[Federal Register: February 6, 2007 (Volume 72, Number 24)]
[Notices]
[Page 5469-5472]
[DOCID:fr06fe07-65]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55195; File No. SR-Amex-2006-117]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Relating to Transaction Charges for
Equities and ETFs

January 30, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 20, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. Amex has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by a self-regulatory
organization pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. On January 26, 2007, the Exchange
submitted Amendment No. 1 to the proposed rule change.\5\ The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
    \5\ In Amendment No. 1, the Exchange made clean-up changes to
its proposed rule text.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise the equities and Exchange Traded
Fund Shares (``ETFs'') Fee Schedules to establish new transaction
charges and revise the cancellation fee charged for cancellations of
orders in equities and ETFs.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.amex.com/atamex/

ruleFilings/2006/SR--Amex-- 2006--117--initial.pdf), 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 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 implementation of the new hybrid market trading platform (known
as ``AEMI''), the adoption and implementation of Regulation NMS by the
Commission, and changes in the competitive landscape have resulted in a
review by the Exchange of the fee schedule for equities and ETFs. The
full costs of execution are a major factor in determining where order
flow providers direct their orders. The Exchange will impose the new
transaction charges on its members and member organizations effective
January 2, 2007. The Exchange is currently in the process of moving its
equities and ETFs on to the AEMI trading system. The new fees will
apply to all equities and ETFs regardless of whether they have been
moved on to AEMI. It is expected that by January 2, 2007, approximately
one-quarter of the Exchange's equities and ETFs will be trading on
AEMI.

Transaction Charges for Equities and ETFs

    Currently, Amex transaction charges for equities and ETFs are
assessed for all market participants monthly on a per-share basis with
the application of various caps and discounts. The Exchange proposes to
revise the manner in which transaction charges are applied in order to
encourage market participants to send order flow to the Exchange and
provide liquidity (i.e., quotes and limit orders) at and around the
National Best Bid and Offer (``NBBO''). The Amex Fee Schedule currently
has separate schedules for equities and ETFs, and although the proposed
new fees will be the same for both product lines, the Exchange has
decided to continue to maintain two separate Fee Schedules. Each Fee
Schedule will be separated into two schedules one with the transaction
charges for customers and the other with transaction charges for
Specialists and Registered Traders.

Transaction Charges for Customers

    Transaction charges for customers \6\ for executions in equities
and ETFs will be divided into two tiers based on the average daily
volume of each security as reported by the appropriate NMS Plan in the
security industry-wide. As described below, the transaction charges
will vary within each tier depending on the type of orders submitted
for the customer account and the types of quotes and orders submitted
for Specialist and Registered Trader accounts.
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    \6\ Customers will be defined for purposes of the proposed new
fee schedule to include all market participants except Specialists
and Registered Traders. Therefore, customers (and the fees charged
to them) will include members, off-floor proprietary accounts,
competing market makers, and other member and non-member broker-
dealers.
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Tier One Pricing for Customers

    Tier One pricing will be applied to all Amex-listed securities
(equities and ETFs) whose industry-wide average daily trading volume is
500,000 shares or greater during the previous rolling quarter. In
addition, Tier One pricing will apply to all securities traded on the
Exchange pursuant to unlisted trading privileges (``UTP'') regardless
of the their average daily trading volume. All new listings including
IPOs, transfers, and dual listings will initially be categorized as
Tier One securities until the next quarterly recalculation. Based on
third quarter average daily trading volumes, 55 Amex listed equities,
84 ETFs, and over 100 UTP securities would have been eligible for Tier
One pricing. These Tier One securities currently represent
approximately 60% of Amex daily volume. Determining whether a security
receives Tier One pricing will be based on 12 weeks of trading data.
Two weeks prior to the start of a calendar quarter the Exchange will
announce which securities will be eligible for Tier One pricing during
the next quarter beginning with the first trading day of the calendar
quarter. For example, Tier One securities (except UTP securities) for
the second quarter of 2007 will be determined based on average daily
trading volume for the period beginning December 13, 2006 and ending
March 14, 2007. An announcement will be made on March 15, 2007 setting
forth the securities eligible for Tier One pricing effective April 1,
2007. The list of Tier One eligible securities will also be available
on the Amex Web site.
    Transaction charges for executions by customers of Tier One
securities will vary depending on the type of order submitted to Amex.
There will be no transaction charges for the execution of cross orders
\7\ occurring within the AEMI trading system (``electronic crosses'').
The lowest fees will be charged for the execution of limit orders \8\
which are not immediately executable when submitted to the Exchange and
whose limit is near, at, or improves the prevailing national best bid
(for buy orders) or the national best offer (for sell orders)
(collectively, the NBBO) at the time of order entry. As set forth in
the revised Fee Schedule, transaction charges for the execution of
limit orders (1) at the current NBBO or that betters the current NBBO
will be $0.03 per 100 shares; (2) within three minimum price variations
or ``ticks'' of the NBBO will be $0.05 per 100 shares; and (3) all
other limit orders at prices outside three ticks from the NBBO will be
$0.10 per 100 shares. Orders that are submitted prior to the opening of
trading at 9:30 a.m. when NBBO data is not available will be charged as
follows: the execution of market orders will be charged $0.25 per 100
shares, and the execution of all limit orders will be charged $0.03 per
100 shares (regardless of limit price). Transaction charges for
negotiated \9\ and open-outcry cross transactions \10\ will be $0.15
per 100 shares. Transaction charges for the execution of market,\11\
marketable limit orders, and any other orders that take liquidity out
of the market will be $0.25 per 100 shares. Similarly, transaction
charges for at the opening-only orders

