[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Pages 32933-32935]
[FR Doc No: 2014-13366]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC14-96-000.
    Applicants: Exelon Corporation, Pepco Holding Inc.
    Description: Joint Application for Authorization of Disposition of
Jurisdictional Assets and Merger of Exelon Corporation and Pepco
Holdings, Inc.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5361.
    Comments Due: 5 p.m. ET 6/20/14.

    .Docket Numbers: EC14-97-000.
    Applicants: Bayonne Energy Center, LLC, Hess Corporation, Hess
Bayonne LLC, ArcLight Energy Partners Fund III, L.P., AL Bayonne
Holdings, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Waivers, Request for Shortened Notice
Period and Expedited Action, and Request for Confidential Treatment of
Bayonne Energy Center, LLC, et. al.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5464.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: EC14-98-000.
    Applicants: Constellation Power Source Generation, L, Safe Harbor
Water Power Corp., BIF II Safe Harbor Holdings LLC.
    Description: Joint Application for Authorization Under Section 203
of the FPA of BIF II Safe Harbor Holdings LLC, et. al.
    Filed Date: 5/30/14.

    Accession Number: 20140530-5479.
    Comments Due: 5 p.m. ET 6/20/14.

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

    Docket Numbers: EG14-59-000.
    Applicants: Danskammer Energy, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Danskammer Energy, LLC.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5181.
    Comments Due: 5 p.m. ET 6/23/14.

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

    Docket Numbers: ER10-3310-004.
    Applicants: New Harquahala Generating Company, LLC.
    Description: Supplement to March 29, 2013 Triennial Market Power
Report of New Harquahala Generating Company, LLC for Southwest Region.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5346.
    Comments Due: 5 p.m. ET 6/13/14.

    Docket Numbers: ER14-822-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing per 5/9/2014 Order in Docket No.
ER14-822 to be effective 3/15/2014.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5194.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-1324-000.
    Applicants: Panoche Energy Center, LLC.
    Description: Supplement to February 14, 2014 Panoche Energy Center,
LLC tariff filing.
    Filed Date: 5/20/14.
    Accession Number: 20140520-5079.
    Comments Due: 5 p.m. ET 6/9/14.

    Docket Numbers: ER14-1668-000; ER14-1669-000; ER14-1670-000; ER14-
1671-000; ER14-1672-000; ER14-1673-000; ER14-1674-000; ER14-1675-000;
ER14-1676-000; ER14-1677-000; ER14-1678-000; ER14-1679-000.
    Applicants: Community Wind North 1 LLC, Community Wind North 2 LLC,
Community Wind North 5 LLC, Community Wind North 6 LLC, Community Wind
North 15 LLC, Community Wind North 8 LLC, Community Wind North 3 LLC,
Community Wind North 7 LLC, Community Wind North 9 LLC, Community Wind
North 10 LLC, Community Wind North 11 LLC, Community Wind North 13 LLC.
    Description: Supplement to April 7, 2014 Community Wind North 1
LLC, et. al. tariff filings.
    Filed Date: 5/23/14.
    Accession Number: 20140523-5199.
    Comments Due: 5 p.m. ET 6/2/14.

    Docket Numbers: ER14-2081-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1628R6 Western Farmers Electric Cooperative NITSA to
be effective 5/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5339.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2082-000.
    Applicants: NSTAR Electric Company.
    Description: NRG Diesels Distribution Service Agreement--2nd
Amendment to 1st Supplement to be effective 6/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5351.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2083-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to PJM OATT/OA--Merchant TO Schedules
Revisions and Clean Up to be effective 8/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5356.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2084-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2892 Kansas City Power & Light Company Sponsored
Upgrade Agreement to be effective 4/30/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5357.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2085-000.
    Applicants: Entergy Services, Inc.
    Description: Eight Annual filing implementing Service Schedule MSS-
3 Rough Production Cost Equalization Bandwidth Calculation of Entergy
Services, Inc.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5359.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2086-000.
    Applicants: Arizona Public Service Company.
    Description: Rate Schedule No. 217--Ex B.FLG, Ex. B.KOF, Ex. A
Revision 2 to be effective 7/30/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5360.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2087-000.
    Applicants: Appalachian Power Company.
    Description: Open Access Transmission Tariff to be effective 8/1/
2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5380.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2087-001.
    Applicants: Appalachian Power Company.
    Description: OATT--Revise Attachments K & L, TCC Rate Update to be
effective 12/31/9998.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5137.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2088-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue Position Z1-050, Original Service Agreement No.
3836 to be effective 4/30/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5413.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2089-000.
    Applicants: New England Power Pool Participants Committee.
    Description: June 2014 Membership Filing to be effective 5/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5415.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2090-000.
    Applicants: Florida Power & Light Company.
    Description: FPL and Seminole Rate Schedule No. 327 to be effective
5/31/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5438.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2091-000.
    Applicants: Florida Power & Light Company.
    Description: FPL Revisions to Seminole FERC Rate Schedule No. 102
to be effective 5/31/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5439.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2092-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to the OATT and OA re Clean Up for eSuite
(MT23) to be effective 8/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5450.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2093-000.
    Applicants: Westar Energy, Inc.
    Description: KEPCo Revision to Attachment A--Delivery Points (June
1, 2014) to be effective 6/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5454.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2094-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Shell Oil Products to be effective 5/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5458.

    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2095-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Air Liquide TX Agreements 692, 693, & 694 to be
effective 5/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5459.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2096-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Intel Corporation TX Agreements 687, 688 & 689 to be
effective 5/1/2014.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5460.
    Comments Due: 5 p.m. ET 6/20/14.

