[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Notices]
[Page 35939]
[FR Doc No: 2011-15206]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending May 21, 2011

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.).
    The due date for Answers, Conforming Applications, or Motions to
Modify Scope are set forth below for each application. Following the
Answer period DOT may process the application by expedited procedures.
Such procedures may consist of the adoption of a show-cause order, a
tentative order, or in appropriate cases a final order without further
proceedings.
    Docket Number: DOT-OST-2002-11966.
    Date Filed: May 19, 2011.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: June 9, 2011.
    Description:
    Application of Triair (Bermuda) Limited (``Triair'') requesting an
exemption and an amended foreign air carrier permit authorizing Triair
to engage in: (i) Foreign charter air transportation of persons,
property, and mail from any point or points behind any Member State of
the European Union, via any point or points in any EU Member State and
via intermediate points, to any point or points in the United States
and beyond; (ii) foreign charter air transportation of persons,
property, and mail between any point or points in the United States and
any point or points in any member of the European Common Aviation Area;
(iii) foreign charter air transportation of cargo between any point or
points in the United States and any other point or points; (iv) other
charters pursuant to the prior approval requirements set forth in the
Department's regulations governing charters; and (v) charter
transportation authorized by any additional route rights made available
to European Union carriers in the future, to the extent permitted by
the Applicant's homeland license on file with the Department.

Renee V. Wright,
 Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2011-15206 Filed 6-17-11; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Rules and Regulations]
[Pages 35948-35951]
[FR Doc No: 2014-14652]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0073]
RIN 1625-AA08

Special Local Regulation; Annual Swim Around Key West, Atlantic
Ocean and Gulf of Mexico; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean and the Gulf of Mexico surrounding the
island of Key West, Florida during the Annual Swim around Key West on
June 28, 2014. The event entails a large number of participants who
will begin at Smather's Beach and swim one full circle clockwise around
the island of Key West, Florida. The special local regulation is
necessary to provide for the safety of the spectators, participants,
participating support vessels and kayaks, and other vessels and users
of the waterway during the event. The special local regulation will
consist of a moving area that will temporarily restrict vessel traffic
in a portion of both the Atlantic Ocean and the Gulf of Mexico, and
will prevent non-participant vessels from entering, transiting through,
anchoring in, or remaining within the area unless authorized by the
Captain of the Port Key West or a designated representative.

DATES: This rule is effective and will be enforced from 7:30 a.m. until
3:30 p.m. on June 28, 2014.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Ian Bowes, Sector
Key West Prevention Department, U.S. Coast Guard; Telephone (305) 292-
8823, email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a NPRM on March 18, 2014. No comments
were received. No public meeting has been requested.
    The Administrative Procedure Act (APA) (5 U.S.C. 553(d)(3))
authorizes an agency to publish a rule less than 30 days before its
effective date when the agency for good cause finds that waiting 30
days would be ``impracticable, unnecessary, or contrary to the public
interest.'' The Coast Guard finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. As stated above, we published the NPRM on these special local
regulations on March 18, 2014 (78 FR 33221), and we received no
comments on the proposed rule. Delaying this regulation's effective
date for 30 days would be impracticable and would be contrary to the
public interest as immediate action is needed to ensure the safety of
the event participants, spectator craft, and other vessels transiting
the event area. A special local regulation is in the public interest in
making this a safe event. The Coast Guard will provide advance notice
of the special local regulation by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life and property on navigable waters of
the United States during the Annual Swim around Key West, FL.

