changes pursuant to this proposal are effective upon
filing, the Exchange has designated these changes to be operative on
January 3, 2011.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, at the Commission's Public
Reference Room, and on the Commission's Web site at http://www.sec.gov.

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 purpose of the proposed rule change is to recoup costs that the
Exchange incurs for routing and executing Customer and Professional
orders in equity and index options to the International Securities
Exchange LLC (``ISE'') in Select Symbols \4\ for orders of 100 or more
contracts. ISE recently amended its fees and the amendments proposed
herein reflect the proposed ISE amendments.\5\
---------------------------------------------------------------------------

    \4\ Select Symbols refer to the symbols which are subject to
ISE's Rebates and Fees for Adding and Removing Liquidity in Select
Symbols in ISE's Schedule of Fees.
    \5\ See SR-ISE-2010-120.
---------------------------------------------------------------------------

    In May 2009, the Exchange adopted Rule 1080(m)(iii)(A) to establish
Nasdaq Options Services LLC (``NOS''), a member of the Exchange, as the
Exchange's exclusive order router.\6\ NOS is utilized by the Phlx XL II
system solely to route orders in options listed and open for trading on
the Phlx XL II system to destination markets.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
---------------------------------------------------------------------------

    Currently, the Exchange assesses a Routing Fee of $0.26 per
contract for Customer orders and $0.31 per contract for Professional
orders. The Exchange proposes to amend its Routing Fees for orders
routed to ISE in Select Symbols by assessing $0.18 per contract for
Customer orders and $0.34 per contract for Professional Orders.
    The Exchange also proposes to remove a footnote reference to the
ISE Select Symbols which states ``[t]his fee applies to orders of 100
or more contracts.'' This proposal reflects recent amendments to ISE's
fees, which eliminate the fee differential between priority customers
with 100 or more contracts and priority customers with less than 100
contracts.\7\ All other orders that are routed to ISE, which are not in
the Select Symbols, would be assessed the rates labeled ``ISE''.
---------------------------------------------------------------------------

    \7\ See SR-ISE-2010-120. See also E-mail from Angela S. Dunn,
Assistant General Counsel, Phlx, to Johnna B. Dumler, Special
Counsel, Commission, dated January 5, 2011.
---------------------------------------------------------------------------

    The Exchange is proposing these fees to recoup the majority of
transaction and clearing costs associated with routing Customer and
Professional orders to ISE in Select Symbols. These proposed fees will
enable the Exchange to recover the transaction fees assessed by ISE,
where applicable, plus clearing fees for the execution of Customer and
Professional orders routed from the Phlx XL II system. As with all
fees, the Exchange may adjust these Routing Fees in response to
competitive conditions by filing a new proposed rule change.
    While fee changes pursuant to this proposal are effective upon
filing, the Exchange has designated these changes to be operative on
January 3, 2011.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \8\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \9\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members. The Exchange believes that these fees are
reasonable because the Exchange is seeking to recoup costs that it
incurs when routing orders to ISE in Select Symbols on

behalf of its members. The Exchange believes that the proposed fee
amendments are equitable because these amendments mirror recent
proposed amendments to ISE's Schedule of Fees and are being uniformly
applied to the Exchange's members.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and paragraph (f)(2) of Rule 19b-4 \11\
thereunder. At any time within 60 days of the filing of such proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-187 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-187. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2010-187 and should be
submitted on or before February 4, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-716 Filed 1-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Page 14580]
[FR Doc No: 2018-06754]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0839; Airspace Docket No. 14-AEA-7]

Amendment of Class E Airspace; Selinsgrove, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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

SUMMARY: This action corrects a final rule published in the Federal
Register on March 5, 2018, amending Class E airspace at Penn Valley
Airport, Selinsgrove, PA, by correcting the geographic coordinates of
the airport. This is an administrative change to coincide with the
FAA's aeronautical database.