    Docket Numbers: ER14-2097-000.
    Applicants: Southern California Edison Company.
    Description: Notices of Cancellation for SGIA & DistribServAgmt
with Lancaster Little Rock D to be effective 5/21/2014.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5002.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2098-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: First Revised Service Agreement No. 3148; Queue No.
X1-021 to be effective 5/8/2014.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5081.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2099-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3839; Queue No. Y3-082
to be effective 5/6/2014.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5086.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2100-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: First Revised Service Agreement No. 3482; Queue No.
W3-080 to be effective 5/8/2014.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5107.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2101-000.
    Applicants: Northern States Power Company, a Minneso.
    Description: 2014-6-2 Fairfax I&I Amnd-477-0.1.0 to be effective 1/
1/2013.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5127.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2102-000.
    Applicants: Danskammer Energy, LLC.
    Description: MBR Petition to be effective 6/2/2014.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5180.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2103-000.
    Applicants: Arizona Public Service Company.
    Description: Rate Schedule No. 254--Amendment 1, Southwest Valley
500kV Project to be effective 8/2/2014 under ER14-2103.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5185.
    Comments Due: 5 p.m. ET 6/23/14.

    Docket Numbers: ER14-2104-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2028R8 Sunflower Electric Power Corporation NITSA NOA
to be effective 5/1/2014.
    Filed Date: 6/2/14.
    Accession Number: 20140602-5189.
    Comments Due: 5 p.m. ET 6/23/14.

    Take notice that the Commission received the following electric
reliability filings.

    Docket Numbers: RD14-10-000.
    Applicants: North American Electric Reliability Corp.
    Description: Motion to Discontinue Compliance Obligation of the
North American Electric Reliability Corporation in Response to
Paragraph 629 of Order No. 693.
    Filed Date: 5/30/14.
    Accession Number: 20140530-5484.
    Comments Due: 5 p.m. ET 6/19/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    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: June 2, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-13366 Filed 6-6-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42779-42787]
[FR Doc No: 2013-17103]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0754]

Authorization of Emergency Use of an In Vitro Diagnostic for
Detection of Middle East Respiratory Syndrome Coronavirus; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of an Emergency Use Authorization (EUA) (the Authorization)
for an in vitro diagnostic device for detection of Middle East
Respiratory Syndrome Coronavirus (MERS-CoV), formerly known as Novel
Coronavirus 2012 or NCV-2012. FDA is issuing this Authorization under
the Federal Food, Drug, and Cosmetic (the FD&C) Act, as requested by
the Centers for Disease Control and Prevention (CDC). The Authorization
contains, among other things, conditions on the emergency use of the
authorized in vitro diagnostic device. The Authorization follows the
determination by the Secretary of Health and Human Services (HHS) that
there is a significant potential for a public health emergency that has
a significant potential to affect national security or the health and
security of U.S. citizens living abroad and that involves MERS-CoV. On
the basis of such determination, the Secretary also declared that
circumstances exist justifying the authorization of emergency use of in
vitro diagnostics for detection of MERS-CoV subject to the terms of any
authorization issued under the FD&C Act. The Authorization, which
includes an explanation of the reasons for issuance, is reprinted in
this document.

DATES: The Authorization is effective as of June 5, 2013.

ADDRESSES: Submit written requests for single copies of the EUA to the
Office of Counterterrorism and Emerging Threats, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 4121, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the Authorization may be sent. See the SUPPLEMENTARY INFORMATION
section for electronic access to the Authorization.

FOR FURTHER INFORMATION CONTACT: Luciana Borio, Assistant Commissioner
for Counterterrorism Policy, Office of Counterterrorism and Emerging
Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
32, Rm. 4118, Silver Spring, MD 20993-0002, telephone<PHONE_NUMBER>
(this is not a toll free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3), as amended by the
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5),
allows FDA to strengthen the public health protections against
biological, chemical, nuclear, and radiological agents. Among other
things, section 564 of the FD&C Act allows FDA to authorize the use of
an unapproved medical product or an unapproved use of an approved
medical product in certain situations. With this EUAauthority, FDA can
help assure that medical countermeasures may be used in emergencies to
diagnose, treat, or prevent serious or life-threatening diseases or
conditions caused by biological, chemical, nuclear, or radiological
agents when there are no adequate, approved, and available
alternatives.

    Section 564(b)(1) of the FD&C Act provides that, before an EUA may
be issued, the Secretary of HHS must declare that circumstances exist
justifying the authorization based on one of the following grounds: (1)
A determination by the Secretary of Homeland Security that there is a
domestic emergency, or a significant potential for a domestic
emergency, involving a heightened risk of attack with a biological,
chemical, radiological, or nuclear agent or agents; (2) a determination
by the Secretary of Defense that there is a military emergency, or a
significant potential for a military emergency, involving a heightened
risk to U.S. military forces of attack with a biological, chemical,
radiological, or nuclear agent or agents; (3) a determination by the
Secretary of HHS that there is a public health emergency, or a
significant potential for a public health emergency, that affects, or
has a significant potential to affect, national security or the health
and security of U.S. citizens living abroad, and that involves a
biological, chemical, radiological, or nuclear agent or agents, or a
disease or condition that may be attributable to such agent or agents;
\1\ or (4) the identification of a material threat by the Secretary of
Homeland Security under section 319F-2 of the Public Health Service
(PHS) Act (42 U.S.C. 247d-6b) sufficient to affect national security or
the health and security of U.S. citizens living abroad.
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    \1\ As amended by the Pandemic and All-Hazards Preparedness
Reauthorization Act of 2013, the Secretary of HHS may make a
determination of a public health emergency, or a significant
potential for a public health emergency, under section 564 of the
FD&C Act. The Secretary is no longer required to make a
determination of a public health emergency under section 319 of the
PHS Act, 42 U.S.C. 247d, to support a determination made under
section 564 of the FD&C Act.
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    Once the Secretary has declared that circumstances exist justifying
an authorization under section 564 of the FD&C Act, FDA may authorize
the emergency use of a drug, device, or biological product if the
Agency concludes that the statutory criteria are satisfied. Under
section 564(h)(1) of the FD&C Act, FDA is required to publish, in the
Federal Register, a notice of each authorization, and each termination
or revocation of an authorization, and an explanation of the reasons
for the action. Section 564 of the FD&C Act permits FDA to authorize
the introduction into interstate commerce of a drug, device, or
biological product intended for use when the Secretary of HHS has
declared that circumstances exist justifying the authorization of
emergency use. Products appropriate for emergency use may include
products and uses that are not approved, cleared, or licensed under
sections 505, 510(k), or 515 of the FD&C Act (21 U.S.C. 355, 360(k),
and 360e) or section 351 of the PHS Act (42 U.S.C. 262). FDA may issue
an EUA only if, after consultation with the HHS Assistant Secretary for
Preparedness and Response, the Director of the National Institutes of
Health, and the Director of CDC (to the extent feasible and appropriate
given the applicable circumstances), FDA \2\ concludes: (1) That an
agent referred to in a declaration of emergency or threat can cause a
serious or life-threatening disease or condition; (2) that, based on
the totality of scientific evidence available to FDA, including data
from adequate and well-controlled clinical trials, if available, it is
reasonable to believe that: (A) The product may be effective in
diagnosing, treating, or preventing--(i) such disease or condition; or
(ii) a serious or life-threatening disease or condition caused by a
product authorized under section 564, approved or cleared under the
FD&C Act, or licensed under section 351 of the PHS Act, for diagnosing,
treating, or preventing such a disease or condition caused by such an
agent; and (B) the known and potential benefits of the product, when
used to diagnose, prevent, or treat such disease or condition, outweigh
the known and potential risks of the product, taking into consideration
the material threat posed by the agent or agents identified in a
declaration under section 564(b)(1)(D) of the FD&C Act, if applicable;
(3) that there is no adequate, approved, and available alternative to
the product for diagnosing, preventing, or treating such disease or
condition; and (4) that such other criteria as the Secretary of HHS may
by regulation prescribe are satisfied.
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    \2\ The Secretary of HHS has delegated the authority to issue an
EUA under section 564 of the FD&C Act to the Commissioner of Food
and Drugs.
---------------------------------------------------------------------------