C. Discussion of the Final Rule

    The special local regulation encompasses certain waters of the
Atlantic Ocean and Gulf of Mexico. The special local regulation will be
enforced on Saturday, June 28, 2014 from 7:30 a.m. until 3:30 p.m. The
special local regulation consists of a moving race area where all
persons and vessels, except those participating in the race nor serving
as safety vessels, are prohibited from entering, transiting through,
anchoring in, or remaining within these areas unless authorized by the
Captain of the Port Key West or a designated representative. The race
area will commence at Smather's Beach at 7:30 a.m., transit West to the
area offshore of Fort Zach State Park, North through Key West Harbor,
East through Fleming Cut, South on Cow Key Channel and West back to
origin. Safety vessels will precede the first participating swimmers
and follow the last participating swimmers. This event poses
significant risks to participants, spectators, and the boating public
because of the large number of swimmers and recreational vessels that
are expected in the area of the event. The special local regulation is
necessary to ensure the safety of participants, spectators, and vessels
from the hazards associated with the event.
    The special local regulation will be enforced from 7:30 a.m. to
3:30 p.m. on June 28, 2014. Persons and vessels who are neither
participating in the race or serving as safety vessels may not enter,
transit through, anchor in, or remain within the regulated area unless
authorized by the Captain of the Port Key West or a designated
representative.
    Persons and vessels desiring to enter, transit through, anchor in,
or remain within the regulated area may contact the Captain of the Port
Key West by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter transit through, anchor in, or remain within regulated area is
granted by the Captain of the Port Key West or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Key West
or the designated representative. The Coast Guard will provide notice
of the special local regulation by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The rule will be enforced for a total of only 8
hours; (2) Non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
enforcement period if authorized by the Captain of the Port Key West or
a designated representative; (3) vessels not able to enter, transit
through, anchor in, or remain within the regulated area without
authorization from the Captain of the Port Key West or a designated
representative may operate in the surrounding areas during the
enforcement period; and (4) advance notification of the event will be
made to the local maritime community via local notice to mariners,
marine safety information bulletins, and broadcast notice to mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small

entities: Owners or operators of vessels intending to enter, transit
through, anchor in, or remain within the regulated are during the
enforcement period. For the reasons discussed in Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities. If you think
that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this rule would have a significant
economic impact on it, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and how and to what degree this
rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0073 to read as follows:

Sec.  100.35T07-0073  Special Local Regulation; Annual Swim around Key
West, Atlantic Ocean and Gulf of Mexico; Key West, FL.

    (a) Regulated Area. The following regulated area is established as
a special local regulation. All waters within a moving zone, beginning
at Smather's Beach in Key West, FL. The regulated area will move, West
to the area offshore of Fort Zach State Park, North through Key West
Harbor, East through Fleming Cut, South on Cow Key Channel and West
back to origin. The center of the

regulated area will at all times remain approximately 50 yards offshore
of the island of Key West, Florida; extend 50 yards in front of the
lead safety vessel preceding the first race participants; extend 50
yards behind the safety vessel trailing the last race participants; and
at all times extend 100 yards on either side of the race participants
and safety vessels.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, State, and local officers designated by or assisting the
Captain of the Port Key West in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels, except authorized
race participants or safety vessels, are prohibited from entering,
transiting through, anchoring in, or remaining within the race area.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the race area, may contact the Captain of the Port Key
West by telephone at<PHONE_NUMBER>, or a designated representative via
VHF radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain with the race area, is
granted by the Captain of the Port Key West or a designated
representative.
    (2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement Date. This rule will be enforced from 7:30 a.m. to
3:30 p.m. June 28, 2014.

    Dated: June 2, 2014.
A.S. Young, Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2014-14652 Filed 6-24-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Page 89763]
[FR Doc No: 2023-28672]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 35081; File No. 812-15530]

Nuveen Enhanced Floating Rate Income Fund, et al.

AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of application for an order under sections 6(c) and 23(c)(3)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from rule 23c-3 under the Act.

Summary of Application: Applicants request an order under sections 6(c)
and 23(c)(3) of the Act for an exemption from certain provisions of
rule 23c-3 to permit certain registered closed-end investment companies
to make repurchase offers on a monthly basis.