(OPG) \12\ and at-the-close orders (MCC, MOC, and LOC) \13\ will be
$0.25 per 100 shares.
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    \7\ A cross order is defined in Amex Rule 131-AEMI(r) as ``* *
*an order submitted by a member or member organization to AEMI with
buy and sell interest specified in a single order.''
    \8\ A limit order is defined in Amex Rules 131(b) and 131-
AEMI(b) as ``* * *an order to buy or sell a stated amount of a
security at a specified price, or at a better price if obtainable
after the order is represented in the Trading Crowd or is received
in the AEMI Book.''
    \9\ Negotiated Trades are one-to-one trades between two crowd
members.
    \10\ Open Outcry Cross Transactions are discussed in Amex Rule
151-AEMI and occur when a member executes a customer order to buy
against a customer order to sell outside the AEMI system or in open
outcry.
    \11\ A market order is defined in Amex Rules 131(a) and 131-
AEMI(a) as ``* * *an order to buy or sell a stated amount of a
security at the most advantageous price obtainable after the order
is presented in the trading crowd or is received in the AEMI Book.''
    \12\ An at the opening order is defined in Amex Rules 131(f) and
131-AEMI(e) as ``* * *a market or limited price order which is to be
executed on the opening in the stock on the Exchange or not at all,
and any such order or portion thereof not so executed is to be
treated as cancelled.''
    \13\ At-the-close orders are defined in Amex Rules 131(e), 131,
Commentary .03, 131-AEMI(d) and 131-AEMI, Commentary 03. There are
three types of at the close orders, market-at-the-close, limit-at-
the-close, and market-at-4:00-p.m. cash-close. A market-at-the-close
(MOC) order is an order to buy or sell a stated amount of a security
at the Exchange's closing price. If the MOC order cannot be executed
in its entirety at the Exchange closing price it will be cancelled.
A limit-at-the-close (LOC) order is an order to buy or sell a stated
amount of a security at the Exchange's closing price if that closing
price is at the order's limit price, or better. If the LOC order
cannot be so executed, in whole or in part, the amount of the order
not so executed is to be cancelled. A market-at-4:00-p.m. cash-close
(MCC) order is an order in an ETF that trades to 4:15, which is to
be executed at or as close as practicable to the close of the
regular equity trading session on the Exchange (normally 4 p.m.
Eastern Time.)
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    The Exchange proposes to revise its traditional way of assessing
transaction charges in order to provide incentives for liquidity
providers to send limit orders in the most active securities to the
Exchange at and around the NBBO. The Exchange believes that liquidity
takers, market participants who send in market orders or marketable
limit orders for immediate execution at the NBBO or better, should pay
for the service of accessing liquidity at the best possible price.

Tier Two Pricing for Customers

    Tier Two pricing will be applied to all Amex-listed securities
(equities and ETFs) whose industry-wide average daily trading volume is
less than 500,000 shares during the previous rolling quarter.
Transaction charges for executions by customers of Tier Two securities
will be $0.30 per 100 shares for limit orders, market orders, and at-
the-opening and at-the-close orders, and $0.25 per 100 shares for
electronic crosses, open-outcry cross transactions, and negotiated
transactions.

Transaction Charges for Specialists and Registered Traders

    Transaction charges for executions by Specialists and Registered
Traders of all equities and ETFs will vary depending on the type of
order or quote submitted to Amex. The lowest fee of $0.03 per 100
shares will be charged for an execution against a Specialist or
Registered Trader quote that had been entered at the NBBO and for
negotiated trades. A transaction charge of $0.05 per 100 shares will be
charged for all other Specialist and Registered Trader executions,
including executions against a Specialist or Registered Trader quote
that is within three or more ticks of the NBBO, executions of hit-or-
take orders,\14\ executions in which the Specialist and/or Registered
Trader has participated in a percentage order,\15\ intraday pair-offs,
and the pair-offs of at-the-opening or at-the-close orders. Transaction
charges for Specialists and Registered Traders are at lower rates in
order to encourage them to quote more competitively and make more
liquid markets.
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    \14\ Hit-or-take orders are defined in Amex Rule 131-AEMI(t) and
are available only for securities trading on the AEMI system. A hit-
or-take order is a type of order that is available to any member to
trade against the Amex Published Quote (``APQ''). It is an order
that expires if not immediately executed but that is capable of
generating away market obligations to clear better away markets.
    \15\ A percentage order is defined in Rules 131(n) and 131-
AEMI(m) as ``* * *a limited price order to buy (or sell) 50% of the
volume of a specified stock after its entry.''
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Revisions to Cancellation Fees

    Currently, the executing clearing member is charged $0.25 for every
equities and ETF order sent for a mnemonic and cancelled through Amex
systems in a given month when the total number of equities and ETF
orders executed for that mnemonic is less than or equal to 10% of the
equities and ETF orders cancelled through Amex systems for that
mnemonic in that same month. The fee does not apply to mnemonics for
which fewer than 100,000 orders were cancelled through Amex systems and
does not apply to the first 100,000 cancellations submitted for a
mnemonic. To align the Exchange's cancellation fee with others in the
industry, the proposed cancellation fee for orders and cancellations
sent to Amex in equities and ETFs will be revised to apply to each
clearing member mnemonic whose ratio of cancellations to executions is
greater than 50-to-one. However, the Exchange also proposes to
eliminate the 100,000 cancellation threshold, and the charge of $0.25
per cancellation will apply to all cancellations beyond the 50-to-one
ratio for that mnemonic. Thus, the proposed cancellation fee will apply
to fewer clearing member mnemonics since the ratio of cancellations to
executions is higher than the current ratio and the proposed
cancellation fees are applicable on a marginal basis. For example, if a
clearing member executes two orders and cancels 120 orders in a
mnemonic, the clearing member will be assessed a cancellation fee only
on 20 cancellations.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\16\ in general, and furthers the objectives of Section
6(b)(4),\17\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using facilities.
Specifically, the Exchange is proposing to establish new transaction
charges for equities and ETFs and revise its cancellation fees.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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 foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act \18\ and Rule 19b-4(f)(2) thereunder
\19\ because it establishes or changes a due, fee, or other charge
imposed by the Exchange. 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.\20\
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    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \19\ 17 CFR 19b-4(f)(2).
    \20\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change, the
Commission considers the period to commence on January 26, 2007, the
date on which the Exchange filed Amendment No. 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 No. SR-Amex-2006-117 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Amex-2006-117. 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 Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of Amex. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-Amex-2006-117 and should be submitted on or before February 27,
2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-1830 Filed 2-2-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: July 10, 2006 (Volume 71, Number 131)]
[Notices]
[Page 38911-38913]
[DOCID:fr10jy06-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54081; File No. SR-Amex-2006-60]