    No other criteria of issuance have been prescribed by regulation
under section 564(c)(4) of the FD&C Act. Because the statute is self-
executing, regulations or guidance are not required for FDA to
implement the EUA authority.

II. EUA Request for an In Vitro Diagnostic for Detection of MERS-CoV

    On May 29, 2013, under section 564(b)(1)(C) of the FD&C Act (21
U.S.C. 360bbb-3(b)(1)(C)), the Secretary of HHS determined that there
is a significant potential for a public health emergency that has a
significant potential to affect national security or the health and
security of U.S. citizens living abroad and that involves MERS-CoV.
Also on May 29, 2013, under section 564(b)(1) of the FD&C Act, and on
the basis of such determination, the Secretary of HHS declared that
circumstances exist justifying the authorization of emergency use of in
vitro diagnostics for detection of MERS-CoV, subject to the terms of
any authorization issued under section 564 of the FD&C Act. On May 31,
2013, CDC requested, and on June 5, 2013, FDA issued, an EUA for the
CDC Novel Coronavirus 2012 Real-time RT-PCR Assay subject to the terms
of this authorization.

III. Electronic Access

    An electronic version of this document and the full text of the
Authorization are available on the Internet at http://www.regulations.gov.

IV. The Authorization

    Having concluded that the criteria for issuance of the
Authorization under section 564(c) of the FD&C Act are met, FDA has
authorized the emergency use of an in vitro diagnostic device for
detection of MERS-CoV subject to the terms of the Authorization. The
Authorization in its entirety (not including the authorized versions of
the fact sheets and other written materials) follows and provides an
explanation of the reasons for its issuance, as required by section
564(h)(1) of the FD&C Act:
BILLING CODE 4160-01-P

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[GRAPHIC] [TIFF OMITTED] TN17JY13.008

[GRAPHIC] [TIFF OMITTED] TN17JY13.009

    Dated: July 11, 2013.
Peter Lurie,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2013-17103 Filed 7-16-13; 8:45 am]
BILLING CODE 4160-01-C


[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 4161-4163]
[FR Doc No: 2021-00822]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90897; File No. SR-CboeBZX-2020-094]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
its Options and Equities Fees Schedules To Adopt a Provision Relating
to Billing Errors and Fee Disputes

January 11, 2021.
    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 December 31, 2020, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') 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 Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its options and equities fees
schedules to adopt a provision relating to billing errors and fee
disputes.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its options and equities fees
schedules to adopt a provision relating to billing errors and fee
disputes. Particularly, the Exchange proposes to provide that after
three calendar months, all fees and rebates assessed by the Exchange
would be considered final. More specifically, the Exchange would adopt
language in the fees schedules that would provide that all fees and
rebates assessed prior to the three full calendar months before the
month in which the Exchange becomes aware of a billing error shall be
considered final. Particularly, the Exchange will resolve an error by
crediting or debiting Members and Non-Members based on the fees or
rebates that should have been applied in the three full calendar months
preceding the month in which the Exchange became aware of the error,
including to all impacted transactions that occurred during those
months.\5\ The Exchange will apply the three month look back regardless
of whether the error was discovered by the Exchange or by a Member or
Non-Member that submitted a fee dispute to the Exchange. The Exchange
also proposes to provide all disputes concerning fees and rebates
assessed by the Exchange would have to be submitted to the Exchange in
writing and accompanied by supporting documentation.
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    \5\ For example, if the Exchange becomes aware of a transaction
fee billing error on January 4, 2021, the Exchange will resolve the
error by crediting or debiting Members based on the fees or rebates
that should have been applied to any impacted transactions during
October, November and December 2020. The Exchange notes that because
it bills in arrears, the Exchange would be able to correct the error
in advance of issuing the January 2021 invoice and therefore,
transactions impacted through the date of discovery (in this
example, January 4, 2021) and thereafter, would be billed correctly.
---------------------------------------------------------------------------