Applicants: Nuveen Enhanced Floating Rate Income Fund, Nuveen Fund
Advisors, LLC, Nuveen Asset Management, LLC, and Nuveen Securities,
LLC.

Filing Date: The application was filed on December 6, 2023.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on January
16, 2024, and should be accompanied by proof of service on the
Applicants, in the form of an affidavit, or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants: Mark
L. Winget, [email protected], with a copy to Joel D. Corriero,
Esq., Stradley Ronon Stevens & Young, LLP, [email protected].

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special
Counsel, at<PHONE_NUMBER> (Division of Investment Management, Chief
Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' application,
dated December 6, 2023, which may be obtained via the Commission's
website by searching for the file number at the top of this document,
or for an Applicant using the Company name search field on the SEC's
EDGAR system. The SEC's EDGAR system may be searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also
call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.

    Dated: December 22, 2023.
Christina Z. Milnor,
Assistant Secretary.
[FR Doc. 2023-28672 Filed 12-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Notices]
[Page 27602-27604]
[DOCID:fr16my07-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55733; File No. SR-Amex-2007-34]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change, as Modified by Amendment No. 1 Thereto, Relating to
Amendments to Section 107 of the Company Guide

 May 10, 2007.
    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 April 5, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
On May 4, 2007, the Exchange filed Amendment No. 1 to the proposed rule
change. This order provides notice of the proposed rule change, as
modified by Amendment No. 1, and approves the proposed rule change, as
amended, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 amend: (1) Sections 107A(b) and 107D(a) of
the Amex Company Guide to provide an exception to the minimum public
distribution requirement of one million units for issuances traded in
thousand dollar denominations, and (2) Sections 107A(b), 107C(a) and
107D(a) of the Amex Company Guide to provide an exception to the 400
public shareholder requirement for securities that are redeemable at
the option of the holders thereof on at least a weekly basis. The text
of the proposed rule change is available at Amex, the Commission's
Public Reference Room, and http://www.amex.com.

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 III 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
    Pursuant to Section 107 of the Amex Company Guide, the Exchange may
approve for listing and trading securities which cannot be readily
categorized under the listing criteria for common and preferred
securities, bonds, debentures, or warrants (``Section 107
Securities'').\3\ The general listing criteria relating to issuers and
issuances are set forth in Section 107A of the Company Guide. In
connection with each potential listing of Section 107 Securities, the
Exchange evaluates each security and issuance against the following
criteria in Section 107A (and correspondingly in Sections 107B,
107C,\4\ 107D, and 107E): (1) A principal amount/aggregate market value
of $4 million or greater, and (2) a minimum public distribution
requirement of one million trading units with a minimum of 400 public
shareholders, except that, if traded in thousand dollar denominations,
then no minimum number of holders. In addition, the listing criteria
also requires that the issuer must have assets in excess of $100
million, stockholders' equity of at least $10 million, and pre-tax
income of at least $750,000 in the last fiscal year or in two of the
three prior fiscal years. In the case of an issuer who is unable to
satisfy the earnings criteria stated in Section 101 of the Company
Guide, the Exchange will require the issuer to have the following: (a)
Assets in excess of $200 million and stockholders' equity of

at least $10 million; or (b) assets in excess of $100 million and
stockholders' equity of at least $20 million.
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    \3\ See Securities Exchange Act Release No. 27753 (March 1,
1990), 55 FR 8626 (March 8, 1990) (SR-Amex-89-29) (approving the
listing guidelines under Section 107 for new securities not
otherwise covered under existing sections of the Company Guide).
    \4\ The minimum public distribution requirement for Index-Linked
Exchangeable Notes set forth in Section 107C of the Amex Company
Guide is 150,000 notes rather than one million trading units.
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Minimum Public Distribution