Self-Regulatory Organizations; America Stock Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Extension of the Pilot Period Applicable to the Listing
and Trading of Options on the iShares MSCI Emerging Markets Index

June 30, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 20, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Amex has
filed the proposed rule change, pursuant to section 19(b)(3)(A)(iii) of
the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon

filing with the Commission.\5\ 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).
    \5\ The Exchange requested the Commission to waive the five-day
pre-filing notice requirement and the 30-day operative delay, as
specified in Rule 19b(f)(6)(iii). 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the pilot period applicable to
Amex's the listing and trading of options on the iShares MSCI Emerging
Markets Index Fund (``Fund Options''). The Amex is not proposing any
textual changes to the rules of Amex. The text of the proposed rule
change is available on the Amex's Web site at http://www.amex.com, the

Office of the Secretary, Amex 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, Amex 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 Amex 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On May 17, 2006, the Commission approved the Amex's proposal to
list and trade the Fund Options.\6\ SR-Amex-2006-43 was approved for a
sixty-day pilot period that is due to expire on July 2, 2006
(``Pilot''). The Fund Options will continue to meet substantially all
of the listing and maintenance standards in Commentary .06 to Amex Rule
915 and Commentary .07 to Amex Rule 916. For the requirements that are
not met, the Amex continues to represent that sufficient mechanisms
exist that would provide the Amex with adequate surveillance and
regulatory information with respect to the Fund Options. Continuation
of the Pilot would permit the Amex to continue to work with the Bolsa
Mexicana de Valores (``Bolsa'') to develop a surveillance sharing
agreement.
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    \6\ See Securities Exchange Act Release No. 53824 (May 17,
2006), 71 FR 30003 (May 24, 2006) (SR-Amex-2006-43).
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    Accordingly, the Exchange proposes to extend the Pilot for an
additional ninety-days, until October 1, 2006.
2. Statutory Basis
    The Amex believes the proposed rule change is consistent with
section 6(b) of the Act \7\ in general, and furthers the objectives of
section 6(b)(5) of the Act,\8\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in 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; and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers, or to regulate by virtue of any authority conferred by the Act
matters not related to the purpose of the Act or the administration of
the Amex.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Amex 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 foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) \10\ thereunder because
the proposed rule change: (i) Does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) does not become
operative for 30 days from the date of the filing, or such shorter time
as the Commission may designate if consistent with the protection of
investors and the public interest pursuant to section 19(b)(3)(A)(iii)
of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
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    Amex has requested that the Commission waive both the five-day pre-
filing requirement and the 30-day delayed operative delay.\13\ The
Commission is exercising its authority to waive the five-day pre-filing
notice requirement and believes that the waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest. Waiver of the five-day pre-filing and 30-day operative
periods will extend the Pilot, which would otherwise expire on July 1,
2006, and allow the Amex to continue in its efforts to obtain a
surveillance agreement with Bolsa. Accordingly, the Commission
designates the proposal to be effective and operative upon filing with
the Commission.\14\
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within sixty (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.\15\
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    \15\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
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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-Amex-2006-60 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2006-60. 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 Section, 100 F Street, NE., Washington,
DC 20549. Copies of such filing also will be available for inspection
and copying at the principal office of the Amex. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Amex-2006-60 and should be submitted on
or before July 31, 2006.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\16\
Nancy M. Morris,
Secretary.
[FR Doc. E6-10684 Filed 7-7-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Rules and Regulations]
[Page 53857-53859]
[DOCID:fr02se10-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0825; Directorate Identifier 2010-SW-072-AD;
Amendment 39-16410; AD 2010-16-51]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model SA330J
Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 2010-16-51, which was sent
previously to all known U.S. owners and operators of Eurocopter France
(Eurocopter) Model SA330J helicopters by individual letters. This AD
requires, within 10 hours time-in-service (TIS), inspecting for a gap
between the main gearbox (MGB) oil cooling fan assembly (fan) rotor
blade and the upper section of the guide vane bearing housing. This
inspection must be accomplished by using a feeler gauge attached to a
rigid rod. If the feeler gauge cannot be inserted between the blade and
the housing, this AD requires replacing the two fan rotor shaft
bearings with two airworthy bearings. This AD is prompted by the
separation of a fan rotor blade that caused puncture holes in the
transmission deck. This condition, if not corrected, could lead to
damage to the hydraulic lines and flight controls, and subsequent loss
of control of the helicopter.

DATES: Effective September 17, 2010, to all persons except those
persons to whom it was made immediately effective by Emergency AD 2010-
16-51, issued on July 19, 2010, which contained the requirements of
this amendment.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 17, 2010.
    Comments for inclusion in the Rules Docket must be received on or
before November 1, 2010.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX
75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://
www.eurocopter.com.
    Examining the docket: You may examine the docket that contains the
AD, any comments, and other information 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 Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aviation Safety
Engineer, Rotorcraft Directorate, Regulations and Policy Group, 2601
Meacham Blvd., Fort Worth, Texas 76137, telephone<PHONE_NUMBER>, fax
(817) 222-5961.