    The purpose of the proposed change is to encourage Members and Non-
Members to promptly review their Exchange invoices so that any disputed
charges can be addressed in a timely manner. The Exchange notes that it
provides Members with both daily and monthly fee reports and thus
believes they should be aware of any potential billing errors within
three months. Requiring that Members and Non-Members submit disputes in
writing and provide supporting documentation encourages them to
promptly review their invoices so that any disputed charges can be
addressed in a timely

manner while the information and data underlying those charges (e.g.,
applicable fees and order information) is still easily and readily
available. This practice will avoid issues that may arise when Members
or Non-Members do not dispute an invoice in a timely manner and will
conserve Exchange resources that would have to be expended to resolve
untimely billing disputes. As such, the proposed rule change would
alleviate administrative burdens related to billing disputes, which
could divert staff resources away from the Exchange's regulatory and
business purposes. The proposed rule change to provide all fees and
rebates are final after three calendar months also provides both the
Exchange and Members and Non-Members finality and the ability to close
their books after a known period of time.
    The Exchange notes that a number of exchanges have explicitly
stated that they consider all fees to be final after a similar period
of time.\6\ Additionally, several other exchanges have adopted similar
provisions in their rules that provide for a process for Members and
Non-Members to submit fee disputes.\7\ The proposed billing policy will
apply to all charges and rebates reflected in the Exchange's fees
schedules.
---------------------------------------------------------------------------

    \6\ See e.g. Securities Exchange Act Release No. 87650 (December
3, 2019), 84 FR 67304 (December 9, 2019) (SR-NYSECHX-2019-024);
Securities Exchange Act Release No. 84430 (October 16, 2018), 83 FR
53347 (October 22, 2018) (SR-NYSENAT-2018-23); and Securities
Exchange Act Release No. 79060 (October 6, 2016), 81 FR 70716
(October 13, 2016) (SR-ISEGemini-2016-11).
    \7\ See e.g. MEMX LLC, Rule 15.3, IEX Rule 15.120, Nasdaq Rule
Equity 7, Section 70, Nasdaq BX Rule Equity 7, Section 111, and
Nasdaq PHLX Rule Equity 7, Section 2.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange 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 regulating, clearing,
settling, processing information with respect to, and 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
---------------------------------------------------------------------------

    With respect to the proposed billing procedure, the Exchange
believes that the requirement to submit all billing disputes in
writing, and with supporting documentation is reasonable because the
Exchange provides Members with ample tools to monitor and account for
various charges incurred in a given month. Additionally, the Exchange
notes that most Members and Non-Members that pay exchange fees are
sophisticated entities, so it is appropriate to expect them to promptly
review their invoices for errors and to be capable of identifying such
errors.
    The proposed provision also promotes the protection of investors
and the public interest by providing a clear and concise mechanism for
Members and Non-Members to dispute fees and for the Exchange to review
such disputes in a timely manner. Moreover, the proposed billing
dispute language, which will lower the Exchange's administrative
burden, is similar to billing dispute language of other exchanges.\11\
In addition, the proposed billing procedure is fair, equitable, and not
unfairly discriminatory because it will apply equally to all Members
(and Non-Members that pay Exchange fees).
---------------------------------------------------------------------------

    \11\ See supra note 7.
---------------------------------------------------------------------------

    The Exchange also believes that providing that all fees and rebates
are final after three months (i.e., resolving billing errors only for
the three full calendar months preceding the month in which the
Exchange became aware of the error), is reasonable as both the Exchange
and Members and Non-Members have an interest in knowing when its fee
assessments are final and when reliance can be placed on those
assessments. Indeed, without some deadline on billing errors, the
Exchange and Members and Non-Members would never be able to close their
books with any confidence. Furthermore, as noted above, a number of
Exchanges similarly consider their fees final after a similar period of
time.\12\ The proposed change is also equitable, and not unfairly
discriminatory because it will apply equally to all Members (and Non-
Members that pay Exchange fees) and apply in cases where either the
Member (or Non-Member) discovers the error or the Exchange discovers
the error.
---------------------------------------------------------------------------

    \12\ See supra note 6.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. With respect to the billing
procedure and billing error policy, the proposed rule change would
establish a clear process that would apply equally to all Members.
Additionally, the proposed rule change is similar to rules of other
exchanges. The Exchange does not believe such proposed changes would
impair the ability of Members or competing order execution venues to
maintain their competitive standing in the financial markets. Moreover,
because the proposed changes would apply equally to all Members, the
proposal does not impose any burden on competition.

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

    No comments were solicited or received on the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) \14\ thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2020-094 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2020-094. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CboeBZX-2020-094 and should
be submitted on or before February 5, 2021.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-00822 Filed 1-14-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18825-18826]
[FR Doc No: 2017-08136]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0131]

Reports, Forms and Record Keeping Requirements Agency Information
Collection Activity Under OMB Review

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

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment.

DATES: Comments must be submitted on or before May 22, 2017.

ADDRESSES: Comments should be directed to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, Attention NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Michael Kuppersmith, National Highway
Traffic Safety Administration, Office of the Chief Counsel (NCC-0010),
(202) 366-5263, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The information collection submission
describes the nature of the information

collections and their expected burden. NHTSA published a 60-day Federal
Register notice for this collection on December 28, 2016 (81 FR 95729).
The agency received 0 comments on that notice.
    Title: Confidential Business Information.
    Type of Request: Reinstatement of a currently approved
collection.\1\
---------------------------------------------------------------------------

    \1\ NHTSA published a 60-day notice seeking a renewal of
Information Collection 2127-0025 on December 28, 2016. Because NHTSA
will be unable to submit the request for renewal of this collection
to OMB prior to the collection's expiration on April 30, 2017, we
are now requesting that the approval for this collection be
reinstated rather than requesting that the approval be renewed.
---------------------------------------------------------------------------

