[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Notices]
[Pages 28669-28670]
[FR Doc No: 2012-11715]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2012-0086]

Pipeline Safety: Information Collection Activities, Excess Flow
Valve Census

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on a new one-time Information Collection (IC) on
Excess Flow Valves (EFVs). PHMSA will request approval for this new
information collection from the Office and Management and Budget (OMB).
The collection involves a census of gas operators to gather data on
operators' experiences, practices, benefits, and costs associated with
the use of EFVs. This data is necessary to conduct a cost-benefit
analysis of requiring an expansion in the use of EFVs.

DATES: Interested persons are invited to submit comments on or before
July 16, 2012.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Web Site: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. DOT, 1200 New Jersey Avenue
SE., West Building, Room W12-140, Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of the West
Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except Federal holidays.
    Instructions: Identify the docket number, PHMSA-2012-0086, at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or visit http://www.regulations.gov before
submitting any such comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of the West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. If you wish to receive confirmation of receipt
of your written comments, please include a self-addressed, stamped
postcard with the following statement: ``Comments on PHMSA-2012-0086.''
The Docket Clerk will date stamp the postcard prior to returning it to
you via the U.S. mail. Please note that due to delays in the delivery
of U.S. mail to Federal offices in Washington, DC, we recommend that
persons consider an alternative method (internet, fax, or professional
delivery service) of submitting comments to the docket and ensuring
their timely receipt at DOT.

FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite by telephone at
202-366-1319, by fax at<PHONE_NUMBER>, or by mail at U.S. DOT, PHMSA,
1200 New Jersey Avenue SE., PHP-30, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies a new
one-time information collection request that PHMSA will be submitting
to OMB for approval. The information collection will be titled:
``Information Collection on Excess Flow Valves.''
    In 1996, PHMSA's predecessor agency, the Research and Special
Programs Administration (RSPA), issued a final rule adopting a
performance standard for the use of excess flow valves (EFVs) in
single-family-residence service lines (61 FR 31449; codified at 49 CFR
192.381). That standard only applied to the EFVs voluntarily installed
on service lines that operated at pressures at or above 10 pounds per
square inch gas (psig) on a continuous basis throughout the year.
    In 2001, the National Transportation Safety Board (NTSB) issued
Safety Recommendation P-01-2 to RSPA. This recommendation, which was
based on the results of NTSB's investigation into a 1998 natural
pipeline accident that occurred in South Riding, Virginia, advised RSPA
to require the installation of EFVs in all new and renewed gas service
lines, regardless of a customer's classification, when operating
conditions are compatible with readily available valves.
    On December 29, 2006, Congress enacted the Pipeline Inspection,
Protection, Enforcement, and Safety (PIPES) Act of 2006 (Pub. L. 109-
468). Section 9 of the PIPES Act (codified at 49 U.S.C. 60109(e))
stated that ``[n]ot later than December 31, 2007, the Secretary [of
Transportation] shall prescribe minimum standards for integrity
management programs for distribution pipelines.'' Section 9 further
stated that those ``minimum standards shall include a requirement for
an operator of a natural gas distribution system to install an excess
flow valve on each single family residence service line'' under certain
prescribed conditions.
    In 2009, PHMSA issued the Distribution Integrity Management Program
(DIMP) final rule (74 FR 63906). The DIMP final rule required that
operators install EFVs on all new or

replaced service lines serving single family residences, subject to
certain exceptions (e.g., if a line does not operate at or above 10
psig throughout the year, if contaminants in the gas stream could
affect the operation of an EFV or cause service interruptions, if
installation of an EFV could interfere with operations and maintenance
activities, or if an acceptable EFV is not commercially available)
(codified at 49 CFR 192.383).
    In 2011, PHMSA also published an Advance Notice of Proposed
Rulemaking (ANPRM) (November 25, 2011; 76 FR 72666) seeking public
comment on several issues relating to the expanded use of EFVs in gas
distribution systems. During the comment period, President Obama signed
the Pipeline Safety, Regulatory Certainty, and Job Creation Act of
2011. Section 22 of the Act (codified in Section 60109(e)(3)(B)) states
that ``[n]ot later than 2 years after the date of enactment of the
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011,
and after issuing a final report on the evaluation of the National
Transportation Safety Board's recommendation on excess flow valves in
applications other than service lines serving one single family
residence, the Secretary, if appropriate, shall by regulation require
the use of excess flow valves, or equivalent technology, where
economically, technically, and operationally feasible on new or
entirely replaced distribution branch services, multifamily facilities,
and small commercial facilities.''
    To comply with Congress's recent mandate and address NTSB's prior
safety recommendation, PHMSA needs comprehensive data on the
operations, costs, and benefits of EFVs, as well as information on how
those operations, costs, and benefits may vary for other customer
classification service lines (in addition to single family residence
service lines). This information collection will provide the data
necessary to conduct a cost-benefit analysis of EFVs for different
customer classification service lines.
    PHMSA is proposing to use an online census for this information
collection. A copy of the census will be placed in the docket for
comment. The following information is provided for this information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Type of request; (4) Abstract of the information collection
activity; (5) Description of affected public; (6) Estimate of total
annual reporting and recordkeeping burden; and (7) Frequency of
collection. PHMSA will request a three-year term of approval for this
information collection activity.
    PHMSA requests comments on the following information collection:
    Title: Information Collection on Excess Flow Valves.
    OMB Control Number: Pending.
    Type of Request: New information collection.
    Abstract: PHMSA is conducting a census of gas operators to gather
data on operators' experiences, practices, benefits, and costs with
EFVs. This data is necessary in order to conduct a cost-benefit
analysis of requiring an expansion in the use of EFVs.
    Affected Public: Gas Operators.
    Estimated number of responses: 1,235 operators.
    Estimated annual burden hours: 19,760.
    Frequency of collection: One-time collection.
    Comments are invited on:
    (a) The need for the proposed collection of information for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.

    Dated: Issued in Washington, DC, on May 3, 2012.
Alan K. Mayberry,
Deputy Associate Administrator for Field Operations.
[FR Doc. 2012-11715 Filed 5-14-12; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Notices]
[Pages 66409-66413]
[FR Doc No: 2013-26409]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70773; File No. SR-NYSEArca-2013-86]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment No. 1
Thereto, to List and Trade Shares of the Franklin Short Duration U.S.
Government ETF Under NYSE Arca Equities Rule 8.600

October 30, 2013.