DATES: Effective 0901 UTC, May 24, 2018. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (83 FR 9181,
March 5, 2018) for Docket No. FAA-2014-0839 amending Class E airspace
area extending upward from 700 feet or more above the surface at Penn
Valley Airport, Selinsgrove, PA. Subsequent to publication, the FAA
identified a clerical error in the legal description of the airport.
This action corrects the geographic coordinates from '(Lat.
40[deg]49'16'' N., long. 76[deg]51'551'' W.)'; to '(Lat. 40[deg]49'16''
N., long. 76[deg]51'51'' W.)'.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of March 5, 2018 (83 FR 9181) FR Doc. FAA-2014-0839,
Amendment of Class E Airspace for Penn Valley Airport, Selinsgrove, PA,
is corrected as follows:

Sec.  71.1   [Amended]

AEA PA E5 Selinsgrove, PA [Corrected]

    On page 9182, column 3, line 27, remove
'(Lat. 40[deg]49'16'' N., long. 76[deg]51'551'' W.)', and in its place,
'(Lat. 40[deg]49'16'' N., long. 76[deg]51'51'' W.)',

    Issued in College Park, Georgia, on March 27, 2018.
Ryan W. Almasy
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-06754 Filed 4-4-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73837-73839]
[FR Doc No: 2023-23769]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC23-124-000.

    Applicants: Hoosier Wind Project, LLC, Indianapolis Power & Light
Company.
    Description: Supplement to August 23, 2023, Joint Application for
Authorization Under Section 203 of the Federal Power Act of Hoosier
Wind Project, LLC, et al.
    Filed Date: 10/20/23.
    Accession Number: 20231020-5163.
    Comment Date: 5 p.m. ET 10/30/23.

    Docket Numbers: EC24-9-000.
    Applicants: SunE Beacon Site 2 LLC, SunE Beacon Site 5 LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of SunE Beacon Site 2 LLC, et al.
    Filed Date: 10/17/23.
    Accession Number: 20231017-5178.
    Comment Date: 5 p.m. ET 11/7/23.

    Docket Numbers: EC24-10-000.
    Applicants: Energy Center Carnegie LLC, Peoples Natural Gas Company
LLC, LDC Funding LLC, Three Rivers District Energy, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Energy Center Carnegie LLC, et al.
    Filed Date: 10/17/23.
    Accession Number: 20231017-5180.
    Comment Date: 5 p.m. ET 11/7/23.

    Docket Numbers: EC24-11-000.
    Applicants: Skysol, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Skysol, LLC.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5104.
    Comment Date: 5 p.m. ET 11/13/23.

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

    Docket Numbers: EG24-17-000.
    Applicants: Beaumont ESS, LLC.
    Description: Beaumont ESS, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5137.
    Comment Date: 5 p.m. ET 11/13/23.

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

    Docket Numbers: ER20-2452-006; ER20-2453-007; ER20-844-004.
    Applicants: Hamilton Projects Acquiror, LLC, Hamilton Patriot LLC,
Hamilton Liberty LLC.
    Description: Notice of Non-Material Change in Hamilton Liberty LLC.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5114.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER21-2460-006.
    Applicants: New York Independent System Operator, Inc.
    Description: First informational report of the New York Independent
System Operator, Inc. in compliance with the April 20, 2023 Order.
    Filed Date: 10/20/23.
    Accession Number: 20231020-5186.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER22-1549-005.
    Applicants: Sun Streams PVS, LLC.
    Description: Notice of Non-Material Change in Status of Sun Streams
PVS, LLC.
    Filed Date: 10/18/23.
    Accession Number: 20231018-5178.
    Comment Date: 5 p.m. ET 11/8/23.

