[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Rules and Regulations]
[Pages 57098-57100]
[FR Doc No: 2015-24041]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0835]
RIN 1625-AA00

Safety Zone; Dredging, Rouge River, Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Rouge River in the vicinity of Detroit, MI. This
zone is intended to restrict and control movement of vessels in a
portion of the Rouge River. This zone is necessary to protect vessels
from potential hazards associated with dredging operations.

DATES: This rule is effective without actual notice from September 22,
2015 until 11:59 p.m. on September 24, 2015. For the purposes of
enforcement, actual notice will be used from 10 a.m. on August 25,
2015, until September 22, 2015.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0835 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Chief Petty Officer Jason Hampton,
Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-
9616, email<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background Information and Regulatory History

    On August 23, a 300-yard section of retaining wall along the
Carmeuse facility in River Rouge, MI collapsed, allowing an unknown
amount of surface materials, including rock and soil to spill into the
Rouge River. This material has created a hazard to navigation, by
causing uncertain shifts in the channel depth, and creating a possible
choke point in the river. The Army Corps of Engineer has conducted
initial surveys and determined that dredging will be required to
mitigate these hazards to vessel traffic.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has
determined that the spilled surface materials and dredging operations
on the Rouge River pose a significant risk to public safety and
property. Such hazards include potential collisions and groundings.

IV. Discussion of Rule

    This rule establishes a safety zone from 10 a.m. on August 25, 2015
until 11:59 p.m. on September 24, 2015. The safety zone will encompass
all waters of the Rouge River, Detroit, MI from the West Jefferson
Avenue Bridge at 42[deg]16.85' N., 083[deg]07.72' W., proceeding East
approximately 400-yards to a point mid-river at 42[deg]16.80' N.,
083[deg]07.47' W.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the COTP or a designated
representative. Vessel operators must contact the COTP or his on-scene
representative to obtain permission to transit through this safety
zone.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the COTP or his on-scene representative.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations
on small entities during rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of the Rouge River near Detroit, MI
from 10 a.m. August 25, 2015 until 11:59 p.m. September 24, 2015.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, the COTP would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

C. Assistance for Small Entities

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

D. Collection of Information

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

E. Federalism

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

F. Protest Activities

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

G. Unfunded Mandates Reform Act

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

H. Taking of Private Property

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

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity, and reduce burden.

J. Protection of Children

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

K. Indian Tribal Governments

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

L. Energy Effects

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

M. Technical Standards

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

N. Environment

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0835 to read as follows:

Sec.  165.T09-0835  Safety Zone; Dredging, Rouge River, Detroit, MI.

    (a) Location. The following area is a temporary safety zone: All
U.S. waters of the Rouge River, Detroit, MI from the West Jefferson
Avenue Bridge at 42[deg]16.85' N., 083[deg]07.72' W., proceeding East
approximately 400-yards to a point mid-river at 42[deg]16.80' N.,
083[deg]07.47' W.
    (b) Enforcement period. This rule is effective without actual
notice from September 22, 2015 until 11:59 p.m. on September 24, 2015.
For the purposes of enforcement, actual notice will be used from 10
a.m. on August 25, 2015, until September 22, 2015.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Detroit
(COTP), via Sector Detroit Command Center or his on-scene
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP, via the Command Center or his on-scene
representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.
    (4) Vessel operators must contact the COTP via the Command Center
to obtain permission to enter or operate within the safety zone. The
COTP may be contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP, via the Sector
Command Center or his on-scene representative.

    Dated: August 25, 2015.
Raymond Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2015-24041 Filed 9-21-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Notices]
[Page 46122-46124]
[DOCID:fr07au08-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58268; File No. SR-NYSE-2008-67]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Reduce the Order Flow Sent to the Specialist Application Programmed
Interface

July 30, 2008.
    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 July 29, 2008, New York Stock Exchange LLC (``NYSE'' 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 NYSE. NYSE filed the
proposed rule change pursuant to section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders it effective upon filing
with the Commission. 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).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE proposes to reduce the order flow sent to the Specialist
Application Programmed Interface (``Specialist APISM'' or ``SAPI'').
The text of the proposed rule change is available at NYSE, the
Commission's Public Reference Room, and http://www.nyse.com.