I. Introduction

    On August 27, 2013, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the
Franklin Short Duration U.S. Government ETF (``Fund'') under NYSE Arca
Equities Rule 8.600. The proposed rule change was published for comment
in the Federal Register on September 16, 2013.\3\ On October 28, 2013,
the Exchange submitted Amendment No. 1 to the proposed rule change.\4\
The Commission received no comments on the proposed rule change. This
order grants approval of the proposed rule change, as modified by
Amendment No. 1 thereto.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 70356 (Sept. 10,
2013), 78 FR 56970 (``Notice'').
    \4\ Amendment No. 1 amended the proposal to provide that the
Fund will issue and redeem Shares on a continuous basis at net asset
value in aggregations of 25,000 Shares (``Creation Units''), rather
than 50,000 Shares. Because Amendment No. 1 does not materially
affect the substance of the proposed rule change, it does not
require notice and comment.
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund pursuant
to NYSE Arca Equities Rule 8.600, which governs the listing and trading
of Managed Fund Shares on the Exchange. The Shares will be offered by
Franklin ETF Trust (``Trust''). The Trust will be registered with the
Commission as an open-end management investment company.\5\ Franklin
Advisers, Inc. will serve as the investment manager to the Fund
(``Manager''). Franklin Templeton Distributors, Inc. will be the
principal underwriter and distributor of the Fund's Shares. Franklin
Templeton Services, LLC will serve as administrator for the Fund and
The Bank of New York Mellon will serve as sub-administrator for the
Fund. The Bank of New York Mellon will serve as the custodian and
transfer agent for the Fund. The Exchange represents that the Manager
is not a broker-dealer but is affiliated with a broker-dealer and has
implemented a firewall with respect to its broker-dealer affiliate
regarding access to information concerning the composition of or
changes to the Fund's portfolio.\6\ The Exchange represents that the
Shares will conform to the initial and continued listing criteria under
NYSE Arca Equities Rule 8.600 and that, for initial and continued
listing, the Fund will be in compliance with Rule 10A-3 under the
Exchange Act,\7\ as provided by NYSE Arca Equities Rule 5.3.\8\
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    \5\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). On February 7, 2013, the Trust filed a
registration statement on Form N-1A under the Securities Act of 1933
(``Securities Act'') and under the 1940 Act relating to the Fund
(File Nos. 333-186504 and 811-22801) (``Registration Statement'').
The Trust filed an application on June 8, 2012, and amendments to
the application on October 26, 2012 and December 18, 2012,
requesting an Order under Section 6(c) of the 1940 Act for
exemptions from various provisions of the 1940 Act and rules
thereunder (File No. 812-14042) (``Exemptive Application''). The
Commission has issued an order granting certain exemptive relief to
the Trust under the 1940 Act. See Investment Company Act Release No.
30350 (Jan. 15, 2013) (``Exemptive Order''). The Exchange states
that investments made by the Fund will comply with the conditions
set forth in the Exemptive Application and the Exemptive Order. See
Notice, supra note 3, 78 FR at 56971, n. 5.
    \6\ See id. The Exchange states that in the event (a) the
Manager or any sub-adviser becomes newly affiliated with a broker-
dealer, or (b) any new adviser or sub-adviser is a registered
broker-dealer or becomes affiliated with a broker-dealer, it will
implement a firewall with respect to its relevant personnel or the
broker-dealer affiliate regarding access to information concerning
the composition of or changes to the portfolio, and will be subject
to procedures designed to prevent the use and dissemination of
material non-public information regarding the portfolio. See id.
    \7\ 17 CFR 240.10A-3.
    \8\ See Notice, supra note 3, 78 FR at 56973.
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Principal Investments

    The Fund's investment goal is to provide a high level of current
income, consistent with prudent investing, while seeking preservation
of capital. The Fund will seek to achieve its investment goal by
investing, under normal market conditions,\9\ at least 80% of its net
assets in securities issued or guaranteed by the U.S. government or its
agencies or instrumentalities. The Fund currently targets an estimated
average portfolio duration of three (3) years or less. The Manager
calculates the duration of the portfolio by modeling the cash flows of
all the individual holdings, including the impact of prepayment
variability and coupon adjustments where applicable, to determine the
duration of each holding and then aggregating based on the size of the
position. In performing this duration calculation, the Manager utilizes
third-party models as adjusted based on the Manager's market
expectations with respect to interest rates, borrower-level factors
affecting credit availability, and the condition of the housing market,
as well as broader economic factors, among other things, consistent
with industry practice.
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    \9\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of extreme volatility or trading halts
in the equity markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption, or any similar intervening
circumstance.
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    The Fund generally will invest a substantial portion of its assets
in mortgage-backed securities \10\ issued or guaranteed by the U.S.
government or its agencies or instrumentalities, including adjustable-
rate mortgage securities, but the Fund also will invest in direct
obligations of the U.S. government (such as Treasury bonds, bills, and
notes) and in securities issued or guaranteed by the U.S. government or
its agencies or instrumentalities, including government sponsored
entities. All of the Fund's principal investments will be debt
securities, including bonds, notes, and debentures.
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    \10\ Mortgage-backed securities represent an interest in a pool
of mortgage loans made by banks and other financial institutions to
finance purchases of homes, commercial buildings, and other real
estate. The individual mortgage loans are packaged or ``pooled''
together for sale to investors. As the underlying mortgage loans are
paid off, investors receive principal and interest payments. These
securities may be fixed-rate or adjustable-rate mortgage-backed
securities (``ARMS''). Further, these securities can also be
categorized as collateralized mortgage obligations (``CMOs'') or
real estate mortgage investment conduits (``REMICs'') where they are
divided into multiple classes with each class being entitled to a
different share of the principal and interest payments received from
the pool of underlying assets.
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    The mortgage-backed securities in which the Fund will substantially
invest are issued or guaranteed by the U.S. government or its agencies
or instrumentalities, such as Ginnie Mae, or by U.S. government-
sponsored entities, such as Fannie Mae and Freddie Mac. Most mortgage-
backed securities are pass-through securities, which means that they
provide investors with monthly payments consisting of a pro rata share
of both regular interest and principal payments and unscheduled
prepayments on the underlying mortgage loans. Because prepayment rates
of individual mortgage pools vary widely, the average life of a

