[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Notices]
[Pages 72233-72235]
[FR Doc No: 2011-30058]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65764; File No. SR-Phlx-2011-153]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Add Good-
till-Cancelled and Discretionary Orders

November 16, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on November 10, 2011, NASDAQ OMX PHLX LLC (``PHLX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposed rule change to adopt the
following two new Time in Force conditions in Rule 3301(h): System
Hours Good-till-Cancelled (``SGTC'') and Market Hours GTC (``MGTC'') on
NASDAQ OMX PSX (``PSX''), as described below. PHLX also proposes to
amend Rules 3301(f)(1), 3305, Order Entry Parameters, and 3306, Entry
and Display of Orders, to add Discretionary Orders.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, 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, Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to add some new features
to the PSX Market, as described below.
Time in Force
    Currently, Rule 3301(h) provides that the term ``Time in Force''
means the period of time that the System will hold an order for
potential execution. Time in force conditions, which are listed in Rule
3305(a)(1)(A), include System Hours Expire Time (``SHEX''), System
Hours Day (``SDAY''), System Hours Immediate or Cancel (``SIOC''), or
Good-til-Market Close ``GTMC''). At this time, two new designations are
being added. First, PHLX proposes to adopt, in Rule 3301(h)(3), that
``System Hours Good-till-Cancelled'' or ``SGTC'' shall mean, for orders
so designated, that if after entry into the System, the order is not
fully executed, the order (or unexecuted portion thereof) shall remain
available for potential display and/or execution from 7 a.m. until 8
p.m. Eastern Time \3\ unless cancelled by the entering party, or until
1 year after entry, whichever comes first.
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    \3\ The PSX Market operates until 8 p.m.
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    Second, PHLX proposes to adopt, as Rule 3301(h)(7), ``Market Hours
GTC'' or ``MGTC,'' which shall mean for orders so designated, that if
after entry into System, the order is not fully executed, the order (or
unexecuted portion thereof) shall remain available for potential
display and/or execution unless cancelled by the entering party, or
until 1 year after entry, whichever comes first. MGTC Orders shall be
available for entry from 7 a.m. until 8 p.m. Eastern Time and for
potential execution from 9:30 a.m. until 4 p.m. Eastern Time.
    Lastly, PHLX proposes to amend Rule 3305(a)(1)(A) to add SGTC and
MGTC designations to this rule, which lists the various Time in Force
designations available. PHLX proposes to delete the sentence in Rule
3305(a)(1)(B) that provides that, in addition to such other
designations as may be chosen by a participant, all System orders must
be entered with a Time in Force of System Hours Immediate or Cancel or
designated as a Pegged Order, an Intermarket Sweep Order, a Price to
Comply order, or a Post-Only Order. With the addition of two GTC
designations, this provision is obsolete.
    PHLX believes that these two new Time in Force designations should
be useful to PHLX participants and may attract additional business to
PHLX.
Discretionary Orders
    PHLX also proposes to adopt a new order type, Discretionary Orders,
which are orders that have a displayed price and size, as well as a
non-displayed discretionary price range, at which the entering party,
if necessary, is also willing to buy or sell. The non-displayed trading
interest is not entered into the System book but is, along with the
displayed size, converted to an IOC buy (sell) order priced at the
highest (lowest) price in the discretionary price range when displayed
shares become available or an execution takes place at any price within
the discretionary price range. The generation of this IOC order is
triggered by the cancellation of the open shares of the Discretionary
Order. If more than one Discretionary Order is available for conversion
to an IOC order, the system will convert all such orders at the same
time and priority will be given to the first IOC order(s) that reaches
the trading interest on the other side of the market. If an IOC order
is not executed in full, the unexecuted portion of the order is
automatically re-posted and displayed in the System book with a new
time stamp, at its original displayed price, and with its non-displayed
discretionary price range.
    For example, the market on the PHLX is $10.00 x $10.05 and Order A
is entered as a bid for 1,000 shares at $10.00 with a discretionary
price of $10.03. It posts on the book at $10.00. Order B is an offer
for 500 shares at $10.03 which posts on the book. Order A is cancelled
by the system and a 500 share IOC (Order C) is sent into the system to
take out Order B at $10.03. Orders C and B trade at $10.03, after which
the remaining 500 shares of the original discretionary order (Order A)
post on the book at $10.00.
    The Exchange proposes to adopt the definition of Discretionary
Orders as Rule 3301(f)(1) in the Definitions section where order types
are defined. In addition, the Exchange proposes to add Discretionary
Orders to Rule 3305(a)(1)(B), which lists various order types, and Rule
3306(c)(3)(B), which governs the display of orders. With respect to the
display of orders, Rule 3306 generally states that the System will
display the aggregate size of all quotes and orders at the best price
to buy and sell resident in the System. Discretionary Orders will be
added as an exception, similar to Reserve Size, because Discretionary
Orders, by definition, have a non-displayed discretionary price range.
    PHLX believes that Discretionary Orders are useful to market
participants, because this order type enables participants to provide
price improvement beyond the price at which they are willing to submit
an order today; when the price of an order is displayed, the result may
be that the market has moved, reflecting that order. Some market
participants prefer not to advertise their order but are willing to
provide price improvement.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and with
Sections 6(b)(5) of the Act,\5\ in particular, in that the proposal 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, because it
offers PHLX participants an additional Time in Force to better manage
their orders and risk, which should, in turn, attract additional orders
to the Exchange and enhance the Exchange's competitive position.
Furthermore, Discretionary Orders should enable participants to provide
price improvement beyond the price at which they are willing to submit
an order today, consistent with just and equitable principles of trade,
removing impediments to and perfecting the mechanism of a free and open
market and a national market system, and, in general, protecting
investors and the public interest.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) \7\
thereunder.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposed rule change may become effective
and operative upon filing with the Commission. The Commission believes
waiver of the 30-day operative delay is in the interest of investors
because it will expedite the introduction of new features to the PHLX
equities market. The features are currently available on other
exchanges, and the Commission sees no reason to delay their
introduction at the Exchange. Therefore, the Commission designates the
proposal to be operative upon filing.\8\
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    \8\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    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.