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

    In its filing with the Commission, NYSE included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NYSE 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
    NYSE proposes to reduce the information that is made available to
specialists with respect to orders as they enter Exchange systems. The
reduction of order information provided to the specialist is the
Exchange's way of gradually transitioning the specialists into their
new role as Designated Market Makers (``DMMs'').\5\ The DMM on the
Exchange will ultimately not be provided any order by order information
as of the complete implementation of the Exchange's enhancements to its
trading model.\6\
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    \5\ See generally Securities Exchange Act Release No. 58184
(July 17, 2008), 73 FR 42853 (July 23, 2008) (SR-NYSE-2008-46).
    \6\ Id.
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Background
    Pursuant to NYSE Rule 104, Exchange specialists in their capacity
as dealers for their assigned securities, maintain systems that use
proprietary algorithms, based on predetermined parameters, to
electronically participate in the Exchange market (``Specialist
Algorithm''). The Specialist Algorithm communicates with the NYSE
Display Book[supreg] system \7\ via an Exchange-owned external
application program interface (the ``API''). The Specialist Algorithm
is intended to replicate electronically some of the activities
specialists are permitted to engage in on the Floor in the auction
market and to facilitate the specialists' ability to fulfill their
obligation to maintain a fair and orderly market.
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    \7\ The Display Book[supreg] system is an order management and
execution facility. The Display Book system receives and displays
orders to the specialists, contains the Book, and provides a
mechanism to execute and report transactions and publish the results
to the Consolidated Tape. The Display Book system is connected to a
number of other Exchange systems for the purposes of comparison,
surveillance, and reporting information to customers and other
market data and national market systems.
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    Specialist Algorithms may generate quoting and trading messages as
prescribed by Exchange Rule 104(b)(i). To that end, the Specialist
Algorithm receives information via the API,\8\

including information about orders entering Exchange systems before
that information is available to other market participants. Specialist
Algorithms are only provided a copy of one order at a time and must
process and respond to each order prior to Exchange systems providing
any subsequent order information. Exchange systems enforce the proper
sequencing of incoming orders and messages generated by the Specialist
Algorithm in response to this information. Once an algorithmic message
is generated, it cannot be stopped, changed, or cancelled on its way to
the Display Book system.
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    \8\ Exchange systems provide specialist algorithms with the
following information: (1) Specialist dealer position; (2) quotes;
(3) information about orders in the Display Book system such as
limit orders, percentage orders (``state of the book''); (4)
incoming orders as they are entering NYSE systems; and (5)
information with respect to odd-lot executions to which the
specialist was the contra-side. In addition, a specialist firm may
supply its algorithm with any publicly available information the
specialist firm chooses. The Specialist Algorithm does not have
access to: (1) Information identifying the firms entering orders,
customer information, or an order's clearing broker; (2) Floor
broker agency interest files or aggregate Floor broker agency
interest available at each price; or (3) order cancellations, except
for cancel and replace orders. See NYSE Rule 104(c)(ii).
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Proposal To Reduce Order Information Provided to the Specialist
Algorithm
    As discussed above, the evolution of the Exchange's market model
will phase out the specialist's role and create a DMM. The DMM will be
a market maker with the ability to trade competitively for its dealer
account. As such, the Exchange has proposed that the DMM be on parity
with other market participants in the execution of market interest in
most automatic trading situations. Recognizing, that in order for the
DMM to compete on a more equal footing with other market participants,
the DMM should not have access to order information not available to
the other market participants; the Exchange will no longer provide the
DMM Algorithm with a copy of order by order information traditionally
provided to the specialist.
    In order to gradually transition specialists into their new DMM
role, the Exchange proposes to modify its systems so that the current
Specialist Algorithm will no longer receive a copy of all orders prior
to display. Instead, Exchange systems will provide in certain
securities, as explained further below, copies of the following types
of orders to the Specialist Algorithm: (i) Market orders; (ii) buy
limit orders priced at the NYSE bid price or sell limit orders priced
at the NYSE offer price; (iii) limit orders priced in between the NYSE
bid price and the NYSE offer price; and (iv) limit orders that are
priced at or through the opposite side quote (i.e., below the bid in
the case of an order to sell or at or above the offer in the case of an
order to buy).
    For example, if the NYSE is quoted at $10.05 bid and $10.10 offer,
Exchange systems will provide the Specialist Algorithm with copies of
the following:
    i. All market orders;
    ii. Buy orders priced at $10.05;
    iii. Sell orders priced at $10.10;
    iv. All buy and sell Limit orders priced at $10.06, $10.07, $10.08
and $10.09;
    v. Buy orders priced at $10.10 or greater; and
    vi. Sell orders priced at $10.05 or lower.
    The Exchange will commence the reduction of the order information
provided to the Specialist Algorithm in two securities. After a period
of monitoring Exchange system operation, the Exchange will
progressively implement the reduction in additional securities.\9\ It
is anticipated that this will result in a reduction of approximately
75% of orders provided to the Specialist Algorithm in those securities
where the order reduction is operational. Specialist Algorithms will
still be restricted to responding to one order at a time, and the
sequencing of order information and responses will continue to be
enforced by Exchange systems. When the new market model is fully
implemented,\10\ DMMs will not receive a copy of orders prior to the
order being published to Exchange systems.
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    \9\ Ultimately, the Exchange anticipates that the reduction of
order information will operate in all securities traded on the
Floor.
    \10\ Subject to Securities and Exchange Commission approval, the
Exchange anticipates that DMMs will begin to trade on parity in the
third quarter of 2008, and that the complete removal of order by
order information to the DMM will commence in the fourth quarter of
2008.
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    The Exchange believes that the reduction of order flow information
to the current Specialist Algorithm will not adversely affect the
quality of Exchange markets. Specialists will still be required to meet
their affirmative obligations to maintain fair and orderly markets in
their assigned securities.
2. Statutory Basis
    The basis under the Act \11\ for this proposed rule change is the
requirement under sections 6(b)(5) of the Act \12\ that an Exchange
have rules that are designed 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. The proposed rule change is designed to support the
principles of section 11A(a)(1) \13\ in that it seeks to assure
economically efficient execution of securities transactions and fair
competition among Exchange market participants.
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    \11\ 15 U.S.C. 78(a).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NYSE 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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\16\
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. The Exchange believes the
waiver of this period will allow it to immediately foster competition
by continuing the ability of all market participants to compete on a
more equal basis. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. The Commission hereby