particular pool cannot be predicted accurately. Adjustable-rate
mortgage-backed securities include ARMS and other mortgage-backed
securities with interest rates that adjust periodically to reflect
prevailing market interest rates.
    The Fund may invest in securities with various levels of credit
support,\11\ including, but not limited to, those issued or guaranteed
by the Federal Home Loan Banks, Veterans Administration, Federal
Housing Authority, Export-Import Bank of the United States, Overseas
Private Investment Corporation, Commodity Credit Corporation, Small
Business Administration, U.S. Agency for International Development,
Tennessee Valley Authority, and Farm Credit System.
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    \11\ Government agency or instrumentality securities have
different levels of credit support. For example, Ginnie Mae
securities carry a guarantee as to the timely repayment of principal
and interest that is backed by the full faith and credit of the U.S.
government. However, the full faith and credit guarantee does not
apply to the market prices and yields of the Ginnie Mae securities
or to the net asset value (``NAV''), trading price, or performance
of the Fund, which will vary with changes in interest rates and
other market conditions. Fannie Mae and Freddie Mac pass-through
mortgage certificates are backed by the credit of the respective
instrumentality and are not guaranteed by the U.S. government. Other
securities issued by government agencies or instrumentalities,
including government sponsored entities, may only be backed by the
credit worthiness of the issuing institution, not the U.S.
Government, or the issuers may have the right to borrow from the
U.S. Treasury to meet their obligations.
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    The Fund may invest in callable agency securities, which give the
issuer (the U.S. government agency) the right to redeem the security
prior to maturity. The Fund may also invest in U.S. government
inflation-indexed securities.\12\ Additionally, the Fund may invest in
certain mortgage dollar rolls.\13\ The Fund will invest only in covered
mortgage dollar rolls, meaning that the Fund establishes a segregated
account with liquid securities equal in value to the securities it will
repurchase. The Fund intends to enter into mortgage dollar rolls only
with high quality securities dealers and banks as determined by the
Manager under board approved counterparty review procedures.
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    \12\ Inflation-indexed securities are fixed-income securities
that are structured to provide protection against inflation. The
value of the security's principal or the interest income paid on the
security is adjusted to track changes in an official inflation
measure. The U.S. Treasury uses the Consumer Price Index for Urban
Consumers as the inflation measure for the inflation-indexed
securities it issues.
    \13\ In a mortgage dollar roll, the Fund will sell (or buy)
mortgage-backed securities for delivery on a specified date and
simultaneously contract to repurchase (or sell) substantially
similar (same type, coupon, and maturity) securities on a future
date. During the period between a sale and repurchase, the Fund will
forgo principal and interest paid on the mortgage-backed securities.
The Fund will earn or lose money on a mortgage dollar roll from any
difference between the sale price and the future purchase price. In
a sale and repurchase, the Fund also earns money on the interest
earned on the cash proceeds of the initial sale.
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Other Investments

    When the Manager believes that market or economic conditions are
unfavorable for investors, the Manager may invest up to 100% of the
Fund's assets in a temporary defensive manner by holding all or a
substantial portion of its assets in cash, cash equivalents, or other
high quality short-term investments. Temporary defensive investments
generally may include short-term U.S. government securities, high-grade
commercial paper, bank obligations, repurchase agreements, money market
fund shares (including shares of an affiliated money market fund), and
other money market instruments. The Manager also may invest in these
types of securities or hold cash while looking for suitable investment
opportunities or to maintain liquidity.\14\
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    \14\ Circumstances under which the Fund may temporarily depart
from its normal investment process include, but are not limited to,
extreme volatility or trading halts in the equity markets or the
financial markets generally; operational issues causing
dissemination of inaccurate market information; or force majeure
type events such as systems failure, natural or man-made disaster,
act of God, armed conflict, act of terrorism, riot or labor
disruption, or any similar intervening circumstance.
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    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities (calculated at the time of investment),
including Rule 144A securities deemed illiquid by the Manager.\15\ The
Fund will monitor its portfolio liquidity on an ongoing basis to
determine whether, in light of current circumstances, an adequate level
of liquidity is being maintained, and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are held in illiquid securities. Illiquid securities include
securities subject to contractual or other restrictions on resale and
other instruments that lack readily available markets as determined in
accordance with Commission staff guidance.
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    \15\ In reaching liquidity decisions, the Manager may consider
the following factors: the frequency of trades and quotes for the
security; the number of dealers wishing to purchase or sell the
security and the number of other potential purchasers; dealer
undertakings to make a market in the security; and the nature of the
security and the nature of the marketplace in which it trades (e.g.,
the time needed to dispose of the security, the method of soliciting
offers, and the mechanics of transfer).
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    The Fund may invest in other investment companies to the extent
permitted by the 1940 Act, Commission rules thereunder, and exemptions
thereto. Section 12(d)(1)(A) of the 1940 Act requires that, as
determined immediately after a purchase is made, (i) not more than 5%
of the value of the Fund's total assets will be invested in the
securities of any one investment company, (ii) not more than 10% of the
value of the Fund's total assets will be invested in securities of
investment companies as a group, and (iii) not more than 3% of the
outstanding voting stock of any one investment company will be owned by
the Fund. Certain exceptions to these limitations may apply, and the
Fund may also rely on any future applicable Commission rules or orders
that provide exceptions to these limitations.
    The Fund may invest up to 20% of its net assets in securities not
issued or guaranteed by the U.S. government or its agencies or
instrumentalities, including mortgage backed securities. These
investments may include investment-grade debt securities.\16\ The Fund
will not invest in non-investment-grade debt securities. The Fund may
also lend a portfolio of securities up to one-third of the value of its
total assets (measured at the time of the most recent loan). In
exchange, the Fund will receive cash collateral from a borrower at
least equal to the value of the security loaned by the Fund. Cash
collateral typically consists of any combination of cash, securities
issued by the U.S. government or its agencies or instrumentalities, and
irrevocable letters of credit. Securities will only be loaned to
parties that meet creditworthiness standards approved by the Fund's
board. The Fund may also invest in multi-class pass-through securities;
when-issued, delayed delivery, and to-be-announced transactions;
callable securities; Franklin Templeton money market funds; repurchase
agreements; U.S. Treasury rolls; unrated debt securities deemed by the
Manager to be of comparable quality to investment-grade debt
securities; variable rate securities; and zero coupon, deferred
interest, and pay-in-kind bonds.
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    \16\ Debt securities that are rated Baa or higher by Moody's or
rated BBB or higher by S&P, or that are unrated securities deemed by
the Manager to be of comparable quality, are considered to be
``investment grade.''
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    The Fund will not invest in equity securities other than possible
investments in shares of other investment companies as noted above.
    The Fund will be classified as a ``diversified'' investment company
under the 1940 Act.
    The Fund will not invest more than 25% of the Fund's net assets in