    Form Number: This collection of information uses no standard forms.
    Requested Expiration Date of Approval: Three (3) years from the
date of approval of the collection.
    OMB Control Number: 2127-0025.
    Frequency: Submission of information pursuant to this regulation
will depend on the frequency with which a given entity, such as a
manufacturer of motor vehicles or motor vehicle equipment, submits
information and a request that NHTSA hold the information confidential,
generally pursuant to Exemption 4 of the Freedom of Information Act
(FOIA), 5 U.S.C. 552(b)(4).
    Affected Public: This collection of information would apply to any
person who seeks to have NHTSA treat as confidential information
submitted to NHTSA either voluntarily or pursuant to a mandatory
information request issued by NHTSA. Thus, the collection of
information could apply to any of the entities over which NHTSA
exercises regulatory authority. Recent trends lead NHTSA to estimate
that it will receive approximately 500 requests for confidential
treatment per year throughout the duration of this collection. Large
manufacturers make the vast majority of requests for confidential
treatment.
    Abstract: NHTSA's Confidential Business Information (CBI) rule,
coupled with case law, has governed the submission of requests for
confidential treatment of information for over 20 years.
    Estimated Annual Burden: Using the above estimate of approximately
500 requests for confidentiality per year, with an estimated eight
hours of preparation to collect and provide the information, at an
assumed rate of $24.92 per hour, the annual estimated cost of
collecting and preparing the information necessary for 500 complete
requests for confidential treatment is about $99,680 (8 hours of
preparation x 500 requests x $24.92). Adding in a postage cost of
$3,325 (500 requests at a cost of $6.65 for postage (priority flat rate
envelope from USPS)), we estimate that it will cost $103,005 per year
for persons to prepare and submit the information necessary to satisfy
the confidential business information provisions of 49 CFR part 512.
    Requesters are not required to keep copies of any records or
reports submitted to us. As a result, the cost imposed to keep records
would be zero hours and zero costs.
    Number of Respondents: We estimate that there will be approximately
500 requests per year.
    Summary of the Collection of Information: Any entity seeking
confidential treatment for information submitted to NHTSA will be
required to request confidential treatment from NHTSA and to justify
that request. To obtain confidential treatment of submitted
information, the submitting entity must comply with the requirements in
NHTSA's CBI regulation and satisfy the requirements for one of the
exemptions provided under the FOIA, 5 U.S.C. 552(b).

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.
    A comment to OMB is most effective if OMB receives it within 30
days of publication.

    Issued in Washington, DC, under authority delegated in 49 CFR
part 1.95.

Jack Danielson,
Acting Deputy Administrator.
[FR Doc. 2017-08136 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59712-59713]
[FR Doc No: 2016-20796]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration Commercial Space Transportation
Advisory Committee--Public Teleconference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Commercial Space Transportation Advisory Committee
Teleconference.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, notice is
hereby given of a teleconference of the Commercial Space Transportation

Advisory Committee (COMSTAC). The Teleconference will take place on
Wednesday, September 14, 2016 starting at 3:00 p.m. Eastern Standard
Time and will last approximately one hour. The agenda and call-in
number will be posted at least one week in advance at http://www.faa.gov/go/ast.
    The purpose of this teleconference is to review draft legislation
proposed by Representative Jim Bridenstine, Oklahoma, 1st District,
that would authorize the Department of Transportation to perform an
enhanced version of its current payload review process and consult with
its interagency partners to ensure the compliance of proposed
commercial space activities with U.S. treaty obligations, and national
security and foreign policy interests. Examples of the types of
activities that could fall under this authority include commercial
space stations, satellite servicing, space resource utilization, and
operations beyond Earth orbit. The FAA recently used an ad-hoc version
of this approach to authorize a U.S. company to carry out the first
private mission on the Moon.
    Interested members of the public may submit relevant written
statements for the COMSTAC members to consider under the advisory
process. Statements may concern the issues and agenda items mentioned
above and/or additional issues that may be relevant for the U.S.
commercial space transportation industry. Interested parties wishing to
submit written statements should contact Michael Beavin, COMSTAC
Executive Director, (the Contact Person listed below) in writing (mail
or email) by September 9, 2016, so that the information can be made
available to COMSTAC members for their review and consideration before
the September 14 teleconference. Written statements should be supplied
in the following formats: one hard copy with original signature and/or
one electronic copy via email.
    An agenda will be posted on the FAA Web site at www.faa.gov/go/ast.
    Individuals who plan to participate and need special assistance
should inform the Contact Persons listed below in advance of the
meeting.

FOR FURTHER INFORMATION CONTACT:  Michael Beavin, telephone (202) 267-
9051; email<EMAIL_ADDRESS>FAA Office of Commercial Space
Transportation (AST-3), 800 Independence Avenue SW., Room 331,
Washington, DC 20591.
    Complete information regarding COMSTAC is available on the FAA Web
site at: http://www.faa.gov/about/office_org/headquarters_offices/ast/advisory_committee/.

    Authority:  Public Law 92-463, 5 U.S.C. App. 2.

    Issued in Washington, DC, August 24, 2016.
 George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2016-20796 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: January 12, 2010 (Volume 75, Number 7)]
[Notices]
[Page 1669-1670]
[DOCID:fr12ja10-93]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61294; File No. SR-NYSE-2009-135]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending NYSE Rule 18 To Eliminate the $500 Minimum Net Loss
Requirement for a Member Organization To Seek Compensation in the Event
of an Exchange System Failure

January 6, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 31, 2009, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 NYSE Rule 18 (``Compensation in
Relation to Exchange System Failure'') to eliminate the $500 minimum
net loss requirement for a member organization to seek compensation in
the event of an Exchange System failure. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, the Commission's Web site at http://www.sec.gov, and the
Exchange's Web site at http://www.nyse.com.

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

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

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

1. Purpose
    Through this filing, the Exchange proposes to amend NYSE Rule 18
(``Compensation in Relation to Exchange System Failure'') to eliminate
the $500 minimum net loss requirement for a member organization to seek
compensation in the event of an Exchange System failure. Member
organizations would therefore be permitted to submit a claim for
compensations without having to meet a minimum net loss threshold as
long as such claims meet the other criteria of NYSE Rule 18. \4\
---------------------------------------------------------------------------

    \4\ The Exchange notes that similar changes are proposed to the
rules of its affiliate, NYSE Amex LLC. See SR-NYSEAmex 2009-100.
---------------------------------------------------------------------------