SUPPLEMENTARY INFORMATION: On July 19, 2010, we issued Emergency AD
2010-16-51 for Eurocopter Model SA330J helicopters, which requires,
within 10 hours TIS, inspecting for a gap between the MGB fan rotor
blade and the upper section of the guide vane bearing housing over the
entire width of the blade. The inspection must be accomplished by using
a 0.2 millimeter (mm) (0.008 inch) feeler gauge attached to a rigid
rod. If the feeler gauge cannot be inserted between the upper blade and
the upper housing, the Emergency AD requires replacing the two fan
rotor shaft bearings with two airworthy bearings. That action was
prompted by a rotor burst of MGB oil fan. Investigation of the incident
has shown that some fan rotor blades struck the upper area of the guide
vane bearing housing of the fan and separated from the rotor, striking
the MGB compartment environment, and punctured holes in the
transmission deck. This interference was due to internal degradation of
the bearings of the fan rotor shaft. This condition, if not corrected,
could lead to fan rotor burst, damage to the hydraulic lines and flight
controls, 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 Community, notified us that
an unsafe condition may exist on these helicopter models. EASA advises
of a case of rotor burst of a fan. Investigation has shown that some
fan rotor blades interfered with the upper area of the guide vane
bearing housing of the fan. The blades detached from the rotor,
impacted the MGB compartment environment, and punctured holes in the
transmission deck. This interference was due to internal degradation of
the bearings of

the fan rotor shaft. EASA states that this condition, if not corrected
could lead to fan rotor burst and possibly result in damage to
hydraulic pipes and flight controls located nearby the MGB cooling fan.
    Eurocopter has issued Emergency Alert Service Bulletin No. 05.96,
dated July 12, 2010 (EASB), for Model SA330J helicopters and for non-
FAA type-certificated Model SA330Ba, Ca, Ea, L, Jm, S1, and Sm military
helicopters. The EASB specifies checking for a minimum play of 0.2
millimeters (mm) between a fan blade and the guide vane bearing housing
using a locally manufactured tool. The EASB also states that if the
minimum play is not complied with, replace the two bearings of the fan
rotor shaft. EASA classified the EASB as mandatory and issued AD No.
2010-0147-E, dated July 14, 2010, to ensure the continued airworthiness
of these helicopters. This AD differs from EASA Emergency AD No. 2010-
0142-E in that we use the term ``hours time-in-service'' rather than
``flight hours.'' Also, for clarification, we specify inspecting for a
``gap'' rather than checking for ``play.''
    This helicopter model is manufactured in France and is type
certificated for operation in the United States under the provisions of
14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the
applicable bilateral agreement, EASA has kept us informed of the
situation described above. We have examined the findings of EASA,
reviewed all available information, and determined that AD action is
necessary for helicopters of this type design that are certificated for
operation in the United States.
    Since the unsafe condition described is likely to exist or develop
on other Eurocopter Model SA330J helicopters of the same type design,
we issued Emergency AD 2010-16-51 to prevent a rotor burst of the MGB
fan, damage to the hydraulic lines and flight controls, and subsequent
loss of control of the helicopter. The Emergency AD requires, within 10
hours TIS, using a 0.2 mm (0.008 inch) feeler gauge attached to a rigid
rod, inspecting for a gap between a fan rotor blade and the upper
section of the guide vane bearing housing over the entire width of the
blade. If the feeler gauge can be inserted between the blade and the
housing (a gap greater than or equal to 0.2 mm), no further action is
required. If the feeler gauge cannot be inserted between the blade and
the housing (a gap less than 0.2 mm), replacing the two fan rotor shaft
bearings with two airworthy bearings is required. After installing
airworthy bearings, reinspecting the gap to ensure there is sufficient
clearance between the blade and the housing is also required. The
actions must be accomplished by following specified portions of the
EASB described previously.
    The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
structural integrity and controllability of the helicopter. Therefore,
the actions previously described are required within a very short time
period, and this AD must be issued immediately.
    Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual letters
issued on July 19, 2010 to all known U.S. owners and operators of
Eurocopter Model SA330J helicopters. These conditions still exist, and
the AD is hereby published in the Federal Register as an amendment to
14 CFR 39.13 to make it effective to all persons.
    We estimate that this AD will affect 12 helicopters of U.S.
registry. Each inspection will take approximately 2 work hours.
Replacing both bearings on each helicopter will take approximately 6
work hours. The average labor rate is $85 per work hour. Required parts
will cost approximately $935 per helicopter (2 bearings per
helicopter). Based on these figures, we estimate the total cost impact
of the AD on U.S. operators to be $19,380 ($1,615 per helicopter,
assuming 1 inspection and replacement of both bearings on each
helicopter).

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2010-0825; Directorate
Identifier 2010-SW-072-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have determined that 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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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. See the AD docket to examine the economic evaluation.

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 products identified in this
rulemaking action.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration

amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2010-16-51 EUROCOPTER FRANCE: Amendment 39-16410. Docket No. FAA-
2010-0825; Directorate Identifier 2010-SW-072-AD.

    Applicability: Model SA330J helicopters, certificated in any
category.
    Compliance: Required as indicated.
    To prevent rotor burst of the main gearbox (MGB) oil cooling fan
assembly (fan), damage to the hydraulic lines and flight controls,
and subsequent loss of control of the helicopter, do the following:
    (a) Within 10 hours time-in-service (TIS), unless accomplished
previously, and thereafter at intervals not to exceed 10 hours TIS,
using a 0.2 millimeter (mm) (0.008 inch) feeler gauge attached to a
rigid rod, inspect for a minimum gap of 0.2 mm between a fan rotor
blade and the upper section of the guide vane bearing housing over
the entire width of the blade as depicted in Figure 1 and as shown
in Figure 2 of Eurocopter Emergency Alert Service Bulletin No.
05.96, dated July 12, 2010 (EASB), and by following the
Accomplishment Instructions, paragraph 3.B., of the EASB.
    (1) If the feeler gauge can be inserted between the blade and
the housing (a gap greater than or equal to 0.2 mm), no further
action is required.
    (2) If the feeler gauge cannot be inserted between the blade and
the housing (a gap less than 0.2 mm), before further flight, replace
the two fan rotor shaft bearings, with two airworthy bearings, part
number 704A33651114. Reinspect to ensure compliance with paragraph
(a) of this AD after installing airworthy bearings. Replacing the
two fan rotor shaft bearings does not constitute terminating action
for the inspection requirements of this AD.
    (b) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, FAA, ATTN: Rao
Edupuganti, Aviation Safety Engineer, Rotorcraft Directorate,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76137, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, for information
about previously approved alternative methods of compliance.
    (c) The Joint Aircraft System/Component (JASC) Code is 6322:
Main gearbox oil cooler fan.
    (d) The inspections shall be done in accordance with the
specified portions of Eurocopter Emergency Alert Service Bulletin
No. 05.96, dated July 12, 2010. The Director of the Federal Register
approved this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from American
Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 75053-
4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://
www.eurocopter.com. Copies may be inspected at the FAA, Office of
the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room
663, Fort Worth, Texas, or 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/code_of_federal_regulations/
ibr_locations.html.
    (e) This amendment becomes effective on September 17, 2010, to
all persons except those persons to whom it was made immediately
effective by Emergency AD 2010-16-51, issued July 19, 2010, which
contained the requirements of this amendment.