securities of issuers in any one industry (other than securities issued
or guaranteed by the U.S. government or any of its agencies or
instrumentalities or securities of other investment companies, whether
registered or excluded from registration under Section 3(c) of the 1940
Act).
    Additionally, the Fund will not purchase the securities of any one
issuer (other than the U.S. government or any of its agencies or
instrumentalities or securities of other investment companies, whether
registered or excluded from registration under Section 3(c) of the 1940
Act) if immediately after such an investment (i) more than 5% of the
value of the Fund's total assets would be invested in that issuer or
(ii) more than 10% of the outstanding voting securities of that issuer
would be owned by the Fund, except that up to 25% of the value of the
Fund's total assets may be invested without regard to these 5% and 10%
limitations.
    The Fund intends to qualify for and to elect treatment as a
separate regulated investment company under Subchapter M of the
Internal Revenue Code.
    Consistent with the Exemptive Order, to pursue its investment goal,
the Fund may invest in interest rate, fixed income index, bond, and
U.S. Treasury futures contracts. The use of these derivative
transactions may allow the Fund to obtain net long or short exposures
to selected interest rates or durations. These derivatives may be used
to hedge risks associated with the Fund's other portfolio investments.
The Fund expects that no more than 20% of the value of the Fund's net
assets will be invested in derivative instruments. The Fund will not
otherwise invest in options, futures contracts, or swap agreements. The
Fund's investments will be consistent with its investment goal and will
not be used to enhance leverage.
    Additional information regarding the Trust, Fund, and Shares,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings, disclosure policies,
distributions and taxes, calculation of net asset value per share
(``NAV''), availability of information, trading rules and halts, and
surveillance procedures, among other things, can be found in the Notice
or the Registration Statement, as applicable.\17\
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    \17\ See Notice and Registration Statement, supra notes 3 and 5,
respectively.
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III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \18\
and the rules and regulations thereunder applicable to a national
securities exchange.\19\ In particular, the Commission finds that the
proposed rule change is consistent with the requirements of Section
6(b)(5) of the Act,\20\ which requires, among other things, that the
Exchange's rules be 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, 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 notes that the Fund and the Shares must comply with the
requirements of NYSE Arca Equities Rule 8.600 to be listed and traded
on the Exchange.
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    \18\ 15 U.S.C. 78f.
    \19\ In approving this proposed 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).
    \20\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\21\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via the Consolidated
Tape Association (``CTA'') high-speed line.\22\ In addition, the
Portfolio Indicative Value, as defined in NYSE Arca Equities Rule
8.600(c)(3), will be widely disseminated by one or more major market
data vendors at least every 15 seconds during the NYSE Arca Core
Trading Session (9:30 a.m. Eastern time to 4:00 p.m. Eastern time).\23\
On each business day, before commencement of trading in Shares in the
Core Trading Session on the Exchange, the Fund will disclose on its Web
site the Disclosed Portfolio, as defined in NYSE Arca Equities Rule
8.600(c)(2), that will form the basis for the Fund's calculation of NAV
at the end of the business day.\24\ The Fund will calculate the NAV
each business day normally as of the close of regular trading on the
New York Stock Exchange (normally, 4:00 p.m. Eastern time).\25\
Information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services.\26\
Information regarding the previous day's closing price and trading
volume information for the Shares will be published daily in the
financial section of newspapers.\27\ The intra-day, closing, and
settlement prices of the portfolio securities and other Fund
investments will also be readily available from the national securities
exchanges trading those securities, automated quotation systems,
published or other public sources, or on-line information services such
as Bloomberg or Reuters.\28\ The Fund's Web site will include a form of
the prospectus for the Fund and additional data relating to NAV and
other applicable quantitative information.\29\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \22\ See Notice, supra note 3, 78 FR at 56975.
    \23\ According to the Exchange, several major market data
vendors widely disseminate Portfolio Indicative Values taken from
the CTA or other data feeds. See id.
    \24\ See id. On a daily basis, the Manager will disclose for
each portfolio security or other financial instrument of the Fund
the following information on the Fund's Web site: ticker symbol (if
applicable), name of security or financial instrument, number of
shares or dollar value of securities and financial instruments held
in the portfolio, and percentage weighting of the security or
financial instrument in the portfolio. The Web site information will
be publicly available at no charge. See id.
    \25\ See id. at 56974.
    \26\ See id. at 56975.
    \27\ See id.
    \28\ See id.
    \29\ See id. at 56974-75.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV will be
calculated daily and that the NAV and the Disclosed Portfolio will be
made available to all market participants at the same time.\30\ In
addition, for in-kind creations, the basket composition file will be
publicly disseminated daily prior to the opening of the Exchange via
the National Securities Clearing Corporation.\31\ Further, trading in
the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D),
which sets forth circumstances under which trading in the Shares of the
Fund may be halted.\32\ The Exchange may halt trading in the Shares if
trading is not occurring in the securities or the

financial instruments constituting the Disclosed Portfolio of the Fund
or if other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.\33\ Further, the
Commission notes that the Reporting Authority that provides the
Disclosed Portfolio must implement and maintain, or be subject to,
procedures designed to prevent the use and dissemination of material,
non-public information regarding the actual components of the
portfolio.\34\ The Exchange states that it has a general policy
prohibiting the distribution of material, non-public information by its
employees.\35\ The Exchange also states that the Manager is affiliated
with a broker-dealer and has implemented a firewall with respect to its
broker-dealer affiliate regarding access to information concerning the
composition of or changes to the portfolio.\36\ The Exchange states
that, on its behalf, the Financial Industry Regulatory Authority
(``FINRA'') will communicate as needed regarding trading in the Shares
with other markets that are members of the Intermarket Surveillance
Group (``ISG'') and that FINRA, on behalf of the Exchange, may obtain
trading information regarding trading in the Shares from such markets
and other entities.\37\ In addition, the Exchange may obtain
information regarding trading in the Shares from markets and other
entities that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement.\38\
---------------------------------------------------------------------------

    \30\ See id. at 56973.
    \31\ See id. at 56975.
    \32\ See id.
    \33\ See id. See also NYSE Arca Equities Rule 8.600(d)(2)(C)
(providing additional considerations for the suspension of trading
in or removal from listing of Managed Fund Shares on the Exchange).
With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund. Trading in Shares of the Fund
will be halted if the circuit breaker parameters in NYSE Arca
Equities Rule 7.12 have been reached. Trading also may be halted
because of market conditions or for reasons that, in the view of the
Exchange, make trading in the Shares inadvisable. See Notice, supra
note 3, 78 FR at 56975.
    \34\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
    \35\ See Notice, supra note 3, 78 FR at 56976.
    \36\ See supra note 6 and accompanying text. The Commission
notes that an investment adviser to an open-end fund is required to
be registered under the Investment Advisers Act of 1940 (``Advisers
Act''). As a result, the Adviser and Sub-Adviser and their related
personnel are subject to the provisions of Rule 204A-1 under the
Advisers Act relating to codes of ethics. This Rule requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of the relationship to clients as well as
compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
    \37\ See Notice, supra note 3, 78 FR at 56976.
    \38\ See id.
---------------------------------------------------------------------------

    The Exchange further represents that the Shares are deemed to be
equity securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity
securities.\39\ In support of this proposal, the Exchange has made
representations, including:
---------------------------------------------------------------------------

    \39\ See id. at 56975.
---------------------------------------------------------------------------

    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The trading surveillance procedures administered by FINRA on
behalf of the Exchange are adequate to properly monitor Exchange
trading of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
    (4) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders (``ETP Holders'') in an Information
Bulletin of the special characteristics and risks associated with
trading the Shares. Specifically, the Information Bulletin will discuss
the following: (a) The procedures for purchases and redemptions of
Shares in Creation Unit aggregations (and that Shares are not
individually redeemable); (b) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(c) the risks involved in trading the Shares during the Opening and
Late Trading Sessions when an updated Portfolio Indicative Value will
not be calculated or publicly disseminated; (d) how information
regarding the Portfolio Indicative Value is disseminated; (e) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (f) trading information.
    (5) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\40\ as provided by
NYSE Arca Equities Rule 5.3.
---------------------------------------------------------------------------