grants the Exchange's request and designates the proposal as operative
upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
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.
NYSE has complied with this requirement.
    \17\ Id.
    \18\ For purposes only of waiving the 30-day operative delay of
this proposal, 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 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SRVNYSE-2008-67 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-67. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 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
NYSE. 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-
NYSE-2008-67 and should be submitted on or before August 28, 2008.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-18153 Filed 8-6-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 11, 2008 (Volume 73, Number 155)]
[Notices]
[Page 46657-46661]
[DOCID:fr11au08-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58302; File No. SR-FINRA-2008-039]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Adopt
FINRA Rules 5110 (Corporate Financing Rule), 5190 (Notification
Requirements for Offering Participants) and 6470 (Withdrawal of
Quotations in an OTC Equity Security in Compliance With SEC Regulation
M) in the Consolidated FINRA Rulebook

August 4, 2008.
    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 July 16, 2008, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been substantially prepared by
FINRA. 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

    FINRA is proposing to (1) adopt NASD Rule 2710, without material
change except for paragraphs (b)(10) and (11), as a FINRA rule in the
consolidated FINRA rulebook; and (2) clarify and streamline the notice
and other requirements in FINRA rules relating to Regulation M under
the Act (including paragraphs (b)(10) and (11) of NASD Rule 2710 and
paragraph (a) of Incorporated NYSE Rule 392). The proposed rule change
would renumber NASD Rule 2710 as FINRA Rule 5110 and adopt new FINRA
Rules 5190 and 6470 in the consolidated FINRA rulebook.
    The text of the proposed rule change is available at FINRA, on
FINRA's Web site at http://www.finra.org, and in 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, FINRA 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. FINRA 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
    As part of the process of developing the new consolidated rulebook
(``Consolidated FINRA Rulebook''),\3\ FINRA is proposing to (1) adopt
NASD Rule 2710 as FINRA Rule 5110, with the exception of paragraphs
(b)(10) and (11); (2) adopt new FINRA Rule 5190, which would house the
Regulation M-related notice requirements applicable to members
participating in securities offerings (including paragraphs (b)(10) and
(11) of NASD Rule 2710 and paragraph (a) of Incorporated NYSE Rule
392); (3) adopt new FINRA Rule 6470, which would house certain
Regulation M-related requirements that are currently in the OTC
Bulletin Board (``OTCBB'') rules and would apply to all OTC Equity
Securities;\4\ and (4) make conforming amendments to the Regulation M-
related rules applicable to the Alternative Display Facility (``ADF'').
---------------------------------------------------------------------------