    NYSE Rule 18 was established to provide a mechanism for member
organizations to receive compensation for losses sustained in relation
to an Exchange system failure.\5\ It provides that member organizations
that sustain a loss in relation to an Exchange system failure \6\ are
eligible to submit a claim, per incident, for compensation to the
Exchange if certain requirements are met. Specifically, pursuant to
NYSE Rule 18(a), claim is eligible for compensation if the Exchange's
Division of Floor Operations determines that: (i) A valid order was
accepted by the Exchange's systems; (ii) an Exchange system failure, as
defined in NYSE Rule 18(b), occurred during the execution of said
order; (iii) a member organization sustained a loss related to an
Exchange system failure; (iv) the net loss was at least $500; \7\ and
(v) the Exchange's Division of Floor Operations received from the
member organizations that sustained such loss, verbal \8\ notice by the
market opening on the next business day following the system failure
and written notice by the end of the third business day following the
system failure.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 55555 (March 27,
2007), 72 FR 16841 (April 5, 2007) (SR-NYSE-2007-09) (adopting the
rule and making the operation of the rule was retroactive to
September 1, 2006).
    \6\ Pursuant to NYSE Rule 18(b), a system failure is defined as
a malfunction of the Exchange's physical equipment, devices and/or
programming which results in an incorrect execution of an order or
no execution of an order that was received in Exchange systems.
Through this filing, the Exchange further seeks to change the word
``which'' in this subsection of the rule to ``that'' in order to
make it grammatically correct.
    \7\ As the Exchange gained experience with the administration of
NYSE Rule 18, it reviewed the members that were eligible to receive
compensation pursuant to the rule and made changes to allow more
member organizations eligible to submit claims. See Securities
Exchange Act Release No. 56718 (October 29, 2007), 72 FR 62506
(November 5, 2007) (SR-NYSE-2007-95) (reducing the minimum net loss
from $5,000 to $500).
    \8\ Through this filing the Exchange further seeks to change the
word ``verbal'' to the word ``oral'' to make clear that the initial
notice is not required in writing.
---------------------------------------------------------------------------

    The provision that the member organization sustain a minimum net
total loss of $500 requires the member organization to deduct any
profits received in relation to the same incident before submitting the
claim amount.\9\ Member organizations are not permitted to aggregate
losses incurred as a result of more than one system failure in order to
satisfy the $500 minimum claim requirement. As a result, certain member
organizations have been precluded from submitting claims for losses
sustained in relation to an Exchange system failure.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Release No. 59486 (March 2, 2009),
74 FR 10104 (March 9, 2009) (SR-NYSE-2009-16) (Clarifying among
other things, that if members and member organizations retain
profits from a system malfunction, then they are required to net
such profits against any losses from the same malfunction before
submitting any claims).
---------------------------------------------------------------------------

    The Exchange seeks to have the rule be even more inclusive of its
member organizations that may sustain a loss in the event of an
Exchange system failure. Based on its experience, the Exchange has
concluded that it is no longer necessary to prescribe a minimum net
loss in order for its member organizations to be eligible to submit
claims. Accordingly, the Exchange seeks to eliminate the minimum net
loss provision of NYSE Rule 18. The Exchange believes that this will
allow more member organizations opportunities to seek compensation for
losses sustained in relation to an Exchange system failure.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\10\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\11\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Exchange
believes the proposed rule change is in keeping with these principles
in that it serves to eliminate the minimum net loss threshold
requirement in relation to an Exchange system failure in order to be

more inclusive and provide more opportunities for member organizations
to be compensated for losses sustained in relation to an Exchange
system failure thus protecting investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    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 \12\ and Rule 19b-4(f)(6) thereunder.\13\
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 and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because doing so will allow member organizations to immediately seek
compensation for losses of less than $500 sustained in relation to an
Exchange system failure. For this reason, the Commission designates
that the proposed rule change become immediately operative.\16\
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 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-NYSE-2009-135 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-NYSE-2009-135. 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 such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NYSE-2009-135 and should be
submitted on or before February 2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-301 Filed 1-11-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 25, 2009 (Volume 74, Number 121)]
[Notices]
[Page 30345-30346]
[DOCID:fr25jn09-88]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60143; File No. SR-OC-2009-02]

Self-Regulatory Organizations; One Chicago, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Widening the Bid/
Ask Spread for Quoting Market-Makers

June 19, 2009.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-7 under the Act \2\ notice is hereby given
that on June 9, 2009, One Chicago, LLC (``OneChicago'' or ``OCX'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
OneChicago also has filed the proposed rule change with the Commodity
Futures Trading Commission (``CFTC'') under Section 5c(c) of the
Commodity Exchange Act \3\ on June 9, 2009.
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    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 17 CFR 240.19b-7.
    \3\ 7 U.S.C. 7a-2(c).
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I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    OneChicago is proposing to amend its Rule 515(n)(C)(1)(y) to change
the quoting requirements for Market Makers. Additionally, OCX is
proposing to amend its ``Market Maker Registration Policy and
Procedures'' to reflect this amendment.
    Presently a market-maker, when providing quotations, quotes with a
maximum bid/ask spread of no more than the greater of $0.20 (the ``20
Cent Spread'') or 150% of the bid/ask spread in the primary market for
the security underlying each Contract (the ``150% Spread''). The
proposed rule change will raise the 20 Cent Spread to $5. A copy of
this filing is available on the Exchange's Web site at http://
www.onechicago.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. OneChicago 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
    The purpose of this proposed rule change is to modify the quoting
requirements for OCX market makers. Presently a market-maker, when
providing quotations, quotes with a maximum bid/ask spread of no more
than the greater of the 20 Cent Spread or the150% Spread. The proposed
rule change will raise the 20 Cent Spread to $5. Currently, the
volatile market conditions have caused several OneChicago market makers
to either stop quoting in a particular name or seek relief from
OneChicago to widen their quotes to a competitive level, which could be
$5.
    The proposed rule change would harmonize the maximum bid/ask spread
requirements with those of the listed options exchanges, e.g. the
Chicago Board Options Exchange (CBOE) and the International Securities
Exchange (ISE). Both of those exchanges permit ``bidding and offering
so as to create differences of no more than $5 between the bid and
offering following the opening rotation * * *.''
    The Exchange believes that the 20 Cent Spread is no longer
necessary or appropriate considering the increased volatility of the
underlying securities. The Exchange further believes that the current
20 Cent Spread could have a negative effect on investors because market
makers, rather than complying with these requirements, will stop
quoting a security futures product altogether, leaving the investor
with the possibility of an illiquid position. The Exchange has been
able to mitigate this problem by granting ``relief'' from the 20 Cent
Spread ``during unusual market

conditions,'' \4\ such as those in the current environment.
Nevertheless, OCX believes that for the integrity of the marketplace,
that the $5 spread be codified.
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    \4\ Exchange Rule 515(n)(C)(1).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b)(5) of the
Act \5\ in that it is designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to protect investors and the public interest, and to remove impediments
to and perfect the mechanism for a free and open market and a national
market system. Further, this proposed rule change is nearly identical
to those of the CBOE \6\ and the ISE \7\ and therefore under Section
6(h)(3)(C), the requirements for listing standards and conditions for
trading for security futures must ``be no less restrictive than
comparable listing standards for options traded on a national
securities exchange * * *.''
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    \5\ 15 U.S.C. 78f (b)(5).
    \6\ CBOE Rule 8.7(b)(iv)(C).
    \7\ ISE Rule 803(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OneChicago does not believe that the proposed rule change will have
an impact on competition.