    Issued in Fort Worth, Texas, on August 5, 2010.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2010-21578 Filed 9-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80387-80388]
[DOCID:fr31de08-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-41-000]

Crossroads Pipeline Company; Notice of Request Under Blanket
Authorization

December 23, 2008.
    Take notice that on December 22, 2008, Crossroads Pipeline Company
(Crossroads), 801 East 86th Avenue, Merrillville, IN 46410, filed a
prior notice request pursuant to sections 157.205 and 157.208 of the
Commission's regulations under the Natural Gas Act (NGA) and
Crossroads' blanket certificate issued in Docket No. CP94-342-000, for
NGA certification of an existing compressor station located in Lake
County, Indiana, all as more fully set forth in the application, which
is on file with the Commission and open to public inspection. The
filing may also be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Specifically, Crossroads requests NGA certification for its
existing 3,000 horsepower Schererville Compressor Station located in
Lake County, Indiana. Crossroads states that the Schererville
Compressor Station was constructed for transactions under the Natural
Gas Policy Act (NGPA) section 311 to provide transportation. Crossroads
asserts that the Schererville Compressor Station was placed in service
on January 27, 1997, and constructed at a cost of approximately $4.7
million to allow for the receipt of natural gas into Crossroads system
from the pipeline facilities of Natural Gas Pipeline Company of America
(Natural). Crossroads states that Natural constructed approximately 7
miles of pipeline facilities to interconnect with the Schererville
Compressor Station. Crossroads also asserts that there will be no
impact on Crossroads' existing design day and annual obligations to its
customers.
    Any questions regarding the application should be directed to
Fredric J. George, Lead Counsel, Crossroads Pipeline Company, P.O. Box
1273, Charleston, West Virginia 25325-1273, at<PHONE_NUMBER>.
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.

    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-31109 Filed 12-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 26, 2006 (Volume 71, Number 102)]
[Notices]
[Page 30404-30405]
[DOCID:fr26my06-77]

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ENVIRONMENTAL PROTECTION AGENCY

[Docket Nos. EPA-R04-SFUND-2006-0457; EPA-RO4-SFUND-2006-0458; FRL-
8174-6]

P & W Electric Superfund Site; Yorkville, Gibson County, TN;
Notice of Settlement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlements.

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SUMMARY: Under section 122(h)(1) of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLS), the United States
Environmental Protection Agency has entered into two proposed
settlements for the reimbursement of past response costs concerning the
P & W Superfund Site located in Yorkville, Gibson County, Tennessee.

DATES: The Agency will consider public comments on the settlements
until June 26, 2006. The Agency will consider all comments received and
may modify or withdraw its consent to the settlements if comments
received disclose facts or considerations which indicate that the
settlements are inappropriate, improper, or inadequate.

ADDRESSES: Copies of the settlements are available from Ms. Paula V.
Batchelor. Submit your comments, identified by Docket ID No. EPA-RO4-
SFUND-2006-0457 and ID No. EPA-R04-SFUND-2006-0458 or Site name P & W
Electric Superfund Site by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax: 404/562-8842/Attn Paula V. Batchelor.
    Mail: Ms. Paula V. Batchelor, U.S. EPA Region 4, WMD-SEIMB, 61
Forsyth Street, SW., Atlanta, Georgia 30303. In addition, please mail a
copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington,
DC 20503.
    Instructions: Direct your comments to Docket ID No. EPA-R04-SFUND-
2006-0457 and EPA-R04-SFUND-2006-0458. EPA's policy is that all
comments received will be included in the public docket without change
and may be made available online at http://www.regulations.gov,

including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information

whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. EPA Region 4

office located at 61 Forsyth Street, SW., Atlanta, Georgia 30303.
Regional office is open from 7 a.m. until 6:30 p.m. Monday through
Friday, excluding legal holidays.
    Written comments may be submitted to Ms. Batchelor within 30
calendar days of the date of this publication.

FOR FURTHER INFORMATION CONTACT: Paula V. Batchelor at 404/562-8887.

    Dated: May 10, 2006.
Greg Armstrong,
Acting Chief, Superfund Enforcement & Information Management Branch,
Waste Management Division.
 [FR Doc. E6-8143 Filed 5-25-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Notices]
[Pages 57707-57708]
[FR Doc No: 2022-20358]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4665-DR; Docket ID FEMA-2022-0001]

Missouri; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security (DHS).

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Missouri (FEMA-4665-DR), dated August 8,
2022, and related determinations.

DATES: The declaration was issued August 8, 2022.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 8, 2022, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Missouri resulting from severe storms and flooding during the
period of July 25 to July 28, 2022, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Missouri.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Public Assistance, Hazard Mitigation, and Other Needs Assistance
under section 408 will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, DuWayne Tewes, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Missouri have been designated
as adversely affected by this major disaster:

    St. Charles and St. Louis Counties and the Independent City of
St. Louis for Individual Assistance.
    Montgomery, St. Charles, and St. Louis Counties and the
Independent City of St. Louis for Public Assistance.
    All areas within the State of Missouri are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-20358 Filed 9-20-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4842-4843]
[FR Doc No: 2013-01286]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-40-000]

Linden VFT, LLC v. Brookfield Energy Marketing, LP, Cargill Power
Markets, LLC; Notice of Complaint

    Take notice that on January 16, 2013, pursuant to Rule 206 of the
Rules of Practice and Procedure of the Federal Energy Regulatory
Commission (Commission), CFR 385.206 and sections 206 and 306 of the
Federal Power Act, 16 U.S.C. 824(e) and 825(e), Linden VFT, LLC
(Complainant) filed a formal complaint against Brookfield Energy
Marketing, LP and Cargill Power Markets, LLC (Respondents) alleging
that, Respondents failed to reimburse Complainant for PJM Transmission
service costs under their Transmission Scheduling Rights Purchase
Agreement (TSR Agreement). Complainant requests the Commission direct
the Respondents to: (1) Reimburse Complainant in full for past invoices
for PJM Transmission Service Costs associated with the Complainant's
transmission facility and (2) timely pay Complainant in full for all
future invoices for the duration of their TSR Agreements.
    The Complainant certifies that copies of the complaint were served
on the contacts for the Respondents as listed in the Commission's list
of Corporate Officials.
    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, 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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 5, 2013.