    \40\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) Under normal market conditions, at least 80% of the Fund's net
assets will be invested in securities issued or guaranteed by the U.S.
government or its agencies or instrumentalities.
    (7) The Fund will not invest in options, futures contracts, or swap
agreements, other than investments in interest rate, fixed income
index, bond, and U.S. Treasury futures contracts as permitted by the
Exemptive Order.
    (8) No more than 20% of the value of the Fund's net assets will be
invested in derivative instruments, and any such derivative investments
will be consistent with the Fund's investment goal and will not be used
to enhance leverage.
    (9) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities (calculated at the time of investment),
including Rule 144A securities deemed illiquid by the Manager; will
monitor its portfolio liquidity on an ongoing basis to determine
whether, in light of then-current circumstances, an adequate level of
liquidity is being maintained; and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are held in illiquid securities.
    (10) The Fund may lend a portfolio of securities up to one-third of
the value of its total assets (measured at the time of the most recent
loan), and in exchange, the Fund will receive from the borrower or
borrowers cash collateral at least equal to the value of the securities
loaned by the Fund.
    (11) A minimum of 100,000 Shares of the Fund will be outstanding at
the commencement of trading on the Exchange.
    This order is based on all of the Exchange's representations,
including those set forth above and in the Notice, and the Exchange's
description of the Fund.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1 thereto, is consistent with
Section 6(b)(5) of the Act \41\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\42\ that the proposed rule change (SR-NYSEArca-2013-86), as
modified by Amendment

No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\43\
---------------------------------------------------------------------------

    \43\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-26409 Filed 11-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Notices]
[Pages 7443-7444]
[FR Doc No: 2014-02656]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-399-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: FL&U Effective March 1, 2014 to be effective 3/1/2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5078.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-400-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Neg Rate NC A&R 2014-01-29 Encana to be effective 2/1/
2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5084.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-401-000.
    Applicants: ANR Pipeline Company.
    Description: Working Gas Storage to be effective 3/1/2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5107.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-402-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: ConocoPhillips Releases 2-01-2014 to be effective 2/1/
2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5147.
    Comments Due: 5 p.m. ET 2/10/14

    Docket Numbers: RP14-403-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: ConocoPhillips Releases 4-01-2014 to be effective 4/1/
2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5149.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-404-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: ConocoPhillips Releases 4-01-2016 to be effective 4/1/
2016.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5154.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-405-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 01/29/14 Negotiated Rates--JP Morgan Ventures (RTS)
6025-26 to be effective 2/1/2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5157.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-406-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 01/29/14 Negotiated Rates--Tenaska Gas Storage, LLC
(HUB) 1175-89 to be effective 1/28/2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5168.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-407-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Big Sandy Fuel Filing effective 3-1-2014.
    Filed Date: 1/29/14.

    Accession Number: 20140129-5169.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-408-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Neg Rate 2014-01-29 Whiting Oil to be effective 2/1/
2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5175.
    Comments Due: 5 p.m. ET 2/10/14.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP12-993-004.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Stipulation and Agreement Tariff Record Filing to be
effective 3/1/2013.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5121.
    Comments Due: 5 p.m. ET 2/18/14.
    Reply Comments Due: 5 p.m. ET 2/28/14.

    Docket Numbers: RP14-395-001.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Retainage Percentage Provisions Revisions--Amendment
to be effective 3/1/2014.
    Filed Date: 1/29/14.
    Accession Number: 20140129-5113.
    Comments Due: 5 p.m. ET 2/10/14.

    Docket Numbers: RP14-369-001.
    Applicants: PGPipeline LLC.
    Description: Tariff filing per 154.203; Missing Data in Name Change
Filing to be effective 2/14/2014.
    Filed Date: 1/15/14.
    Accession Number: 20140115-5078.
    Comments Due: 5 p.m. ET 2/4/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
date(s).
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 30, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-02656 Filed 2-6-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Page 85654]
[FR Doc No: 2020-28740]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4558-DR; Docket ID FEMA-2020-0001]

California; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of California (FEMA-4558-DR), dated August 22, 2020, and
related determinations.

DATES: This amendment was issued September 13, 2020.

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 California is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 22, 2020.

    Butte County for Individual Assistance and assistance for debris
removal [Category A] (already designated for emergency protective
measures [Category B], including direct federal assistance, under
the Public Assistance program).
    San Mateo County for debris removal [Category A] and permanent
work [Categories C-G] (already designated for Individual Assistance
and assistance for emergency protective measures [Category B],
including direct federal assistance, under the Public Assistance
program).
    Monterey, Napa, Santa Cruz, Solano, and Sonoma Counties for
permanent work [Categories C-G](already designated for Individual
Assistance and 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.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-28740 Filed 12-28-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Notices]
[Page 30349-30351]
[DOCID:fr25jn09-90]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60140; File No. SR-NYSEAmex-2009-27]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to WAIT
Modifiers, PNP Plus Orders, and Attributable Orders

June 18, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on June 8, 2009, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the 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 Rule 900.3NY to (i) offer the
``WAIT'' order modifier for use with orders entered into the NYSE Amex
System; (ii) allow the use of attributable orders (iii) offer PNP Plus
orders. The WAIT modifier is designed to enhance compliance with the
order exposure requirement of NYSE Amex Rule 935NY. Attributable orders
allow users to voluntarily display their firm IDs on the orders. PNP
Plus orders allow Users greater control over the circumstances of order
execution. The text of the proposed rule change is attached as Exhibit
5 to the 19b-4 form. A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    WAIT Orders
    On May 21, 2009, the Securities and Exchange Commission approved
NYSE Amex's proposal to reduce the order exposure requirement of Rule
935NY from three seconds to one second.\3\ Rule 935NY prohibits Users
from executing as principal orders they represent as agent unless (i)
agency orders are first exposed on the Exchange for at least one (1)
second or (ii) the User has been bidding or offering on the Exchange
for at least one (1) second prior to receiving an agency order that is
executable against such bid or offer. This Rule insures that a User
does not gain at the expense of customers by depriving them of the
opportunity to interact with orders in the NYSE Amex System.
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 59956 (May 21, 2009), 74 FR
25782 (May 29, 2009) (SR-NYSEAmex-2009-15) (Order Granting
Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1, Amending Rule 935NY--Order Exposure Requirements to
Reduce the Exposure Periods from Three Seconds to One Second).
---------------------------------------------------------------------------

    Users that enter agency orders into the NYSE Amex System have noted
the proposal by the NASDAQ Options Market (``NOM'') for a WAIT order
modifier,\4\ and have asked the Exchange to develop an automated
mechanism that permits them to enter orders into the NYSE Amex System
as soon as the orders are received but that also prevents them from
interacting with their own agency orders in violation of the order
exposure requirement. NYSE Amex believes this is an efficient use of
resources because it will allow NYSE Amex to program its System once
rather than have multiple Users re-program their systems.
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 59557 (March 11, 2009), 74 FR
11389 (March 17, 2009) (SR-NASDAQ-2009-017).
---------------------------------------------------------------------------