    Docket Numbers: ER23-1000-003.
    Applicants: ISO New England Inc., The Narragansett Electric
Company.
    Description: Tariff Amendment: ISO New England Inc. submits tariff
filing per 35.17(b): The Narragansett Electric Company ; TSA-NECO-83,
Docket No. ER23-1000 to be effective 1/1/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5118.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER23-1003-003.
    Applicants: ISO New England Inc., The Narragansett Electric
Company.
    Description: Compliance filing: ISO New England Inc. submits tariff
filing per 35: The Narragansett Electric Company; TSA-NECO-86, Docket
No. ER23-1003 to be effective 1/1/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5124.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER23-2507-001.
    Applicants: Central Hudson Gas & Electric Corporation, New York
Independent System Operator, Inc.
    Description: Tariff Amendment: Central Hudson Gas & Electric
Corporation submits tariff filing per 35.17(b): Central Hudson
Deficiency Response re: Rate Schedule 19 Formula Rate Filing to be
effective 9/27/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5050.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-173-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 6733; Queue No. AF1-286 to be effective 11/25/2023.
    Filed Date: 10/20/23.
    Accession Number: 20231020-5156.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-174-000.
    Applicants: NorthWestern Corporation, Portland General Electric
Company.
    Description: Sec.  205(d) Rate Filing: NorthWestern Corporation
submits tariff filing per 35.13(a)(2)(iii: PGE-NWMT Pseudo-Tie
Agreement for Clearwater to be effective 10/31/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5000.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-175-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Informational Filing of 2024 Formula Rate Annual
Update under Appendix XII of San Diego Gas & Electric Company.
    Filed Date: 10/20/23.
    Accession Number: 20231020-5175.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-176-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Informational Filing of 2024 Formula Rate Annual
Update under Appendix X of San Diego Gas & Electric Company.
    Filed Date: 10/20/23.
    Accession Number: 20231020-5176.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-177-000.
    Applicants: PacifiCorp.
    Description: Tariff Amendment: Termination of DG&T Const Agmt
Bonanza Solar Resource Model (RS 773) to be effective 12/23/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5055.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-178-000.
    Applicants: American Electric Power Service Corporation, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Electric Power
Service Corporation submits tariff filing per 35.13(a)(2)(iii: AEP
submits one Facilities Agreements re: ILDSA, SA No. 1336 to be
effective 1/1/2024.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5064.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-179-000.
    Applicants: Prattsburgh Wind, LLC.
    Description: Application of Prattsburgh Wind, LLC for Limited
Waiver of NYISO OATT Sections <IP_ADDRESS>.2 and 30.11.1.
    Filed Date: 10/20/23.
    Accession Number: 20231020-5187.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-180-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: NYSEG-DCEC Attachment C
Annual Update to be effective 1/1/2024.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5074.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-181-000.
    Applicants: Frankland Road Solar, LLC.

    Description: Baseline eTariff Filing: Application for Market Based
Rate to be effective 12/22/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5076.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-182-000.
    Applicants: Pennsylvania Electric Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: Pennsylvania Electric
Company submits tariff filing per 35.13(a)(2)(iii: Penelec Amends 10
ECSAs (5428 5924 5926 6147 6340 6401 6404 6406 6419 6420) to be
effective 12/31/9998.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5106.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-183-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 6000; Queue No. AD2-116 to be effective 12/22/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5140.
    Comment Date: 5 p.m. ET 11/13/23.

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

    Docket Numbers: ES24-9-000.
    Applicants: Keystone Appalachian Transmission Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Keystone Appalachian
Transmission Company.
    Filed Date: 10/19/23.
    Accession Number: 20231019-5192.
    Comment Date: 5 p.m. ET 11/9/23.

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

    Docket Numbers: PH24-1-000.
    Applicants: Lotus Infrastructure, LLC.
    Description: Lotus Infrastructure, LLC submits FERC 65-B Notice of
Change in Facts to Waiver Notification.
    Filed Date: 10/18/23.
    Accession Number: 20231018-5177.
    Comment Date: 5 p.m. ET 11/8/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 23, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-23769 Filed 10-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76376-76377]
[FR Doc No: 2016-26472]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4285-DR; Docket ID FEMA-2016-0001]

North Carolina; Amendment No. 7 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-4285-DR), dated October 10, 2016,
and related determinations.

DATES: Effective Date: October 19, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Carolina is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 10, 2016.

    Onslow County for Individual Assistance (already designated for
assistance for debris removal and emergency protective measures
[Categories A and B], including direct federal assistance, under the
Public Assistance program).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034,

Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance Grant; 97.048, Disaster Housing Assistance to Individuals
and Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-26472 Filed 11-1-16; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5641-5642]
[FR Doc No: 2017-01005]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0115; Notice 1]

BMW Group of America, LLC, Incorporated, Receipt of Petition for
Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: BMW of North America, LLC (BMW), has determined that certain
model year (MY) 2016-2017 BMW, Mini, and Rolls-Royce vehicles do not
fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No.
209, Seat Belt Assemblies. BMW filed a report dated October 13, 2016.
BMW also petitioned NHTSA on November 4, 2016, for a decision that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety.