    The first part of the proposal codifies an exception to Sections
107A(b) and 107D(a) of the Amex Company Guide so that certain issuances
of Section 107 Securities may be listed even though the minimum public
distribution requirement of one million units is not met. This
exception, however, is conditioned on whether or not the issuance is
traded in thousand dollar denominations. Sections 107A (General
Criteria) and 107D (Index-Linked Securities) currently require a
minimum public distribution requirement of one million trading units
and a minimum of 400 public shareholders, except, if traded in thousand
dollar denominations, then no minimum number of holders. Amex notes
that, without the exception to the one million unit minimum public
distribution requirement, the Exchange would be unable to list certain
Section 107 Securities in thousand dollar denominations having a market
value of less than $1 billion. Amex believes the proposed exception to
be a reasonable accommodation for those issuances in thousand dollar
denominations. Accordingly, the proposal amends the rule text of
Section 107A(b) and 107D(a) so that the minimum public distribution and
minimum public shareholders requirements will not be applicable to an
issue traded in thousand dollar denominations.

Minimum Public Shareholders

    The purpose of the second part of the proposal is to provide an
exception to Sections 107A(b), 107C(a), and 107D(a) of the Amex Company
Guide so that Section 107 Securities may be listed even though there
may be less than 400 public shareholders at the time of listing.\5\
This exception will be conditioned on whether the particular issue
provides for the redemption of securities at the option of the holders
on at least a weekly basis. Therefore, the revision to Sections
107A(b), 107C(a), and 107D(a) will provide that the minimum public
shareholders requirement will not apply if the securities are
redeemable at the option of the holders thereof on at least a weekly
basis.
---------------------------------------------------------------------------

    \5\ A revision to Section 107A(b) of the Amex Company Guide will
also affect Sections 107B and 107E relating to equity linked term
notes and trust certificate securities, respectively, because these
provisions refer to Section 107A for purposes of meeting the
``General Criteria.''
---------------------------------------------------------------------------

    Over the past several years, the Exchange has added generic listing
standards in Section 107 of the Company Guide for Equity Linked Term
Notes, Index-Linked Exchangeable Notes, Index-Linked Securities, and
Trust Certificate Securities. These requirements are set forth in
Sections 107B,\6\ 107C, 107D,\7\ and 107E \8\ of the Amex Company
Guide, respectively. Currently, for each issuance of the foregoing
Section 107 Securities, there must be a minimum of 400 public
shareholders, except when the issue is traded in thousand dollar
denominations. The Exchange submits that an additional exception to the
400 holder requirement is appropriate for certain securities which
provide for redemption at the option of the holders on at least a
weekly basis.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 32343 (May 20,
1993), 58 FR 30833 (May 27, 1993) (SR-Amex-92-42) (approving the
listing and trading of Equity Linked Term Notes). See also
Securities Exchange Act Release No. 47055 (December 19, 2002), 67 FR
79669 (December 30, 2002) (SR-Amex-2002-110) (increasing the maximum
number of equity securities permitted to be linked to an Equity
Linked Term Note); Securities Exchange Act Release No. 42582 (March
27, 2000), 65 FR 17685 (April 4, 2000) (SR-Amex-99-42) (revising
Section 107B of the Company Guide).
    \7\ See Securities Exchange Act Release No. 51258 (February 25,
2005), 70 FR 10700 (March 4, 2005) (SR-Amex-2005-001) (adopting
generic listing standards for Index-Linked Securities).
    \8\ See Securities Exchange Act Release No. 50355 (September 13,
2004), 69 FR 56252 (September 20, 2004) (SR-Amex-2004-23) (approving
generic listing standards for Trust Certificate Securities).
---------------------------------------------------------------------------