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-Phlx-2011-153 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2011-153. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2011-153 and should be
submitted on or before December 13, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30058 Filed 11-21-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Notices]
[Pages 21834-21835]
[FR Doc No: 2012-8653]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Airborne Radar Altimeter Equipment (For Air Carrier Aircraft)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Cancellation of Technical Standard Order (TSO)-C67, Airborne
Radar Altimeter Equipment (For Air Carrier Aircraft).

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SUMMARY: This is a confirmation notice of the cancellation of TSO-C67,
Airborne Radar Altimeter Equipment (For Air Carrier Aircraft). The
effect of the cancelled TSO will result in no new TSO-C67 design or
production approvals. However, cancellation will not affect any current
production of an existing TSO authorization (TSOA). Articles produced
under an existing TSOA can still be installed per the existing
airworthiness approvals, and all applications for new airworthiness
approvals will still be processed.

SUPPLEMENTARY INFORMATION:

Background

    On November 15, 1960, the FAA published TSO-C67, Airborne Radar
Altimeter Equipment (for air carrier aircraft). Since 1978, there have
been no new applications for TSOA for TSO-C67. Our research indicates
there are no authorized manufacturers currently

manufacturing, advertising, or selling TSO-C67 compliant equipment.
Therefore, given the obsolescence of the equipment, and the lack of
industry interest in TSO-C67 product designs, we proposed cancelling
TSO-C67. Please note that TSO-C87, Airborne Low Range Radio Altimeter,
is currently used for Radio Altimeter certification and is not affected
by this action.

Comments

    There were no comments received during the public comment period of
the Federal Register Notice of the FAA's intent to cancel TSO-C67.

Conclusion

    TSO-C67 is cancelled effective September 30, 2012. Please note that
TSO-C87, Airborne Low Range Radio Altimeter, is currently used for
Radio Altimeter certification and is not affected by this action.

    Issued in Washington, DC, on April 6, 2012.
Susan J.M. Cabler,
Assistant Manager, Aircraft Engineering Division, Aircraft
Certification Service.
[FR Doc. 2012-8653 Filed 4-10-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[Notices]
[Page 13272-13274]
[DOCID:fr21mr07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No.: P-2232-522]