    In order to accomplish that request, NYSE Amex has developed the
``WAIT'' modifier which can be appended to an order prior to entry into
the NYSE Amex System. The WAIT modifier will instruct the System to
wait precisely one second from the time of order entry before
processing the order in accordance with the other instructions attached
to that order. Upon expiration of the one-second WAIT period, the
System will time stamp, route, display, or execute the order in
accordance with the entering party's other order entry instructions.
Thus, the WAIT modifier does not affect the existing display, routing,
or execution priorities of the NYSE Amex System or any other
obligations of Users as set forth in the NYSE Amex rules.
    Orders designated with the WAIT modifier are independent of all
other orders, including an agency order that is being exposed pursuant
to Rule 935NY. WAIT orders are not associated or in any way linked to
another order entered into the System, as is the case with certain
facilitation orders at other options exchanges. The System will process
the WAIT order even if a customer order entered into the System
simultaneously with the WAIT order has been executed or cancelled
during the WAIT second, unless the WAIT order itself is modified or
cancelled pursuant to System rules. As a result, there is no guarantee
that an order designated as WAIT will execute against another specific
order. Use of the WAIT modifier is completely voluntary.
Attributable Orders
    The Exchange proposes to modify Rule 900.3NY (Orders Defined) to
allow for the submission of attributable orders. These orders allow
users to voluntarily display their firm IDs on the orders.\5\ The
NASDAQ Options Market, LLC (``NOM'') currently allows its participants
to submit attributable orders (See NOM Chapter VI, Section
(1)(d)(1)).\6\ As proposed, the Exchange may limit the processes for
which attributable orders will be available. This proposal is
responsive to requests by Exchange Users who believe that enhanced
executions may be obtained if Firm ID is allowed on orders (on a
voluntary basis).
---------------------------------------------------------------------------

    \5\ A Firm ID is a 5 character identification code (letters and/
or numbers) Each ATP Holder is assigned its own unique Firm ID.
    \6\ The Chicago Board Options Exchange (``CBOE'') also allows
attributable orders. See Exchange Act Release No, 58394 (August 20,
2008), 73 FR 50379 (August 26, 2008) (SR-CBOE-2008-85) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change
Adopting A New Order Type).

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

PNP Plus
    As part of its continuing efforts to enhance participation on the
Exchange, and provide additional tools to control the circumstances in
which orders are executed, NYSE Amex proposes to adopt an order type
known as ``PNP Plus.'' PNP Plus Orders are currently offered on the
NYSE Arca Equities market.\7\
---------------------------------------------------------------------------

    \7\ See NYSE Arca Equities Rule 7.31(w)(1).
---------------------------------------------------------------------------

    A PNP Order is an order entered into the NYSE Amex System for
execution on the Exchange, but not for routing to away markets. Because
of the condition to not route PNP orders, they are cancelled if they
would otherwise lock or cross the NBBO.
    Customers have requested that the exchange develop a PNP Order type
that would, if marketable against the NBBO but not executable on the
Exchange, be represented in the Exchange's disseminated market by re-
pricing the order. Specifically, if posting a PNP Plus order or a
portion thereof would otherwise result in locking or crossing the NBBO,
the PNP order would automatically be re-priced to be one Minimum Price
Valuation (``MPV'') greater than the NBBO bid (for sell orders) or one
MPV less than the NBBO offer (for buy orders), thus avoiding locking or
crossing the NBBO. The re-priced bid or offer is included in the
Exchange's disseminated quote.
    If the NBBO changes, and the order is marketable against the new
NBBO, but still not executable on the Exchange, the PNP Plus order
would again be re-priced to be one MPV away from the NBBO. When re-
priced, the PNP Plus order is re-ranked at the new price. The order
would continue to be re-priced and re-ranked with each change in the
NBBO, until such time that the NBBO moves such that the original price
of the PNP Plus Order would no longer lock or cross the NBBO. The PNP
Plus Order would then automatically be re-priced back to its original
limit price and re-ranked in the Consolidated Book. The PNP Plus Order
will not be re-priced if the order becomes locked or crossed by another
market.
    The Exchange believes that the implementation of the aforementioned
rule change modifying NYSE Amex order entry options will enhance
compliance with NYSE Amex rules, preserve order execution opportunities
on the NYSE Amex market, provide greater control over the circumstances
of executions, and provide an opportunity for enhanced executions.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act, in that it
is designed to promote just and equitable principles of trade, remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest, by providing investors with additional order types
that allow greater flexibility in maintaining compliance with the
rules, or providing an opportunity for enhanced executions, or managing
the circumstances in which their orders are executed.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because the proposed rule change is based on existing rules of other
exchanges \12\ and does not appear to present any novel or significant
issues. The Commission hereby grants the Exchange's request.\13\
---------------------------------------------------------------------------

    \12\ See, e.g., Securities Exchange Act Release No. 59737 (April
9, 2009) 74 FR 18018 (April 20, 2009) (SR-NYSEArca-2009-27)
(adopting ``WAIT'' order modifier, attributable orders, and PNP Plus
order type).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2009-27 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-NYSEAmex-2009-27. 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, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing will also be available for inspection and
copying at the principal office of the self-regulatory organization.
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-NYSEAmex-2009-
27 and should be submitted on or before July 16, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14961 Filed 6-24-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 14, 2009 (Volume 74, Number 70)]
[Rules and Regulations]
[Page 17080-17082]
[DOCID:fr14ap09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30660 Amdt. No. 3316]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective April 14, 2009. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 14, 2009.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169, or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125),
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation, as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on April 3, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