    The Exchange believes that a weekly redemption right will ensure a
strong correlation between the market price of Section 107 Securities
and the performance of the underlying asset, such as a single security
or basket of securities and/or securities index, as holders will be
unlikely to sell their securities for less than their redemption value
if they have a weekly right to redeem such securities for their full
value. In addition, in the case of certain Section 107 Securities with
a weekly redemption feature, the issuer may have the ability to issue
new securities from time to time at market prices prevailing at the
time of sale, at prices related to market prices, or at negotiated
prices. The Exchange believes that this provides a ready supply of new
securities, thereby reducing the potential that Section 107 Security
market prices will be affected by a scarcity of available securities.
In addition, the ability to issue new securities may assist in
maintaining a strong correlation between the market price and
indicative value, based largely on potential arbitrage opportunities
that should mitigate the effect of price differentials.
    Amex believes that the ability to list certain Section 107
Securities with these characteristics without any specific requirements
as to the number of holders is important to the successful listing of
such securities. Issuers issuing these types of Section 107 Securities
generally do not intend to do so by way of an underwritten offering,
but instead, initially distribute the securities similar to the manner
in which exchange-traded funds or ``ETFs'' are brought to market. In
the case of an ETF, shares are initially launched or distributed
without a significant distribution event, with the share float
increasing over time as securities in creation unit size are issued
from the issuer at net asset value. The Exchange states that, because
of market dynamics and the purchasing behavior of investors, it is
difficult for an issuer to be able to guarantee a sufficient number of
public shareholders or investors on the date of listing in order to
meet the 400 shareholders requirement. However, the Exchange believes
that this difficulty in ensuring 400 shareholders on the listing date
is not indicative of a lack of liquidity and/or adequate distribution
of the securities. Accordingly, the Exchange submits that the existence
of a weekly redemption option justifies this limited exception to the
400 public shareholder requirement.
2. Statutory Basis
    The proposal is consistent with Section 6(b) of the Act,\9\ in
general, and Section 6(b)(5) of the Act,\10\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to, and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 purposes of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. 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-Amex-2007-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-34. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Amex-2007-34 and should be submitted on or before June
6, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\11\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\12\ which
requires that an exchange have rules designed, among other things, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Commission believes that this proposal should benefit
investors by providing an exception to the minimum public distribution
requirements for certain Section 107 Securities issued and traded in
thousand dollar denominations and providing an exception to the 400
public shareholder requirement for Section 107 Securities that are
redeemable at the option of the holders thereof on at least a weekly
basis. The Commission believes that these exceptions are reasonable and
should allow for the listing and trading of certain Section 107
Securities that would otherwise not be able to be listed and traded on
the Exchange.
---------------------------------------------------------------------------

    \11\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. The Commission notes that it has previously approved
minimum public distribution and minimum public shareholder requirements
that are substantially similar to Amex's proposal and found that such
requirements were consistent with the Act.\13\ The Commission presently
is not aware of any regulatory issue that should cause it to revisit
that finding or would preclude the application of the proposed
exceptions to the minimum public distribution and minimum public
shareholder requirements. Therefore, accelerating approval of this
proposal should benefit investors by creating, without undue delay,
additional competition in the market for such securities.
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 55687 (May 1,
2007), 72 FR 25824 (May 7, 2007) (SR-NYSE-2007-27).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-Amex-2007-34), as modified
by Amendment No.1, be, and it hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-9364 Filed 5-15-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Pages 48508-48509]
[FR Doc No: 2012-19866]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP12-490-000; RP12-887-000; Docket No. CP12-489-000]

Tennessee Gas Pipeline Company, L.L.C.; Kinetica Energy Express,
LLC; Notice of Applications and Offer of Settlement