Duke Energy Carolinas LLC; Notice of Site Visits

March 15, 2007.
    Take notice that the following hydroelectric application was filed
with Commission and is available for public inspection:
    a. Type of Application: New Major License.
    b. Project No.: P-2232-522.
    c. Dates filed: August 29, 2006.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Catawba-Wateree Hydroelectric Project.
    f. Locations: The Catawba-Wateree Project is located on the Catawba
River in Alexander, Burke, Caldwell, Catawba, Gaston, Iredell, Lincoln,
McDowell, and Mecklenburg counties, North Carolina, and on the Catawba
and Wateree Rivers in the counties of Chester, Fairfield, Kershaw,
Lancaster, and York, South Carolina. There are no federal lands
affected by this project.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Jeffrey G. Lineberger, Catawba-Wateree Hydro
Relicensing Manager; and E. Mark Oakley, Catawba-Wateree Relicensing
Project Manager, Duke Energy, Mail Code EC12Y, P.O. Box 1006,
Charlotte, NC 28201-1006.
    i. FERC Contacts: Sean Murphy at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    j. Site Visit: The Applicant and FERC staff will conduct a series
of project site visits beginning at 8 a.m. on March 26, 27, 29, and 30,
2007. All interested individuals, organizations, and agencies are
invited to attend. Anyone with questions about the site visits should
contact the applicant.
    k. This application is not ready for environmental analysis at this
time.
    l. The existing Catawba-Wateree Project consists of eleven
developments:
    1. The Bridgewater development consists of the following existing
facilities: (1) The Catawba dam consisting of: (a) A 1,650-foot-long,
125-foot-high earth embankment; (b) a 305-foot-long, 120-foot-high
concrete gravity ogee spillway; and (c) a 850-foot-long, 125-foot-high
earth embankment; (2) the Paddy Creek dam consisting of: a 1,610-foot-
long, 165-foot-high earth embankment; (3) the Linville dam consisting
of: a 1,325-foot-long, 160-foot-high earth embankment; (4) a 430-foot-
long uncontrolled low overflow weir spillway situated between Paddy
Creek Dam and Linville Dam; (5) a 6,754 acre reservoir formed by
Catawba, Paddy Creek, and Linville with a normal water surface
elevation of 1,200 feet above mean-sea-level (msl); (6) a 900-foot-long
concrete-lined intake tunnel; (7) a powerhouse containing two vertical
Francis-type turbines directly connected to two generators, each rated
at 10,000 kilowatts (kW), for a total installed capacity of 20.0
megawatts (MW); and (8) other appurtenances.
    2. The Rhodhiss development consists of the following existing
facilities: (1) The Rhodhiss dam consisting of: (a) A 119.58-foot-long
concrete gravity bulkhead; (b) a 800-foot-long, 72-foot-high concrete
gravity ogee spillway; (c) a 122.08-foot-long concrete gravity bulkhead
with an additional 8-foot-high floodwall; and (d) a 283.92-foot-long
rolled fill earth embankment; (2) a 2,724 acre reservoir with a normal
water surface elevation of 995.1 feet above msl; (4) a powerhouse
integral to the dam, situated between the bulkhead on the left bank and
the ogee spillway section, containing three vertical Francis-type
turbines directly connected to three generators, two rated at 12,350
kW, one rated at 8,500 kW for a total installed capacity of 28.4 MW;
and (5) other appurtenances.
    3. The Oxford development consists of the following existing
facilities: (1) The Oxford dam consisting of: (a) A 74.75-foot-long
soil nail wall; (b) a 193-foot-long emergency spillway; (c) a 550-foot-
long gated concrete gravity spillway; (d) a 112-foot-long embankment
wall situated above the powerhouse; and (e) a 429.25-foot-long earth
embankment; (2) a 4,072 acre reservoir with a normal water surface
elevation of 935 feet above msl; (4) a powerhouse integral to the dam,
situated between the gated spillway and the earth embankment,
containing two vertical Francis-type turbines directly connected to two
generators, each rated at 18,000 kW for a total installed capacity of
35.7 MW; and (5) other appurtenances.
    4. The Lookout Shoals development consists of the following
existing facilities: (1) The Lookout Shoals dam consisting of: (a) A
282.08-foot-long concrete gravity bulkhead section; (b) a 933-foot-long
uncontrolled concrete gravity ogee spillway; (c) a 65-foot-long gravity
bulkhead section; and (d) a 1,287-foot-long, 88-foot-high earth
embankment; (2) a 1,155 acre reservoir with a normal water surface
elevation of 838.1 feet above msl; (3) a powerhouse integral to the
dam, situated between the bulkhead on the left bank and the ogee
spillway, containing three main vertical Francis-type turbines and two
smaller vertical Francis-type turbines directly connected to five
generators, three main generators rated at 8,970 kW, and two smaller
rated at 450 kW for a total installed capacity of 25.7 MW; and (4)
other appurtenances.
    5. The Cowans Ford development consists of the following existing
facilities: (1) The Cowans Ford dam consisting of: (a) A 3,535-foot-
long embankment; (b) a 209.5-foot-long gravity bulkhead; (c) a 465-
foot-long concrete ogee spillway with eleven Taintor gates, each 35-
feet-wide by 25-feet-high; (d) a 276-foot-long bulkhead; and (e) a
3,924-foot-long earth embankment; (2) a 3,134-foot-long saddle dam
(Hicks Crossroads); (3) a 32,339 acre reservoir with a normal water
surface elevation of 760 feet above msl; (4) a powerhouse integral to
the dam, situated between the spillway and the bulkhead near the right
embankment, containing four vertical Kaplan-type turbines directly
connected to four generators rated at 83,125 kW for a total installed
capacity of 332.5 MW; and (5) other appurtenances.
    6. The Mountain Island development consists of the following
existing facilities: (1) The Mountain Island dam consisting of: (a) A
997-foot-long, 97-foot-high uncontrolled concrete gravity ogee
spillway; (b) a 259-foot-long bulkhead on the left side of the
powerhouse; (c) a 200-foot-long bulkhead on the right side of the
powerhouse; (d) a 75-foot-long concrete core wall; and (e) a 670-foot-
long, 140-