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

    Comments on the OneChicago proposed rule change have not been
solicited and none has been received.

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

    The proposed rule change will become effective on June 9, 2009. At
any time within 60 days of the date of effectiveness of the proposed
rule change, the Commission, after consultation with the CFTC, may
summarily abrogate the proposed rule change and require that the
proposed rule change be refilled in accordance with the provisions of
Section 19(b)(1) of the Act.\8\
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    \8\ 15 U.S.C. 78s(b)(1).
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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-OC-2009-02 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-OC-2009-02. 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 also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-OC-2009-02 and should be
submitted on or before July 16, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14958 Filed 6-24-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Notices]
[Pages 26610-26612]
[FR Doc No: 2015-11121]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0384]

Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces that 12 individuals have applied for a medical
exemption from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs). In accordance with the statutory
requirements concerning applications for exemptions, FMCSA requests
public comments on these requests. The statute and implementing
regulations concerning exemptions require that exemptions must provide
an equivalent or greater level of safety than if they were not granted.
If the Agency determines the exemptions would satisfy the statutory
requirements and decides to grant these requests after reviewing the
public comments submitted in response to this notice, the exemptions
would enable 12 individuals to operate CMVs in interstate commerce.

DATES: Comments must be received on or before June 8, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0384 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or 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., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has
published in 49 CFR part 381, subpart C final rules implementing the
statutory changes in its exemption procedures made by section 4007, 69
FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C,
FMCSA must publish a notice of each exemption request in the Federal
Register. The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted and any research reports,
technical papers and other publications

referenced in the application. The Agency must also provide an
opportunity to submit public comment on the applications for exemption.
---------------------------------------------------------------------------

    \1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
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    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed.
    The current provisions of the FMCSRs concerning hearing state that
a person is physically qualified to drive a CMV if that person

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5-1951.

49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).
    FMCSA also issues instructions for completing the medical
examination report and includes advisory criteria on the report itself
to provide guidance for medical examiners in applying the hearing
standard. See 49 CFR 391.43(f). The current advisory criteria for the
hearing standard include a reference to a report entitled ``Hearing
Disorders and Commercial Motor Vehicle Drivers'' prepared for the
Federal Highway Administration, FMCSA's predecessor, in 1993.\2\
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    \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
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FMCSA Requests Comments on the Exemption Applications

    FMCSA requests comments from all interested parties on whether a
driver who cannot meet the hearing standard should be permitted to
operate a CMV in interstate commerce. Further, the Agency asks for
comments on whether a driver who cannot meet the hearing standard
should be limited to operating only certain types of vehicles in
interstate commerce, for example, vehicles without air brakes. The
statute and implementing regulations concerning exemptions require that
the Agency request public comments on all applications for exemptions.
The Agency is also required to make a determination that an exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption
before granting any such requests.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2014-0384'' and
click the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0384'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

Information on Individual Applicants

Thomas M. Carr

    Mr. Carr, 50, holds a Class B commercial driver's license (CDL) in
Pennsylvania.

Randy Ray Griffin

    Mr. Griffin, 50, holds an operator's license in California.

William Hall

    Mr. Hall, 35, holds an operator's license in Alabama.

Robert Chance Hayden

    Mr. Hayden, 29, holds an operator's license in Florida.

Robert J. Knapp

    Mr. Knapp, 47, holds an operator's license in Wisconsin.

Keith P. Miller

    Mr. Miller, 37, holds an operator's license in Pennsylvania.

Ramoncito Sanchez

    Mr. Sanchez, 34, holds an operator's license in Texas.

Bradly D. Sexton

    Mr. Sexton, 36, holds an operator's license in Oklahoma.

Sandy L. Sloat

    Ms. Sloat, 34, holds an operator's license in Texas.

Robert A. Toler

    Mr. Toler, 31, holds an operator's license in Missouri.

Jeffry B. Webber

    Mr. Webber, 53, holds an operator's license in Oklahoma.

Michael K. Wilkes

    Mr. Wilkes, 50, holds an operator's license in Massachusetts.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment from all interested persons on the exemption
petitions described in this notice. The Agency will consider all
comments received before the close of business June 8, 2015. Comments
will be available for examination in the docket at the location listed
under the ADDRESSES section of this notice. The Agency will file
comments received after the comment closing date in the public docket,
and will consider them to the extent practicable. In addition to late
comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested

persons should monitor the public docket for new material.

    Issued on: May 4, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-11121 Filed 5-7-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Notices]
[Page 19180]
[DOCID:fr13ap06-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-320-068]

Gulf South Pipeline Company, LP; Notice of Negotiated Rate Filing

April 6, 2006.
    Take notice that on March 31, 2006, Gulf South Pipeline Company, LP
(Gulf South) filed with the Commission a negotiated rate contract
between Gulf South and Atmos Energy Resources Corp., (Atmos), Contract
No. 29865, effective April 1, 2006.
    Gulf South states that copies of the filing have been served upon
all parties on the official service list created by the Secretary in
this proceeding.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5457 Filed 4-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Rules and Regulations]
[Pages 70360-70362]
[FR Doc No: 2012-28033]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0339; Directorate Identifier 2011-SW-051-AD;
Amendment 39-17259; AD 2012-23-03]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Eurocopter France (Eurocopter) Model SA.315B Alouette III, SE.3160
Alouette III, SA.316B Alouette III, SA.316C Alouette III, SA.319B
Alouette III, SA 3180-ALOUETTE ASTAZOU, SA 318B-ALOUETTE ASTAZOU, and
SA 318 C-ALOUETTE ASTAZOU helicopters. This AD requires inspecting the
cage of the free-wheel assembly for the correct alignment of the roller
drive pocket recesses and replacing the free-wheel cage with an
airworthy free-wheel cage if a defect exists. This AD was prompted by
incorrect positioning of the roller drive pocket recesses on the tail
rotor drive shaft free-wheel cage, which caused a pilot to experience a
heavy jerk in the yaw control during in-flight autorotation training.
The requirements of this AD are intended to prevent a loss of tail
rotor drive and subsequent loss of control of the helicopter.