 Effective 07 MAY 2009

Iliamna, AK, Iliamna, RNAV (GPS) RWY 25, Amdt 1
Iliamna, AK, Iliamna, RNAV (GPS) RWY 35, Amdt 1
Davis Woodland Winter, CA, Yolo County, GPS RWY 16, Orig, CANCELLED
Davis Woodland Winter, CA, Yolo County, GPS RWY 34, Orig, CANCELLED
Davis Woodland Winter, CA, Yolo County, RNAV (GPS) RWY 16, Orig
Davis Woodland Winter, CA, Yolo County, RNAV (GPS) RWY 34, Orig
Davis Woodland Winter, CA, Yolo County, Takeoff Minimums and
Obstacle DP, Amdt 1
Davis Woodland Winter, CA, Yolo County, VOR RWY 34, Orig-A,
CANCELLED
Davis, CA, University, RNAV (GPS) RWY 17, Orig
Davis, CA, University, Takeoff Minimums and Obstacle DP, Amdt 3
Davis, CA, University, VOR OR GPS RWY 16, Amdt 1, CANCELLED
Rio Vista, CA, Rio Vista Muni, GPS RWY 25, Orig, CANCELLED
Rio Vista, CA, Rio Vista Muni, RNAV (GPS) RWY 25, Orig
Rio Vista, CA, Rio Vista Muni, VOR/DME-A, Amdt 1
Woodland, CA, Watts-Woodland, RNAV (GPS) RWY 36, Orig
Woodland, CA, Watts-Woodland, Takeoff Minimums and Obstacle DP, Amdt
3
Woodland, CA, Watts-Woodland, VOR/DME-A, Amdt 5
Montrose, CO, Montrose Rgnl, ILS OR LOC/DME RWY 17, Amdt 2
Bartow, FL, Bartow Muni, RNAV (GPS) RWY 5, Orig
Bartow, FL, Bartow Muni, RNAV (GPS) RWY 9L, Amdt 1
Bartow, FL, Bartow Muni, RNAV (GPS) RWY 23, Orig
Bartow, FL, Bartow Muni, RNAV (GPS) RWY 27R, Amdt 1
Burlington, IA, Southeast Iowa Rgnl, RNAV (GPS) RWY 12, Orig
Burlington, IA, Southeast Iowa Rgnl, RNAV (GPS) RWY 30, Orig
Burlington, IA, Southeast Iowa Rgnl, RNAV (GPS) RWY 36, Amdt 1
Burlington, IA, Southeast Iowa Rgnl, VOR RWY 30, Amdt 13
Council Bluffs, IA, Council Bluffs Muni, RNAV (GPS) RWY 14, Amdt 1
Evansville, IN, Evansville Rgnl, ILS OR LOC RWY 4, Amdt 2
Evansville, IN, Evansville Rgnl, ILS OR LOC RWY 22, Amdt 21
Evansville, IN, Evansville Rgnl, NDB RWY 22, Amdt 13
Evansville, IN, Evansville Rgnl, RNAV (GPS) RWY 4, Orig
Evansville, IN, Evansville Rgnl, RNAV (GPS) RWY 22, Orig
Evansville, IN, Evansville Rgnl, RADAR-1, Amdt 6
Evansville, IN, Evansville Rgnl, VOR RWY 4, Amdt 6
Flemingsburg, KY, Fleming-Mason, Takeoff Minimums and Obstacle DP,
Orig
Williamsburg, KY, Williamsburg-Whitley County, RNAV (GPS) RWY 2,
Amdt 1
Williamsburg, KY, Williamsburg-Whitley County, VOR/DME RWY 20, Orig
Bedford, MA, Laurence G. Hanscom Fld, NDB RWY 29, Amdt 7
Bedford, MA, Laurence G. Hanscom Fld, RNAV (GPS) RWY 29, Orig
Falmouth, MA, Cape Cod Coast Guard Air Station, TACAN RWY 5, Amdt 1
Falmouth, MA, Cape Cod Coast Guard Air Station, TACAN RWY 14, Amdt 1
Nantucket, MA, Nantucket Memorial, GPS RWY 33, Orig-C, CANCELLED
Nantucket, MA, Nantucket Memorial, ILS OR LOC RWY 6, Amdt 1
Nantucket, MA, Nantucket Memorial, ILS OR LOC RWY 24, Amdt 15D
Nantucket, MA, Nantucket Memorial, RNAV (GPS) RWY 6, Orig
Nantucket, MA, Nantucket Memorial, RNAV (GPS) RWY 24, Orig
Nantucket, MA, Nantucket Memorial, RNAV (GPS) RWY 33, Orig
Nantucket, MA, Nantucket Memorial, VOR RWY 24, Amdt 14
Northampton, MA, Northampton, GPS RWY 14, Orig, CANCELLED
Northampton, MA, Northampton, RNAV (GPS) RWY 14, Orig
Northampton, MA, Northampton, VOR-A, Amdt 5
Rangeley, ME, Rangeley Lake SPB, NDB-B, Amdt 1
Rangeley, ME, Rangeley Lake SPB, RNAV (GPS)-C, Orig
Rangeley, ME, Steven A. Bean Muni, NDB-A, Amdt 5
Rangeley, ME, Steven A. Bean Muni, RNAV (GPS)-D, Orig
Wiscasset, ME, Wiscasset, NDB RWY 25, Amdt 5B, CANCELLED
Benton Harbor, MI, Southwest Michigan Rgnl, RNAV (GPS) RWY 9, Orig
Benton Harbor, MI, Southwest Michigan Rgnl, VOR RWY 9, Amdt 9
Detroit, MI, Coleman A. Young Muni, NDB RWY 15, Amdt 23
Gaylord, MI, Gaylord Rgnl, Takeoff Minimums and Obstacle DP, Orig
Ironwood, MI, Gogebic-Iron County, RNAV (GPS) RWY 9, Orig
Ironwood, MI, Gogebic-Iron County, RNAV (GPS) RWY 27, Orig
Ironwood, MI, Gogebic-Iron County, Takeoff Minimums and Obstacle DP,
Amdt 6
Ironwood, MI, Gogebic-Iron County, VOR/DME RWY 9, Amdt 13
Ironwood, MI, Gogebic-Iron County, VOR/DME RWY 27, Amdt 9
Benson, MN, Benson Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Fairmont, MN, Fairmont Muni, RNAV (GPS) RWY 13, Orig
Fairmont, MN, Fairmont Muni, RNAV (GPS) RWY 31, Orig
Fairmont, MN, Fairmont Muni, Takeoff Minimums and Obstacle DP, Amdt
3
Fairmont, MN, Fairmont Muni, VOR RWY 13, Amdt 5
Fairmont, MN, Fairmont Muni, VOR RWY 31, Amdt 8
Grand Rapids, MN, Grand Rapids/Itasca Co-Gordon Newstrom, GPS RWY
16, Orig, CANCELLED
Grand Rapids, MN, Grand Rapids/Itasca Co-Gordon Newstrom, RNAV (GPS)
RWY 16, Orig
Grand Rapids, MN, Grand Rapids/Itasca Co-Gordon Newstrom, RNAV (GPS)
RWY 34, Orig
Grand Rapids, MN, Grand Rapids/Itasca Co-Gordon Newstrom, VOR RWY
34, Amdt 11
International Falls, MN, Falls Intl, ILS OR LOC RWY 31, Amdt 10
Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY
9, Orig
Minneapolis, MN, Anoka County-Blaine (Janes Field), RNAV (GPS) RWY
18, Orig
Minneapolis, MN, Anoka County-Blaine (Janes Field), VOR RWY 9, Amdt
12
Minneapolis, MN, Anoka County-Blaine (Janes Field), VOR/DME RWY 27,
Amdt 5
Minneapolis, MN, Anoka County-Blaine (Janes Field), VOR/DME RNAV OR
GPS RWY 18, Amdt 3A, CANCELLED
Tower, MN, Tower Muni, RNAV (GPS) RWY 8, Orig
Tower, MN, Tower Muni, RNAV (GPS) RWY 26, Orig
Tower, MN, Tower Muni, Takeoff Minimums and Obstacle DP, Orig
Columbia, MO, Columbia Rgnl, ILS OR LOC/DME RWY 2, Amdt 14
Clarksdale, MS, Fletcher Field, NDB RWY 36, Amdt 9A, CANCELLED
Greenville, MS, Mid Delta Rgnl, RNAV (GPS) RWY 36L, Orig-A
Asheville, NC, Asheville Regional, Takeoff Minimums and Obstacle DP,
Amdt 8
Currituck, NC, Currituck County Regional, GPS RWY 5, Orig, CANCELLED
Currituck, NC, Currituck County Regional, RNAV (GPS) RWY 5, Orig
Currituck, NC, Currituck County Regional, Takeoff Minimums and
Obstacle DP, Amdt 1
Currituck, NC, Currituck County Regional, VOR/DME-A, Amdt 1
Roxboro, NC, Person County, GPS RWY 6, Orig, CANCELLED
Roxboro, NC, Person County, RNAV (GPS) RWY 6, Orig
Roxboro, NC, Person County, RNAV (GPS) RWY 24, Orig-A
Winston-Salem, NC, Smith Reynolds, GPS RWY 15, Orig-B, CANCELLED