foot-high earth embankment; (2) a 3,117 acre reservoir with a normal
water surface elevation of 647.5 feet above msl; (3) a powerhouse
integral to the dam, situated between the two bulkheads, containing
four vertical Francis-type turbines directly connected to four
generators rated at 15,000 kW for a total installed capacity of 55.1
MW; and (4) other appurtenances.
    7. The Wylie development consists of the following existing
facilities: (1) The Wylie dam consisting of: (a) A 234-foot-long
bulkhead; (b) a 790.92-foot-long ogee spillway section that contains 2
controlled sections with a total of eleven Stoney gates, each 45-feet-
wide by 30-feet-high, separated by an uncontrolled section with no
gates; (c) a 400.92-foot-long bulkhead; and (d) a 1,595-foot-long earth
embankment; (2) a 12,177 acre reservoir with a normal water surface
elevation of 569.4 feet above msl; (3) a powerhouse integral to the
dam, situated between the bulkhead and the spillway near the left bank,
containing four vertical Francis-type turbines directly connected to
four generators rated at 18,000 kW for a total installed capacity of 69
MW; and (4) other appurtenances.
    8. The Fishing Creek development consists of the following existing
facilities: (1) The Fishing Creek dam consisting of: (a) A 114-foot-
long, 97-foot-high uncontrolled concrete ogee spillway; (b) a 1,210-
foot-long concrete gravity, ogee spillway with twenty-two Stoney gates,
each 45-feet-wide by 25-feet-high; and (c) a 214-foot-long concrete
gravity bulkhead structure; (2) a 3,431 acre reservoir with a normal
water surface elevation of 417.2 feet above msl; (3) a powerhouse
integral to the dam, situated between the gated spillway and the
bulkhead structure near the right bank, containing five vertical
Francis-type turbines directly connected to five generators two rated
at 10,530 kW and three rated at 9,450 kW for a total installed capacity
of 48.1 MW; and (4) other appurtenances.
    9. The Great Falls-Dearborn development consists of the following
existing facilities: (1) The Great Falls diversion dam consisting of a
1,559-foot-long concrete section; (2) the Dearborn dam consisting of:
(a) A 160-foot-long, 103-foot-high concrete embankment; (b) a 150-foot-
long, 103-foot-high intake and bulkhead section; and (c) a 75-foot-
long, 103-foot-high bulkhead section; (3) the Great Falls dam
consisting of: (a) a 675-foot-long 103-foot-high concrete embankment
situated in front of the Great Falls powerhouse (and joined to the
Dearborn dam embankment); and (b) a 250-foot-long intake section
(within the embankment); (4) the Great Falls bypassed spillway and
headworks section consisting of: (a) a 446.7-foot-long short concrete
bypassed reach uncontrolled spillway with a gated trashway (main
spillway); (b) a 583.5-foot-long concrete headworks uncontrolled
spillway with 4-foot-high flashboards (canal spillway); and (c) a 262-
foot-long concrete headworks section situated perpendicular to the main
spillway and the canal spillway, containing ten opening, each 16-feet-
wide; (5) a 353 acre reservoir with a normal water surface elevation of
355.8 feet above msl; (6) two powerhouses separated by a retaining
wall, consisting of: (a) Great Falls powerhouse: containing eight
horizontal Francis-type turbines directly connected to eight generators
rated at 3,000 kW for an installed capacity of 24.0 MW, and (b)
Dearborn powerhouse: containing three vertical Francis-type turbines
directly connected to three generators rated at 15,000 kW for an
installed capacity of 42.0 MW, for a total installed capacity of 66.0
MW; and (7) other appurtenances.
    10. The Rocky Creek-Cedar Creek development consists of the
following existing facilities: (1) A U-shaped concrete gravity overflow
spillway with (a) A 130-foot-long section (on the east side) that forms
a forebay canal to the Cedar Creek powerhouse and contains two Stoney
gate, each 45-feet-wide by 25-feet-high; (b) a 1,025-foot-long, 69-
foot-high concrete gravity overflow spillway; and (c) a 213-foot-long
section (on the west side) that forms the upper end of the forebay
canal for the Rocky Creek powerhouse; (2) a 450-foot-long concrete
gravity bulkhead section that completes the lower end of the Rocky
Creek forebay canal; (3) a 748 acre reservoir with a normal water
surface elevation of 284.4 feet above msl; (4) two powerhouses
consisting of: (a) Cedar Creek powerhouse (on the east): containing
three vertical Francis-type turbines directly connected to three
generators, one rated at 15,000 kW, and two rated at 18,000 kW for an
installed capacity of 43.0 MW; and (b) Rocky Creek powerhouse (on the
west): containing eight horizontal twin-runner Francis-type turbines
directly connected to eight generators, six rated at 3,000 kW and two
rated at 4,500 kW for an installed capacity of 25.8 MW, for a total
installed capacity of 68.8 MW; and (5) other appurtenances.
    11. The Wateree development consists of the following existing
facilities: (1) The Wateree dam consisting of: (a) A 1,450 foot-long
uncontrolled concrete gravity ogee spillway; and (b) a 1,370-foot-long
earth embankment; (2) a 13,025 acre reservoir with a normal water
surface elevation of 225.5 feet above msl; (3) a powerhouse integral to
the dam, situated between the spillway and the earth embankment,
containing five vertical Francis-type turbines directly connected to
five generators, two rated at 17,100 kW and three rated at 18,050 kW
for a total installed capacity of 82.0 MW; and (4) other appurtenances.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site 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 Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via email of new filings and issuances

related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Scoping Process: The Commission intends to prepare an
Environmental Impact Statement (EIS) on the project in accordance with
the National Environmental Policy Act. The EIS will consider both site-
specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.

Scoping Meetings

    FERC staff has previously noticed a series of scoping meetings, one
agency scoping meeting and three public meetings. The agency scoping
meeting, Wednesday March 28, 2007, in Rock Hill NC, will focus on
resource agency and non-governmental organization (NGO) concerns. The
public scoping meetings on March 26, 27, 28, and 29, 2007 will provide
a means for public input. All interested individuals, organizations,
and agencies are invited to attend one or more of the meetings, and to
assist the staff in identifying the scope of the environmental issues
that should be analyzed in the EIS.
    Copies of the SD1 outlining the subject areas to be addressed in
the EIS were distributed to the parties on the Commission's mailing
list. Copies of the SD1 will be available at the scoping meeting or may
be viewed on the Web at http://www.ferc.gov using the ``eLibrary''

link.

Site Visits

     All site visits are scheduled to start at 8 a.m. sharp. Contact
the applicant for directions.

Monday, March 26, 2007.
Meeting Location: The Bridgewater Development Powerhouse.
Reservoirs scheduled to visit: Lake James, Lake Rhodhiss and one
location on Lake Hickory.

Tuesday, March 27, 2007.
Meeting Location: The Oxford Development Powerhouse.
Reservoirs scheduled to visit: Lake Hickory, Lookout Shoals Lake, and
Lake Norman.

Thursday, March 28, 2007.
Meeting Location: Fishing Creek Development Powerhouse.
Reservoirs scheduled to visit: Greatfalls Reservoir and Lake Wateree.
Friday, March 29, 2007.
Meeting Location: Fishing Creek Development Powerhouse.
Reservoirs scheduled to visit: Fishing Creek Lake and Lake Wylie.

Objectives

    At the site visits, the staff will be concentrating on viewing
project aspects that are difficult to understand without viewing the
area, or have been raised as significant issues.