DATES: This AD is effective December 31, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of December 31,
2012.

ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>,
or at http://www.eurocopter.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.
    Examining the AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov or in person at the Docket
Operations Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
the Docket Operations Office (phone:<PHONE_NUMBER>) is U.S. Department
of Transportation, Docket Operations Office, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aerospace Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On March 29, 2012, at 77 FR 18967, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 to include an AD that would apply to Eurocopter Model
SA.315B Alouette III, SE.3160 Alouette III, SA.316B Alouette III,
SA.316C Alouette III, SA.319B Alouette III, SA 3180-ALOUETTE ASTAZOU,
SA 318B-ALOUETTE ASTAZOU, and SA 318C-ALOUETTE ASTAZOU helicopters.
That NPRM proposed to require inspecting the cage of the free-wheel
assembly for the correct alignment of the roller drive pocket recesses
and replacing the free-wheel cage with an airworthy free-wheel cage if
a defect exists. The proposed requirements were intended to prevent a
loss of tail rotor drive and subsequent loss of control of the
helicopter.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2011-0143, dated July 26, 2011 (AD 2011-0143), to correct an unsafe
condition for Eurocopter helicopters. EASA advises that during in-
flight autorotation training, a pilot experienced a heavy jerk in the
yaw control at the time of resynchronization. The free-wheel assembly
of the helicopter had been replaced shortly before this flight.
Internal inspection of the free-wheel assembly revealed incorrect
positioning of the roller drive pocket recesses on the free-wheel cage.
The subsequent off-

setting restricts the travel of the roller on its ramp and can cause,
under high torque conditions, free-wheel slippage.
    This condition, if not corrected, could result in a temporary loss
of rotor drive, jeopardizing flight safety, especially in phases of
flight close to the ground.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (77 FR 18967,
March 29, 2012).

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by the EASA and determined the unsafe condition
exists and is likely to exist or develop on other helicopters of these
same type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    The EASA AD requires compliance within 110 flight hours or 5
months, whichever occurs first. This AD does not impose a calendar time
requirement.

Related Service Information

    Eurocopter has issued Alert Service Bulletin (ASB) No. Alouette-
65.149, Revision 0, dated March 23, 2011, for model 3130, 313B, 3180,
318B, 318C, 3160, 316B, 316C, 319C and 319B helicopters; and ASB No.
SA315-65.48, Revision 0, dated March 23, 2011, for model 315B
helicopters, which specify removing and disassembling the free-wheel
assembly to check the free-wheel cage for correct positioning. EASA
classified these ASBs as mandatory and issued AD 2011-0143 to ensure
the continued airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD will affect 63 helicopters of U.S.
Registry and that operators may incur the following costs to comply
with this AD.
     Inspecting the free-wheel cage assembly will require 8
work-hours at an average labor rate of $85 per hour, and required parts
will cost $13, for a total cost per helicopter of $693, and a total
cost to the U.S. operator fleet of $43,659.
     Modifying any affected free-wheel cage assembly will
require 8 work hours and required parts will cost $1,986, for a total
cost per helicopter of $2,666.

Authority for this Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (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);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2012-23-03 Eurocopter France Helicopters: Amendment 39-17259; Docket
No. FAA-2012-0339; Directorate Identifier 2011-SW-051-AD.

(a) Applicability

    This AD applies to Model SA.315B Alouette III, SE.3160 Alouette
III, SA.316B Alouette III, SA.316C Alouette III, SA.319B Alouette
III, SA 3180-ALOUETTE ASTAZOU, SA 318B-ALOUETTE ASTAZOU, and SA 318
C-ALOUETTE ASTAZOU helicopters with a free-wheel cage, part number
(P/N) 3130S60-10-003 installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as incorrect positioning of
the roller drive pocket recesses on the cage of the tail-rotor
driveshaft free-wheel assembly. This condition could result in loss
of tail rotor drive and subsequent loss of control of the
helicopter.

(c) Effective Date

    This AD becomes effective December 31, 2012.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 110 hours time-in-service:
    (1) Remove the free-wheel assembly and pull out the free-wheel
driven head.
    (2) Inspect the free-wheel cage for correct alignment of the
roller drive pocket recesses in accordance with Figure 2 of
Eurocopter Alert Service Bulletin (ASB) No. SA315-65.48, Revision 0,
or Eurocopter ASB No. ALOUETTE-65.149, Revision 0, both dated March
23, 2011, as appropriate for your model helicopter.
    (3) If the right edge of the tab is in line with the right edge
of the pocket recess, before further flight, replace the free-wheel
cage with an airworthy free-wheel cage.
    (4) Do not install an affected free-wheel assembly on any
helicopter, unless the cage has passed inspection in accordance with
paragraph (e)(2) through (e)(3) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Rao Edupuganti, Aerospace
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas

76137, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2011-0143, dated July 26, 2011.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6700: Tail Rotor
Drive System.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin (ASB) No. SA315-65.48,
Revision 0, dated March 23, 2011.
    (ii) Eurocopter ASB No. ALOUETTE-65-149, Revision 0, dated March
23, 2011.
    (3) For Eurocopter service information identified in this AD,
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand
Prairie, TX 75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax
(972) 641-3775, or at http://www.eurocopter.com/techpub.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room
663, Fort Worth, Texas 76137.
    (5) You may also view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on November 5, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2012-28033 Filed 11-23-12; 8:45 am]
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