DATES: The closing date for comments on the petition is February 17,
2017.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:

I. Overview

    BMW of North America, LLC (BMW), has determined that certain model
year (MY) 2016-2017 BMW, Mini, and Rolls-Royce vehicles do not fully
comply with paragraph 4.3(j)(2)(ii) of Federal Motor Vehicle Safety
Standard (FMVSS) No. 209, Seat Belt Assemblies. BMW filed a report
dated October 13, 2016, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. BMW also petitioned NHTSA on
November 4, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49
CFR part 556, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety.
    This notice of receipt of BMW's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 15,630 of the following MY 2016-2017 BMW, Mini, and
Rolls-Royce vehicles manufactured

between June 29, 2016 and October 10, 2016 are potentially involved:

 2017 BMW X1 SAV (X1 sDrive28i, X1 xDrive28i)
 2017 BMW 5 Series Gran Turismo (535i Gran Turismo, 535i xDrive
Gran Turismo, 550i xDrive Gran Turismo)
 2016 BMW 5 Series (528i, 528i xDrive, 535i, 535i xDrive, 550i,
550i xDrive, M5)
 2016 BMW 5 Series (535d, 535d xDrive)
 2016 Mini Cooper Clubman and Mini Cooper S Clubman
 Mini Hardtop 4-door Cooper and Mini Hardtop 4-door Cooper S
 2017 Rolls-Royce Ghost

III. Noncompliance

    BMW explains that the noncompliance involves the Emergency Locking
Retractor (ELR) in the safety belt assembly of the vehicle's front left
seat. These ELRs are equipped with a vehicle-sensitive locking
mechanism and a webbing-sensitive locking mechanism. The noncompliance
specifically involves the vehicle-sensitive locking mechanism, which
does not lock as designed when subjected to the requirements of
paragraph S4.3(j)(2)(ii) of FMVSS No. 209.

IV. Rule Text

    Paragraph S4.3 of FMVSS No. 209 states in pertinent part:

    S4.3 Requirements for hardware . . .
    (j) Emergency-locking retractor . . .
    (2) For seat belt assemblies manufactured on or after February
22, 2007 and for manufacturers opting for early compliance. An
emergency-locking retractor of a Type 1 or Type 2 seat belt
assembly, when tested in accordance with the procedures specified in
paragraph S5.2(j)(2) . . .
    (ii) Shall lock before the webbing payout exceeds the maximum
limit of 25 mm when the retractor is subjected to an acceleration of
0.7 g under the applicable test conditions of S5.2(j)(2)(iii)(A) or
(B). The retractor is determined to be locked when the webbing belt
load tension is at least 35 N.

V. Summary of BMW's Petition

    BMW described the subject noncompliance and stated its belief that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
    In support of its petition, BMW submitted the following reasoning:
    (a) The vehicle-sensitive locking mechanism functions, but the non-
compliance involves a slight exceedance of the FMVSS No. 209 Section
S4.3(j)(2)(ii) requirement.
    (b) The slight exceedance is such that, based upon testing of non-
compliant units, the vehicle-sensitive locking mechanism locks at
approximately 1.0g within 25mm, or at 0.7 g within 90mm.
    (c) The tilt-lock function of the ELR is compliant, and locks at
angles greater than 15-deg up to 41-deg when subjected to the FMVSS No.
209 Section S4.3(j)(2) rollover requirements.
    (d) The ELR also contains a voluntary webbing-sensitive locking
mechanism which provides crash and rollover restraint performance
comparable to the performance provided by an FMVSS No. 209 compliant
vehicle-sensitive locking mechanism.
    (e) Crash test results comparing FMVSS No. 209 S4.3(j)(2)(ii)
compliant ELRs and ELRs in which the vehicle-sensitive locking
mechanism has been disabled (to demonstrate a ``worst-case scenario'',
even though in affected vehicles the vehicle-sensitive mechanism
remains functional) demonstrate comparable results according to FMVSS
No. 208 assessments.
    Test results indicate that any performance differences are with
normal ``data scatter'' and are attributed to test tolerances.
    (f) Affected safety belt assemblies comply with all other
applicable provisions of FMVSS No. 209.
    (g) NHTSA previously granted a petition from General Motors in
which the ELR's vehicle-sensitive locking mechanism was completely non-
functional, whereas the ELR's vehicle-sensitive locking mechanism in
the affected BMW vehicles is functional, but may experience a slight
exceedance of the FMVSS no. 209 S4.3(j)(2)(ii) requirement.
    (h) BMW has not received any customer complaints related to this
issue.
    (i) BMW is not aware of any accidents or injuries related to this
issue.
    (j) Vehicle production has been corrected.
    BMW concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    To view BMW's petition, test data and analyses in its entirety you
can visit https://www.regulations.gov by following the online
instructions for accessing the dockets and by using the docket ID
number for this petition shown in the heading of this notice.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that BMW no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after BMW
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-01005 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-59-P