Procedures

    People attending the site visits need to supply their own
transportation (carpooling is recommended), wear clothes suitable for
being outside in the elements, wear closed toed shoes, bring or be
prepared to buy lunch as a meal will not be provided. Please note that
the distances are long and time is short, if you are late for the start
time you risk being left behind.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5125 Filed 3-20-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Rules and Regulations]
[Page 4123-4126]
[DOCID:fr23ja09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0420; Directorate Identifier 2008-NE-10-AD;
Amendment 39-15793; AD 2009-02-03]
RIN 2120-AA64

Airworthiness Directives; Lycoming Engines IO, (L)IO, TIO,
(L)TIO, AEIO, AIO, IGO, IVO, and HIO Series Reciprocating Engines,
Teledyne Continental Motors (TCM) LTSIO-360-RB and TSIO-360-RB
Reciprocating Engines, and Superior Air Parts, Inc. IO-360 Series
Reciprocating Engines With Certain Precision Airmotive LLC RSA-5 and
RSA-10 Series, and Bendix RSA-5 and RSA-10 Series, Fuel Injection
Servos

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for Lycoming Engines IO, (L)IO, TIO, (L)TIO, AEIO, AIO, IGO, IVO,
and HIO series reciprocating engines, TCM TSIO-360-RB reciprocating
engines, and Superior Air Parts, Inc. IO-360 series reciprocating
engines with certain Precision Airmotive LLC RSA-5 and RSA-10 series
fuel injection servos. That AD currently requires inspecting servo
plugs for looseness and damage on fuel injection servos that have a
servo plug gasket, part number (P/N) 365533, installed, and if loose,
inspecting the servo regulator cover threads for damage, inspecting the
gasket for damage, reinstalling acceptable parts, and torquing the
servo plug to a new, higher torque to maintain the proper clamp-up
force between the plug and cover. This AD requires the same
inspections, except if the plug is found loose, servo plug gasket, P/N
365533, must be replaced with a new, improved gasket, P/N 2577258. This
AD also requires replacement by December 31, 2009, of servo plug
gaskets, P/N 365533, manufactured and made available on or after August
22, 2006, as mandatory terminating action to the repetitive inspections
required by this AD. This AD also prohibits the installation of any
servo plug gasket, P/N 365533. This AD also clarifies the TCM engine
model applicability, and adds Bendix RSA-5 and RSA-10 series fuel
injection servos to the applicability. This AD results from Precision
Airmotive LLC

introducing the installation of a new improved servo plug gasket, P/N
2577258, to the affected Precision Airmotive LLC RSA-5 and RSA-10
series, and Bendix RSA-5 and RSA-10 series, fuel injection servos. We
are issuing this AD to prevent a lean running engine, which could
result in a substantial loss of engine power and subsequent loss of
control of the airplane.

DATES: Effective February 9, 2009.
    We must receive any comments on this AD by March 24, 2009.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For Precision Airmotive LLC and
Bendix, Richard Simonson, Aerospace Engineer, Propulsion Branch, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98055; e-mail<EMAIL_ADDRESS>telephone (425)
917-6507; fax<PHONE_NUMBER>.
    For Lycoming Engines, Norm Perenson, Aerospace Engineer, New York
Aircraft Certification Office, FAA, Engine & Propeller Directorate,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    For Teledyne Continental Motors, Kevin Brane, Aerospace Engineer,
Atlanta Aircraft Certification Office, FAA, Small Airplane Directorate,
One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, GA 30349; e-
mail<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (770) 703-
6097.
    For Superior Air Parts, Inc., Tausif Butt, Aerospace Engineer,
Special Certification Office, FAA, Rotorcraft Directorate, Southwest
Regional Headquarters, 2601 Meacham Blvd., Fort Worth, Texas 76137; e-
mail<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (817) 222-
5785.

SUPPLEMENTARY INFORMATION: The FAA amends 14 CFR part 39 by superseding
AD 2008-08-14, Amendment 39-15466 (73 FR 19977, April 14, 2008). That
AD requires:
     Inspecting servo plugs for looseness and damage on fuel
injection servos that have a servo plug gasket, P/N 365533 installed
since August 22, 2006, and if loose;
     Inspecting both the threads on the servo plug and the
servo regulator cover for damage;
     Inspecting the gasket for damage, reinstalling acceptable
parts; and
     Torquing the servo plug to a new, higher torque to
maintain the proper clamp-up force between the plug and cover.

That AD was the result of eighteen reports of fuel injection servo
plugs, P/N 383493 that had loosened or completely backed out of the
threaded plug hole on the regulator cover of the fuel injection servo.
That condition, if not corrected, could result in a lean running
engine, which could result in a substantial loss of engine power and
subsequent loss of control of the airplane.

Actions Since AD 2008-08-14 Was Issued

    Since that AD was issued, Precision Airmotive LLC introduced the
installation of a new improved servo plug gasket, P/N 2577258, to the
Precision Airmotive LLC, RSA-5 and RSA-10 series, and Bendix, RSA-5 and
RSA-10 series, fuel injection servos. Installation of this gasket with
a new higher torque eliminates repetitive inspections of the servo
plug.
    Also since that AD was issued, we discovered that we inadvertently
omitted certain Bendix, RSA-5 and RSA-10 series, fuel injection servos,
from the AD applicability. We now include those fuel injection servos
in this AD applicability.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other engines of the same type design. We are issuing this
AD to prevent a lean running engine, which could result in a
substantial loss of engine power and subsequent loss of control of the
airplane. This AD requires:
     Inspecting servo plugs for looseness and damage on
affected fuel injection servos that have a servo plug gasket, P/N
365533, installed, and if loose;
     Inspecting both the servo plug and regulator threads for
damage;
     Replacing gasket P/N 365533, with gasket P/N 2577258;
     Torquing the servo plug to a new, higher torque to
maintain the proper clamp-up force between the plug and cover; and
     By December 31, 2009, as mandatory terminating action to
the repetitive inspections required by this AD, replacing all servo
plug gaskets, P/N 365533 on affected servos, with new, improved gasket,
P/N 2577258, and prohibiting the installation of P/N 365533 gaskets.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate
adoption of this AD, we have found that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to send us any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2008-0420; Directorate
Identifier 2008-NE-10-AD'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the rule that might suggest a need
to modify it.
    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 the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is the same as
the Mail address provided in the ADDRESSES

section. Comments will be available in the AD docket shortly after
receipt.