    Dated: January 16, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-01286 Filed 1-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Notices]
[Page 35950]
[FR Doc No: 2015-15291]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4093-036]

Bynum Hydro Company, PK Ventures I Limited Partnership; Notice of
Application for Transfer of License and Soliciting Comments, Motions to
Intervene, and Protests

    On January 16, 2015, Commission staff directed PK Ventures I
Limited Partnership (PK Ventures) to file documentation of project
ownership and an application to transfer the license for the Bynum
Project No. 4093 from Bynum Hydro Company, the licensee of record, to
PK Ventures, the owner of the project facilities. On February 18, 2015,
PK Ventures filed a response, including among other things,
documentation of its ownership of the project and a copy of an earlier
filing with the Commission in which it seeks to transfer the license
from Bynum Hydro to it. The project is located on the Haw River in
Chatham County, North Carolina.
    Contact: Mr. Robert L. Rose, PK Ventures I Limited Partnership,
P.O. Box 35236, Sarasota, FL 34242; Phone:<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file motions
to intervene, comments, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. The first page of any filing should
include docket number P-4093-036.

    Dated: June 9, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15291 Filed 6-22-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52521-52523]
[FR Doc No: 2021-20327]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92988; File No. SR-CBOE-2021-053]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 5.5(c) and Rule 5.6(d) in Connection With Time-In-Force
Instructions Available for Bulk Messages for the Account of a Market
Maker

September 15, 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 September 9, 2021, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III 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 the
Substance of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 5.5(c) and Rule 5.6(d) in connection with Time-in-Force
instructions available for bulk messages. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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 Rule 5.5(c) and Rule 5.6(d) to allow
Users to instruct bulk messages with a Time-in-Force of Immediate-or-
Cancel (``IOC''). Currently, Users may not designate bulk messages as
IOC, which, pursuant to Rule 5.6(d), instructs a limit order to execute
in whole or in part as soon as the System receives it. The System
cancels and does not post to the Book an IOC order (or unexecuted
portion) not executed immediately on the Exchange or another options
exchange. A bulk message is a single electronic message a User submits
with an M Capacity (i.e., for the account of a Market-Maker) to the
Exchange in which the User may enter, modify, or cancel up to an
Exchange-specified number of bids and offers. More, specifically, bulk
message functionality is available to Market-Makers and permits them to
update their electronic quotes in block quantities across series in a
class. Rule 5.5(c)(3)(A)(i) currently provides that a bulk message
submitted through a dedicated logical port (i.e., a ``bulk port'') has
a Time-in-Force of Day. Pursuant to Rule 5.6(d), the term ``Day''
means, for an order so designated, an order or quote that, if not
executed, expires at the RTH market close. All bulk messages have a
Time in Force of Day, as set forth in Rule 5.5(c). The Exchange notes
that, pursuant to Rule 5.6(a), a Time-in-Force applied to a bulk
message applies to each bid and offer within that bulk message.
    The Exchange proposes to allow Market-Makers to designate bulk
messages as IOC by amending the following: Rule 5.3(c)(3)(A)(i) to
provide that a bulk message submitted through a bulk port has a Time-
in-Force of Day or IOC; the definition of IOC in Rule 5.6(d) to provide
that Users may designate bulk messages as IOC; and the definition of
``Day'' in Rule 5.6(d) to remove the language that all bulk messages
have a Time-in-Force of Day, as set forth in Rule 5.5(c), and instead
provide that Users may designate bulk messages as Day.
    A Market-Maker's primary purpose is to provide liquidity to the
market, which it may do in various ways, including resting quotes on
the Book as well as submitting quotes to trade against other resting
interest on the Book. In addition to providing liquidity via continuous
quotes in a Market-Maker's appointed classes,\5\ as part of its quoting
obligations, a Market-Maker is also required to maintain active markets
in its appointed classes, update quotations in response to changed
market conditions in its appointed classes and compete with other
Market-Makers in its appointed classes.\6\ As part of a Market-Maker's
efforts to satisfy these obligations, a Market-Maker may update quotes
with the specific purpose of removing interest resting in the Book.
This may provide additional execution opportunities for customers,
thereby encouraging an increase in overall participation in an
appointed class.
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    \5\ See Rule 5.51(a)(1).
    \6\ See Rule 5.51(a)(3)-(5).
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    Currently, if a Market-Maker wishes to execute against interest in
the Book, a Market-Maker will enter a Book Only bulk message or modify
an existing bulk message to attempt to execute against such interest,
followed immediately by a bulk message to cancel the preceding bulk
message (or unexecuted portion) so that no portion of that bulk message
will remain displayed on the Book. Essentially, in order to execute
against interest on the Book, Market-Makers may currently send a
sequence of bulk messages that mimic the result of an IOC instruction--
ultimately the bulk message is cancelled and does not post to the Book
if it is not executed immediately against resting interest. Sending a
bulk message to cancel immediately following the submission of a bulk
message or a bulk message modification to execute against resting
interest creates an extra step for Market-Makers (compared to Trading
Permit Holders (``TPHs'') that may use IOC orders to accomplish this)
using bulk message functionality and requires the System to process
additional messages. As such, the proposed rule change to permit
Market-Makers to designate their bulk messages as IOC would allow them
to attempt more effectively and efficiently to execute against interest
in the Book and would reduce message traffic by eliminating the need
for Market-Makers to send multiple messages to attempt this. The
Exchange notes that Market-Makers may already use bulk messages to
remove liquidity from the Book (if they so elect) using the ``Book
Only'' instruction and, as described above, Market-Makers may already
use bulk messages to remove liquidity without letting nonexecuted size
rest on the Book. The proposed rule

change merely streamlines the manner in which Market-Makers may already
utilize bulk messages to execute against interest on the Book without
sending an unexecuted bulk message (or unexecuted portion) to the Book
thereafter. Also, Market-Makers may already designate their quotes
submitted in an order as IOC.\7\
---------------------------------------------------------------------------