    Take notice that on July 26, 2012, Tennessee Gas Pipeline Company,
L.L.C. (Tennessee), 1001 Louisiana Street, Houston, Texas 77002, filed
in Docket No. CP12-490-000 an application, pursuant to section 7(b) of
the Natural Gas Act (NGA), for permission and approval to abandon by
sale certain natural gas facilities located offshore in the Gulf of
Mexico and onshore in the State of Louisiana (Production Area
Facilities). On the same day, Tennessee filed a related Offer of
Settlement pursuant to sections 385.207(a)(5) and 385.602(b) of the
Commission's Rules of Practice and Procedure in Docket No. RP12-887-000
to resolve rate issues arising from the proposed abandonment by sale of
the Production Area Facilities. Also take notice that on July 26, 2012,
Kinetica Energy Express, LLC (Kinetica), Lyric Center, 440 Louisiana
St., Suite 425, Houston, Texas 77002, filed in Docket No. CP12-489-000,
an application pursuant to Section 7(c) of the NGA and Parts 157 and
284 of the Commission's regulations, requesting an order granting
Kinetica: (i) A certificate of public convenience and necessity to
acquire, own, and operate the Production Area Facilities to be
purchased from Tennessee; (ii) a blanket construction certificate;
(iii) a blanket transportation certificate; and (iv) approval of its
pro forma tariff.
    Specifically, Tennessee proposes to sell to Kinetica certain
pipeline systems consisting of approximately 1,300 miles of various
diameter pipeline, compression facilities at three locations totaling
approximately 34,250 horsepower, twelve offshore platforms, and various
appurtenant and auxiliary facilities. Kinetica requests authorizations
necessary to acquire and operate the facilities as a new jurisdictional
pipeline company. Because the effectiveness of the approval requested
in each of Tennessee's filings is precedent on approval in the other,
Tennessee requests that the Commission consolidate its review of the
application for abandonment and the Offer of Settlement for issuance of
its findings in a single order. Kinetica requests that an order be
issued by March 31, 2013 granting its certificate.
    Any questions regarding Tennessee's application in Docket No. CP12-
490-000 and Offer of Settlement in Docket No. RP12-887-000 should be
directed to Thomas G. Joyce, Manager, Rates and Regulatory Affairs,
Tennessee Gas Pipeline Company, L.L.C., 101 Louisiana Street, Houston,
Texas 77002, or by calling<PHONE_NUMBER> or faxing<PHONE_NUMBER> or
email<EMAIL_ADDRESS>or to Ms. Shannon M. Miller, Rates
and Regulatory Affairs, Tennessee Gas Pipeline Company L.L.C., 101
Louisiana Street, Houston, Texas 77002, or by calling<PHONE_NUMBER> or
faxing<PHONE_NUMBER> or email<EMAIL_ADDRESS>    Any questions concerning Kinetica's application in Docket No. CP12-
489-000 should be directed to Diane S. Dundee, Kinetica Energy Express,
LLC, Lyric Center, 440 Louisiana Street, Suite 425, Houston, Texas
77002, by calling<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit an original and 7 copies of filings made with the Commission and
must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Regarding Tennessee's Offer of Settlement in Docket No. RP12-887-
000 filed pursuant to section 385.602 of the Commission's regulations,
the due date for any initial comments regarding the Offer of Settlement
is hereby set to coincide with the Comment Date shown below. Any reply
comments should be filed 15 days thereafter to coincide with the
Commission's Rule regarding answers to motions filed pursuant to
section 385.213 as such answers would be permitted in the two related
dockets, Docket Nos. CP12-490-000 and CP12-489-000.
    The Commission strongly encourages electronic filings of comments,
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 7 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: August 29, 2012

    Dated: August 8, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19866 Filed 8-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Page 31873]
[FR Doc No: 2022-11234]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL22-47-000]

Omaha Public Power District; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On May 19, 2022, the Commission issued an order in Docket No. EL22-
47-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting an investigation into whether Omaha Public
Power District's formula rate protocols are unjust, unreasonable,
unduly discriminatory or preferential, or otherwise unlawful. Omaha
Public Power District, 179 FERC ] 61,112 (2022).
    The refund effective date in Docket No. EL22-47-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL22-47-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, in
accordance with Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2021), within 21 days of the date of
issuance of the order.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

    Dated: May 19, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-11234 Filed 5-24-22; 8:45 am]
BILLING CODE 6717-01-P