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.

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 this AD:
    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 a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Under 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. The FAA amends Sec.  39.13 by removing Amendment 39-15466 (73 FR
19977, April 14, 2008), and by adding a new airworthiness directive,
Amendment 39-15793, to read as follows:

2009-02-03 Precision Airmotive LLC and Bendix: Amendment 39-15793.
Docket No. FAA-2008-0420; Directorate Identifier 2008-NE-10-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
9, 2009.

Affected ADs

    (b) This AD supersedes AD 2008-08-14, Amendment 39-15466.

Applicability

    (c) This AD applies to the following reciprocating engines with
a Precision Airmotive LLC, RSA-5 or RSA-10 series, or Bendix, RSA-5
or RSA-10 series, fuel injection servo, having a servo plug gasket,
part number (P/N) 365533, that was installed under the fuel
injection servo plug, P/N 383493, on or after August 22, 2006:
    (1) Lycoming Engines IO, (L)IO, TIO, (L)TIO, AEIO, AIO, IGO,
IVO, and HIO series reciprocating engines.
    (2) Teledyne Continental Motors LTSIO-360-RB and TSIO-360-RB
reciprocating engines.
    (3) Superior Air Parts, Inc. IO-360 series reciprocating
engines.
    (d) This AD also applies to any other Precision Airmotive LLC
RSA-5 or RSA-10 series, or Bendix, RSA-5 or RSA-10 series, fuel
injection servo:
    (1) That was received for installation on an engine on or after
August 22, 2006 without a P/N 2577258 gasket and it does not have a
letter ``G'' on the fuel injection servo plug, P/N 383493; or
    (2) Any fuel injection servo that the installation history is
not known.

Unsafe Condition

    (e) This AD results from Precision Airmotive LLC introducing the
installation of a new improved servo plug gasket, P/N 2577258, to
the affected Precision Airmotive LLC RSA-5 and RSA-10 series, and
Bendix, RSA-5 and RSA-10 series, fuel injection servos. We are
issuing this AD to prevent a lean running engine, which could result
in a substantial loss of engine power and subsequent loss of control
of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed before further flight, unless the actions have already
been done.

Initial Inspection

    (g) Before further flight, inspect the fuel injection servo
plug, P/N 383493, for looseness, by attempting to turn it by hand,
while being careful not to damage the safety wire or seal. If the
plug moves, it is loose.
    (h) If the plug is not loose, go to paragraph (j) of this AD.
    (i) If the plug is loose, do the following:
    (1) Carefully cut and remove the safety wire that spans between
the servo plug and regulator cover only.
    (2) Remove the servo plug and gasket, P/N 365533, that is behind
the plug. The gasket may be slightly stuck to the regulator cover.
    (3) Examine the threads on the servo plug and regulator cover
for damage. Threads should be smooth and consistent, with no burrs
or chips. The servo plug outer diameter threads should also measure
within 0.7419-0.7500-inch.
    (4) If the threads on either the servo plug or the regulator
cover are damaged, or do not measure within the limits in paragraph
(i)(3) of this AD, the servo is not eligible for any installation
and must be replaced before further flight.
    (5) Replace the gasket, P/N 365533, with a new improved gasket,
P/N 2577258.
    (6) While the hex plug is removed, stamp or scribe the letter
``G'' onto the face of the hex plug. Information on stamping or
scribing can be found in Precision Airmotive LLC Mandatory Service
Bulletin (MSB) No. PRS-107 Revision 4, dated July 16, 2008.
    (7) When reassembling, do not install any servo plug or
regulator cover that is not eligible for installation. Install a new
gasket, P/N 2577258, onto the servo plug and reassemble the servo
plug to the regulator cover.
    (8) Torque the servo plug to a new, higher torque of 90-100 in-
lbs, to maintain the proper clamp-up force between the plug and
cover.
    (9) Safety wire the servo plug with 0.015 thru 0.025 inch
diameter wire to the regulator cover screws. Information on properly
safety wiring the plug can be found in Precision Airmotive LLC MSB
No. PRS-107, Revision 4, dated July 16, 2008.
    (10) Inspect all other safety wire on the servo. Replace any
that are damaged.

Repetitive Inspections

    (j) For servo plugs that passed inspection with a gasket, P/N
365533 installed, at every engine oil change or within every 50
hours of engine run time, whichever occurs first, repeat the
inspection and remedial steps specified in paragraphs (g) through
(i)(10) of this AD.

Mandatory Terminating Action

    (k) By December 31, 2009, as mandatory terminating action to the
repetitive inspections required by this AD, replace all servo plug
gaskets, P/N 365533 that are installed on servos affected by this
AD, with gasket, P/N 2577258.
    (l) Use paragraphs (i)(1) through (i)(10) of this AD, to do the
gasket replacements.

Prohibition of Installing Gasket P/N 365533

    (m) After the effective date of this AD, do not install gasket,
P/N 365533, onto any fuel injection servo.

Identification of Servo Plug Gaskets

    (n) Servo plug gaskets, P/N 365533, are identified as being made
of either a paper or fiber material, impregnated with synthetic
rubber. They are relatively flexible and have a rough surface.
    (o) Servo plug gaskets, P/N 2577258, are identified as being
made of metal with a coating of synthetic rubber. They are
relatively rigid and have a smooth surface.

Special Flight Permits Prohibited

    (p) Under 14 CFR part 39.23, we are prohibiting special flight
permits.

Alternative Methods of Compliance

    (q) The Manager, Seattle Aircraft Certification Office, may
approve alternative methods of compliance for this AD if requested
using the procedures found in 14 CFR 39.19.