    \7\ A ``quote'' or ``quotation'' is a firm bid or offer a
Market-Maker may submit electronically in an order or bulk message.
See Rule 1.1. The Exchange also notes that, while Market-Makers may
currently instruct their orders, including quotes submitted as
orders, as IOC, the Exchange understands that Market-Makers
predominantly conduct their trading activity through and design
their business models around the use [sic] bulk messages.
---------------------------------------------------------------------------

    The Exchange notes that bulk message functionality is designed to
facilitate Market-Makers quoting on the Exchange in connection with
their responsibility as liquidity providers. For example, the current
requirement that bulk messages have a Time-in-Force of Day is
consistent with general practice of Market-Makers to enter new quotes
at the beginning of each trading day, as well as a Market-Maker's
obligation to update its quotes in response to changed market
conditions in its appointed classes. The provision that allows Market-
Makers to designate their bulk messages as Post Only or Book Only is
intended to provide Market-Makers with flexibility to use these
instructions to permit them to execute against resting interest upon
entry or add liquidity to the Book in connection with their various
obligations in a manner they deem appropriate.\8\ The Exchange believes
that the proposed rule change likewise permits Market-Makers to use an
instruction with respect to their bulk messages as an additional tool
to provide liquidity to the market and meet their various obligations
(such as maintaining active markets in an appointed class, updating
quotations in response to changed market conditions in an appointed
class and competing with other Market-Makers in an appointed class) in
a manner they deem appropriate, which may include removing interest in
the Book to subsequently post updated quotes at potentially tighter
spreads and to provide additional execution opportunities at
potentially improved prices. The Exchange also believes that the
proposed rule change enhances a current means by which Market-Makers
use bulk messages to facilitate the provision of liquidity on the
Exchange. That is, Market-Makers using bulk messages with an IOC
instruction, as proposed, may more efficiently execute against resting
interest, thereby increasing execution opportunities for orders resting
on the Book. An increase in transactions on the Exchange may facilitate
tighter spreads and price discovery, and, as a result, encourage
increased participation and additional order flow from other market
participants. The Exchange notes that the submission of bulk messages
to the Exchange is voluntary and that Market-Makers may continue to
elect to use bulk messages designated as Day in the same manner as they
do today, including sending a bulk message immediately followed by a
cancel to attempt to execute against resting interest.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Release Nos. 86374 (July 15, 2019),
84 FR 34963 (July 19, 2019) (SR-CBOE-2019-033); and 88816 (May 6,
2020), 85 FR 28131 (May 12, 2020) (SR-CBOE-2020-041). The Exchange
notes that SR-CBOE-2019-033 implemented bulk message functionality
to replace the Exchange's prior block quoting functionality, which
likewise allowed a Market-Maker to submit a single message
containing bids and offers in multiple series; however, the Exchange
Rules did not prohibit an IOC designation for quotes submitted in
block quantities.
---------------------------------------------------------------------------

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.\9\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ 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) \11\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed rule change
allowing Market-Makers to designate their bulk messages as IOC will
remove impediments to and perfect the mechanism of a free and open
market and national market system and benefit investors by permitting
Market-Makers to more effectively and efficiently execute bulk messages
against specific interest on the Book without posting an unexecuted
bulk message (or unexecuted portion) to the Book thereafter. As
described above, Market-Makers already submit bulk messages in a manner
that mimics an IOC instruction; the proposed rule change merely
streamlines this process for Market-Markets by allowing them to use a
Time-in-Force instruction currently available for their orders (which
may also contain a Market-Maker's quotes) on the Exchange today. In
addition to this, Market-Makers may already include Book Only
instructions that permit their bulk messages to remove liquidity from
the Book. The proposed rule change is designed to benefit market
participants by increasing efficiency and reducing additional message
traffic by eliminating the need for Market-Makers to send an additional
bulk message to cancel along with their bulk messages in instances in
which they wish to execute against interest that appears on the Book.
The proposed rule change allows Market-Makers to elect to use their
bulk messages as additional tools to meet their various obligations in
a manner they deem appropriate, consistent with the purpose of bulk
message functionality to facilitate Market-Makers' provision of
liquidity, which may include removing interest in the Book to
subsequently post updated quotes at potentially tighter spreads and to
provide additional execution opportunities at potentially improved
prices. Also, the use of IOC bulk messages for Market-Makers may
ultimately facilitate the provision of additional liquidity on the by
increasing execution opportunities on the Exchange, as an increase in
transactions on the Exchange may facilitate tighter spreads and price
discovery, thereby encouraging increased participation and additional
order flow from other market participants, to the benefit of all
investors. Market-Makers may continue to elect to use bulk messages
designated as Day in the same manner as they do today, including
sending a bulk message immediately followed by a cancel to attempt to
execute against resting interest.
    Additionally, the Exchange does not believe that the proposed rule
change would permit unfair discrimination as bulk message functionality
is principally designed to facilitate the provision of liquidity by
Market-Makers to the Exchange and help Market-Makers' satisfy their
obligations. The Exchange believes that Market-Makers play a unique and
critical role in the

options market by providing liquid and active markets and are subject
to various quoting obligations (which other market participants are
not), including an obligation to maintain active markets, to update
quotations in response to changed market conditions and to compete with
other Market-Makers in its appointed classes. Bulk message
functionality, including an IOC bulk message, provides Market-Makers
with a means to help them satisfy these obligations. As noted above,
Market-Makers are already able to use Book Only bulk messages to
execute against resting liquidity in multiple series across a class and
to cancel quotes in multiple series across a class. The proposed rule
change simply allows Market-Makers to utilize their bulk messages in
the same manner, just with a single message.