Winston-Salem, NC, Smith Reynolds, GPS RWY 33, Orig-B, CANCELLED
Winston-Salem, NC, Smith Reynolds, ILS OR LOC RWY 33, Amdt 29
Winston-Salem, NC, Smith Reynolds, RNAV (GPS) RWY 15, Orig
Winston-Salem, NC, Smith Reynolds, RNAV (GPS) RWY 33, Orig
Lebanon, NH, Lebanon Muni, GPS RWY 25, Orig-A, CANCELLED
Lebanon, NH, Lebanon Muni, RNAV (GPS) RWY 25, Orig
Southampton, NY, Southampton Heliport, COPTER RNAV (GPS) 190, Orig
Southampton, NY, Southampton Heliport, COPTER VOR/DME RNAV OR GPS
187, Orig, CANCELLED
Zelienople, PA, Zelienople Muni, GPS RWY 17, Amdt 1, CANCELLED
Zelienople, PA, Zelienople Muni, GPS RWY 35, Amdt 1, CANCELLED
Zelienople, PA, Zelienople Muni, RNAV (GPS) RWY 17, Orig
Zelienople, PA, Zelienople Muni, RNAV (GPS) RWY 35, Orig
Moncks Corner, SC, Berkeley County, VOR/DME-A, Orig
Jackson, TN, McKellar-Sipes Rgnl, GPS RWY 2, Orig, CANCELLED
Jackson, TN, McKellar-Sipes Rgnl, GPS RWY 20, Orig-A, CANCELLED
Jackson, TN, McKellar-Sipes Rgnl, ILS OR LOC RWY 2, Amdt 8
Jackson, TN, McKellar-Sipes Rgnl, RNAV (GPS) RWY 2, Orig
Jackson, TN, McKellar-Sipes Rgnl, RNAV (GPS) RWY 20, Orig
Jackson, TN, McKellar-Sipes Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 1
Nashville, TN, Nashville Intl, ILS OR LOC RWY 20R, Amdt 9
Nashville, TN, Nashville Intl, RNAV (GPS) RWY 20R, Amdt 1
Falfurrias, TX, Brooks County, GPS RWY 17, Orig-A, CANCELLED
Falfurrias, TX, Brooks County, NDB RWY 35, Amdt 2
Falfurrias, TX, Brooks County, RNAV (GPS) RWY 17, Orig
Falfurrias, TX, Brooks County, Takeoff Minimums and Obstacle DP,
Amdt 1
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
8L, ILS RWY 8L (CAT II), ILS RWY 8L (CAT III), Amdt 2
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
8R, Amdt 23
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY 9,
Amdt 8
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
26L, ILS RWY 26L (CAT II), ILS RWY 26L (CAT III), Amdt 19
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
26R, ILS RWY 26R (CAT II), ILS RWY 26R (CAT III), Amdt 2
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
27, ILS RWY 27 (CATII), ILS RWY 27 (CAT III), Amdt 7
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
8L, Amdt 3
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
8R, Amdt 2
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
9, Amdt 3
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
26L, Amdt 2
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
26R, Amdt 2
Houston, TX, George Bush Intercontinental/Houston, RNAV (GPS) Z RWY
27, Amdt 2
Oak Harbor, WA, A J Eisenberg, RNAV (GPS) RWY 7, Amdt 2B
Seattle, WA, Boeing Field/King County Intl, RNAV (RNP) Z RWY 13R,
Orig-B
Spokane, WA, Spokane Intl, RNAV (GPS) RWY 25, Amdt 2A
Tacoma, WA, Tacoma Narrows, GPS RWY 35, Orig-A, CANCELLED
Tacoma, WA, Tacoma Narrows, RNAV (GPS) RWY 35, Orig

[FR Doc. E9-8345 Filed 4-13-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22474-22475]
[FR Doc No: 2018-10291]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-332-000]

El Paso Natural Gas Company, L.L.C.; Notice of Application

    Take notice that on April 26, 2018, El Paso Natural Gas Company,
L.L.C. (EPNG), PO Box 1087, Colorado Springs, Colorado, 80944, filed in
Docket No. CP18-332-000 an application pursuant to section 7(c) of the
Natural Gas Act (NGA) and Part 157 of the Commission's regulations for
authorization to construct, own, and operate the South Mainline
Expansion Project comprising: (i) About 17 miles of 30-inch-diameter
loop line of EPNG's existing Line Nos. 1100 and 1103 located in
Hudspeth and El Paso Counties, Texas; (ii) a new 13,220 horsepower
(hp), turbine-driven Red Mountain Compressor Station located in Luna
County, New Mexico; and (iii) a new 13,220 hp turbine-driven Dragoon
Compressor Station located in Cochise County, Arizona. EPNG states that
the proposed facilities will result in an increase of 321,000
dekatherms per day of contracted capacity and estimates the cost of the
South Mainline

Expansion Project to be $127,907,996, all as more fully set forth in
the application which is on file with the Commission and open to public
inspection. The filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's website web
at 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. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Francisco Tarin, Director, Regulatory, El Paso Natural Gas Pipeline
L.L.C.; PO Box 1087, Colorado Springs, Colorado, 80944 at (719) 667-
7517 or by fax at<PHONE_NUMBER>; or David Dewey, Assistant General
Counsel, El Paso Natural Gas Pipeline, L.L.C.; PO Box 1087, Colorado
Springs, Colorado, 80944 at<PHONE_NUMBER> or by fax at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    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 seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. 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.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    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 5 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on May 30, 2018.

    Dated: May 9, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-10291 Filed 5-14-18; 8:45 am]
 BILLING CODE 6717-01-P