Related Information

    (r) For Precision Airmotive LLC, Richard Simonson, Aerospace
Engineer, Propulsion Branch, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (425) 917-
6590.
    (s) For Lycoming Engines, Norm Perenson, Aerospace Engineer, New
York Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; e-
mail<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (516)
794-5531.
    (t) For Teledyne Continental Motors, Kevin Brane, Aerospace
Engineer, Atlanta Aircraft Certification Office, FAA, Small Airplane
Directorate, One Crown Center, 1895 Phoenix Blvd., Suite 450,
Atlanta, GA 30349; e-mail<EMAIL_ADDRESS>telephone (770) 703-
6063; fax<PHONE_NUMBER>.
    (u) For Superior Air Parts, Inc., Tausif Butt, Aerospace
Engineer, Special Certification Office, FAA, Rotorcraft Directorate,
Southwest Regional Headquarters, 2601 Meacham Blvd., Fort Worth,
Texas 76137; e-mail<EMAIL_ADDRESS>telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.
    (v) FAA Special Airworthiness Information Bulletin NE-09-04,
dated January 9, 2009, also pertains to checking servo plugs for
looseness on Precision Airmotive LLC RSA-5 and RSA-10 series, and
Bendix RSA-5 and RSA-10 series, earlier produced fuel injection
servos, not affected by this AD.
    (w) Precision Airmotive LLC MSB No. PRS-107, Revision 4, dated
July 16, 2008, also pertains to the subject of this AD. Contact
Precision Airmotive LLC, 14800 40th Avenue, NE., Marysville,
Washington 98271; telephone<PHONE_NUMBER>; http://
www.precisionairmotive.com, for a copy of this MSB.

Material Incorporated by Reference

    (x) None.

    Issued in Burlington, Massachusetts, on January 13, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-1047 Filed 1-22-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Page 43625]
[FR Doc No: 2016-15746]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4272-DR; Docket ID FEMA-2016-0001]

Texas; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4272-DR), dated June 11, 2016, and related
determinations.

DATES: Effective June 22, 2016.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas 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
June 11, 2016.

    Bastrop, Burleson, Eastland, Lee, Liberty, Stephens, and Tyler
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. 2016-15746 Filed 7-1-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30672-30674]
[FR Doc No: 2014-12222]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72204; File No. SR-ISE-2014-12]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Amending Rule 1614

May 21, 2014.
    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 May 8, 2014, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') 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 prepared by the
Exchange. The Exchange has 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend ISE Rule 1614 (Imposition of Fines
for Minor Rule Violations) to incorporate violations of ISE Rules 803
(Obligations of Market Makers) and 804 (Market Maker Quotations) into
the Minor Rule Violation Plan (``MRVP'') and to delete obsolete rule
text. The text of the proposed rule change is available on the
Exchange's Web site www.ise.com, at the principal office of the
Exchange, 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 self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend ISE Rule 1614
to: (1) Separate violations of the quotation spread parameters from one
violation into two: One for pre-opening quotation spread parameters and
one for post-opening quotation parameters, as set forth in ISE Rule 803
(Obligations of Market Makers); (2) incorporate violations for failing
to meet the Exchange's continuous quoting obligations, as set forth in
ISE Rule 804 (Market Maker Quotations); and (3) to delete obsolete rule
text.
    The Exchange believes most of these violations are inadvertent and
technical in nature. Processing these routine violations under the MRVP
would decrease the administrative burden of regulatory and enforcement
staff, as well as, that of the Business Conduct Committee. In addition,
staff would be able to more expeditiously process routine violations
under the MRVP.
    Quote Spread Obligations (Rule 803). The MRVP currently combines
pre-opening and post-opening quote spreads into one MRVP violation and
defines an instance as one quote violation. Under the current plan, if
a member has over forty (40) instances of quote spread violations, the
matter must be handled outside of the MRVP and a formal action must be
brought. Given these limitations, the Exchange has never been able to
use the MRVP for quote spread violations since Members average millions
of quotes per day. Therefore, the Exchange is now proposing to split
the quote spread