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. The Exchange does not
believe that the proposed rule change will change will impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the IOC instruction
for bulk messages will be available for all Market-Makers that choose
to submit bulk messages. Use of the IOC instruction for bulk messages
is voluntary, and Market-Makers may choose to continue to only apply
the Day Time-in-Force to bulk messages and continue to attempt to
execute bulk messages against resting interest using multiple messages
as they do today. The proposed rule change permits Market-Makers to use
a Time-in-Force that is already available to all TPHs, including
Market-Makers, to apply to their orders. While only Market-Makers may
submit IOC bulk messages (as only Market-Makers may currently submit
any bulk messages), the Exchange believes this is appropriate given the
various obligations Market-Makers must satisfy under the Rules and the
unique and critical role Market-Makers play in the options market by
providing liquid and active markets. The Exchange believes providing
Market-Makers with flexibility to use the IOC instruction with respect
to bulk messages will provide Market-Makers with an enhanced tool to
provide liquidity to the market and satisfy their obligations in a
manner they deem appropriate, as they are similarly able to do today by
electing the Book Only and Post Only instructions for their bulk
messages.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act as it relates to
quoting functionality available to Market-Makers on the Exchange. The
Exchange notes that market participants on other exchanges are welcome
to become Market-Makers on the Exchange if they determine that this
proposed rule change has made participation as a Market-Maker on the
Exchange more attractive or favorable.

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

    The Exchange neither solicited nor received comments 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:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. 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 \12\ and
Rule 19b-4(f)(6) \13\ thereunder. 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.
---------------------------------------------------------------------------

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

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-CBOE-2021-053 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-CBOE-2021-053. 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 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2021-053, and should be submitted
on or before October 12, 2021.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-20327 Filed 9-20-21; 8:45 am]
BILLING CODE 8011-01-P


July 13, 2004 Possible Approaches to Setting Detection Limits and Levels of Quantitation [ These are preliminary concepts for discussion only, not to be taken as the final views of any municipal, industrial, or laboratory organization.]

Process The group of municipal, laboratory, and industry organizations began by looking at comments filed in the rulemaking docket, particularly the comments by stakeholders that signed the " Consensus Principles" letter of August 15, 2003. In our current deliberations, we divided the issues into two groups: one for detection limits and one for quantitation. For detection limits, we started with the ACIL approach, which has attracted wide acceptance and has been developed in detail. In the discussion below, we have harmonized this approach with Osborn and Georgian, which is based on the internationally accepted definitions for detection ( LC, LD) and quantitation ( LQ).

Detection 1. For routine laboratory operations:

a. Estimates of Lc and Ld will be calculated using the K statistic:

i. Lc=| X| + Ks ii Ld=| X|+ 2Ks b. An initial estimate of the Type I detection limit ( Lc) and Type II detection limit ( Ld) will be determined at method start up.

c. A long term Lc and Ld will replace the initial estimates of Lc and Ld as soon as possible, within one year of method start up.

i. Verification of the Lc and Ld estimates will be done by routine monitoring of the false positive and false negative error rate.

ii. Long term Lc and Ld will be calculated from routine batch method blanks and false negative quality control check samples, which will be at a concentration approximately equal to Ld.

d. Reporting rules will be prescribed. For example, the detection limit Ld could be listed on reports and results reported down to the critical value 2 Lc. Detections near Lc but less than Ld could be reported as " estimated" values.

Quantitation 2. Terminology. We would like first to clarify discussions by referring to a " method promulgated quantification level," which is not necessarily intended to be a permanent addition to the lexicon but only a temporary term to clarify discussion. The method promulgated quantification level is the QL determined from an interlaboratory test of the analytical method and is determined one time only, when the method is first approved for inclusion in 40 CFR Part 136:

ML: Unchanged from EPA's use( s) of this term.

Method Promulgated Quantitation Limit ( MPQL): the quantification limit that will be promulgated as part of the method when incorporated into 40 CFR Part 136.

Compliance Evaluation Threshold: The concentration level specified in a permit when a water quality based effluent limitation ( WQBEL) is below analytical method " sensitivity."

3. For new methods that EPA is validating for 40 CFR Part 136 for the first time:

a. EPA defines minimum precision and accuracy ( with accuracy defined as recovery) required for analytical methods to be used for NPDES compliance monitoring  for example, a precision of 10% and a recovery of 90%.

b. EPA then conducts a study according to ASTM D6512 03 to establish the IQE for the minimum allowable precision ( e. g., IQE10%) for selected analytes.

c. This LQ is set at the IQE, which is the lowest concentration to consider for the quantitation level of the method for each analyte tested.

d. EPA then examines the recovery of the analyte at that IQE concentration. If the recovery does not meet the minimum allowable recovery ( 90% in the example above), then EPA works upward until it finds the lowest concentration where accuracy ( recovery) achieves the prescribed minimum ( 90% in the example). This concentration then becomes the LQ or quantitation level for the method for that analyte.

e. We are still exploring how to devise a practical and cost effective way of dealing with matrix effects. 3 3. For existing methods, already included in 40 CFR Part 136, we are considering approaches that would leave most such methods in place without additional validation.

48681.000007 RICHMOND 1246400v6


[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Page 29777]
[FR Doc No: 2011-12651]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1972-DR; Docket ID FEMA-2011-0001]

Mississippi; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-1972-DR), dated April 29, 2011, and
related determinations.

DATES: Effective Date: May 9, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of April 29, 2011.

    Alcorn, Attala, Clay, Coahoma, DeSoto, Grenada, Holmes, Leflore,
Marshall, Montgomery, Newton, Panola, Quitman, Smith, Sunflower,
Tishomingo, Tunica, and Winston Counties for Individual Assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-12651 Filed 5-20-11; 8:45 am]
BILLING CODE 9111-23-P