violations into two categories. One category would apply to pre-opening
quote spread violations, and one category would apply to post-opening
quote spread violations. Additionally, we are proposing to change the
application of the MRVP from applying to each ``instance'' of a quote
spread violation to each ``offense.'' For purposes of the MRVP, an
``offense'' will apply to any given month within a 24-month rolling
period.
    Given the proposal to split the quote spread violations into two
categories, e.g., pre-opening quote spreads and post-opening quote
spreads, the Exchange is proposing to move violations of Rule
805(b)(1)(i), which addresses order spreads, from Rule 1614(d)(5) to
both 1614(d)(6)(a) and 1614(d)(6)(b). This proposed change ensures that
violations of both quote spreads and order spreads that occur either
pre-open or post-open will be aggregated for the purposes of
determining the number violations under the MRVP.
    Continuous Quote Obligations (Rule 804). The Exchange is proposing
to add violations of the continuous quotation rule to the MRVP. These
are routine types of violations and the added flexibility of including
these matters in the MRVP will help streamline our surveillance and
enforcement program.
    For violations of Rule 1614(d)(6)(a) and (b) and proposed
1614(d)(11) the Exchange is proposing to consider violations that occur
in any given month within a 24-month rolling period as an ``offense.''
The Exchange is also proposing to change the applicability of the MRVP
for violations of Rule 1614(d)(6)(a) and (b) from violations occurring
within one calendar year to violations that occur within a rolling
twenty-four month period. Since the Exchange is proposing to aggregate
the violations that occur within a month and sanction the violations as
a single offense, the Exchange believes it is appropriate to consider
offenses that have occurred within the past twenty-four month rolling
period, as opposed to a calendar year, to determine the amount to fine
a firm and when to proceed with formal disciplinary action.
    The Exchange is proposing that the first offense would result in a
letter of caution, the second offense would result in a $1,000 fine,
the third offense would result in a $2,500 fine, the fourth offense
would result in a $5,000 fine and a fifth offense would result in
formal disciplinary action. With respect to violations of Rule
1614(d)(6)(a) and (b), the Exchange is proposing to change the fine
amounts to those discussed above from a letter of caution for the first
1 to 10 violations, $200 fine for 11 to 20 violations, $400 fine for 21
to 30 violations, $800 fine for 31 to 40 violations and formal
disciplinary actions for more than 40 violations. The Exchange believes
it is appropriate to charge a higher fine amount because the Exchange
is aggregating violations that occur in a month and sanction the
violations as a single offense. Given that the Exchange believes that
the proposed fine amounts are appropriate for violations of quote
spread parameters (proposed Rule 1614(d)(6)(a) and (b)), the Exchange
also believes that these same fine amounts should apply to violations
of the continuous quote spread parameters (proposed Rule 1614(d)(11)).
    As with other violations covered under the Exchange's Minor Rule
Violation Plan, any egregious activity may be referred to the
Exchange's Business Conduct Committee.
    Additionally, the Exchange is proposing to delete the reference to
Rule 717(a) and (f) in Rule 1614(d)(5) as those sections were rescinded
and to delete the sentence stating that each paragraph of Rule 717
subject to this Rule shall be treated separately for purposes of
determining the number of cumulative violations because this Rule now
only applies to sections (d) and (e) of Rule 717. Violations of
Sections (d) and (e) of Rule 717 will be aggregated for the purposes of
determining the number of violations under the MRVP because both
sections of the rule address order exposure requirements. The Exchange
is also proposing to rescind (d)(4) (Conduct and Decorum Policies) of
Rule 1614 as it is inapplicable to ISE's market structure as ISE is an
electronic exchange and this provision seems to relate to conduct and
decorum on floor-based exchanges.
    By promptly imposing a meaningful financial penalty for such
violations, the MRVP focuses on correcting conduct before it gives rise
to more serious enforcement action. The MRVP provides a reasonable
means of addressing rule violations that do not necessarily rise to the
level of requiring formal disciplinary proceedings, while also
providing a greater flexibility in handling certain violations.
Adopting a provision that would allow the Exchange to sanction
violators under the MRVP by no means minimizes the importance of
compliance with these rules. The Exchange believes that the violation
of any of its rules is a serious matter. The addition of a sanction
under the MRVP simply serves to add an additional method for
disciplining violators of the additional rules. The Exchange will
continue to conduct surveillance with due diligence and make its
determination, on a case by case basis, whether a violation of these
additional rules should be subject to formal disciplinary proceedings.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \6\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
and to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest, allowing the Exchange to have consistency between its
Minor Rule Violation Plan and the Minor Rule Violation Plan of other
SROs. Many other options exchanges administer violations for their
quotation spread rules and continuous quoting rules under their
MRVP.\7\ The Exchange believes that the proposed such change furthers
the objectives of Section 6(b)(1) \8\ of the Act to enforce compliance
by its Members of the Exchange's Rules, Section 6(b)(6) \9\ of the Act
to appropriately discipline Members for violations of Exchange Rules,
and Section 6(b)(7) \10\ of the Act to provide a fair procedure of
disciplining Members as the proposal will strengthen its ability to
carry out its oversight responsibilities as a self-regulatory
organization and reinforce its surveillance and enforcement functions.
Processing these routine violations under the MRVP would decrease the
administrative burden of regulatory and enforcement staff, as well as,
that of the Business Conduct Committee. In addition, staff would be
able to more expeditiously process routine violations under the MRVP.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ See Chicago Board Options Exchange Rule 17.50, C2 Rule
17.50, NYSE Arca Rule 10.12, BATS Exchange Rule 8.15, Nasdaq Options
Market rule, Chapter 10, Section 7, Boston Options Exchange Rule
12140 and Miami International Securities Exchange Rule 1014.
    \8\ 15 U.S.C. 78f(b)(1).
    \9\ 15 U.S.C. 78f(b)(6).
    \10\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

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

    Since this rule change is merely allowing the Exchange to process
certain rule violations through its MRVP that other exchanges already
process

through their MRVP, this filing does not implicate the burden analysis.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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) \11\ of the Act and Rule 19b-
4(f)(6) \12\ thereunder. The Exchange provided the Commission with
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing the proposed rule
change.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

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-ISE-2014-12 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-ISE-2014-12. 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 Web site (http://www.sec.gov/rules/sro.shtml.
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2014-12 and should be
submitted on or before June 18, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12222 Filed 5-27-14; 8:45 am]
BILLING CODE 8011-01-P


 MEMORANDUM

DATE: 11/24/14

FROM: 		Ken Mitchell/EPA Region 4

TO:CLEAN POWER PLAN FOR EXISTING POWER PLANTS; DOCKET ID: OAR - 2013-0602

SUBJECT:DISCUSSION OF THE CLEAN POWER Plan at Board Meeting of the American Lung Association of the Southeast

SUMMARY:         REGION 4 PROVIDED INFORMATION ON THE CLEAN POWER PLAN to participants at a Board Meeting of  the American Lung Association of the Southeast in Atlanta, GA, on October 10, 2014.  The Clean  Power Plan for Existing Power Plants was proposed on June 2, 2014.   ATTENDEES:

EPA Ken Mitchell/EPA R4

External Stakeholders June Deen/American Lung Association in Georgia, North Carolina, and South Carolina Approximately 35 other attendees

ATTACHMENT