    \3\ The current FINRA rulebook consists of two sets of rules:
(1) NASD Rules and (2) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together referred to as the ``Transitional
Rulebook''). The Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''). Dual
Members also must comply with NASD Rules. For more information about
the rulebook consolidation process, see FINRA Information Notice,
March 12, 2008 (Rulebook Consolidation Process).
    \4\ NASD Rule 6610(d) defines OTC Equity Security as ``any non-
exchange-listed security and certain exchange-listed securities that
do not otherwise qualify for real-time trade reporting.''
---------------------------------------------------------------------------

Corporate Financing Rule

    NASD Rule 2710 (Corporate Financing Rule), except paragraphs
(b)(10) and (11) (which are discussed below), regulates the
underwriting terms

and arrangements of most public offerings, including shelf offerings,
of securities sold through FINRA members. The Rule requires members to
file with FINRA's Corporate Financing Department (the ``Corporate
Financing Department'') information regarding initial public offerings
and certain secondary offerings and to submit pertinent documentation,
including registration statements. The Corporate Financing Department
reviews this information prior to commencement of the offering to
determine whether the underwriting compensation and other terms and
arrangements meet the requirements of applicable FINRA rules. Members
are required to receive the Corporate Financing Department's opinion of
no-objections to the offering terms prior to participating in the
offering.
    FINRA is proposing to adopt NASD Rule 2710 as FINRA Rule 5110 in
the Consolidated FINRA Rulebook. With the exception of the deletion of
paragraphs (b)(10) and (11), as discussed below, FINRA is proposing to
make only technical non-substantive changes to the Rule, such as
replacing references to NASD or the Association with FINRA, and certain
conforming changes to references in the Rule to, e.g., the Exchange
Act, SEA Rules, the Securities Act and Securities Act Rules.

Regulation M-Related Requirements

Background and Discussion of Current FINRA Rules
    Regulation M is designed to prevent manipulation by persons with an
interest in the outcome of an offering and generally prohibits
activities and conduct that could artificially influence the market for
an offered security.\5\ In this regard, Regulation M generally
prohibits underwriters, broker-dealers, issuers and other persons
participating in a distribution from directly or indirectly bidding for
or purchasing the offered security (or inducing another person to do
so) during the ``restricted period,'' which commences on the later of
either one or five business days prior to the determination of the
offering price or such time that a person becomes a distribution
participant. For purposes of determining whether a one or five-day or
no restricted period applies under Regulation M, the SEC has adopted a
dual standard of world-wide average daily trading volume (``ADTV'') and
public float value. Regulation M also governs certain market
activities, usually undertaken by the managing underwriter or
underwriting group (i.e., stabilizing bids, syndicate covering
transactions and penalty bids) \6\ in connection with an offering and
requires that notice of such activity be provided to the relevant self-
regulatory organization or, in the case of stabilizing bids, the market
where the stabilizing bid is to be posted. Finally, Regulation M
generally prohibits any person from selling short a security that is
the subject of a public offering and purchasing the security in the
offering if such short sale was effected during the restricted period
(which, for purposes of the short sale restrictions, generally is the
five-day period prior to pricing).\7\
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    \5\ See Exchange Act Release No. 38067 (December 20, 1996), 62
FR 520 (January 3, 1997).
    \6\ A ``stabilizing bid'' is a bid that is intended to maintain
the price of the offered security and is necessary to prevent or
retard a decline in the security's price. A ``penalty bid'' allows a
lead underwriter to reclaim a selling concession paid to a syndicate
member if that member's customers sell their allocated shares in the
immediate aftermarket. A ``syndicate covering transaction'' is
generally defined as placing a bid or effecting a purchase to reduce
a syndicate short position.
    \7\ See Exchange Act Release No. 56206 (August 6, 2007), 72 FR
45094 (August 10, 2007).
---------------------------------------------------------------------------

    As part of FINRA's program to monitor for member compliance with
Regulation M, FINRA's Market Regulation Department (the ``Market
Regulation Department'') reviews members' over-the-counter (``OTC'')
trading and quoting activity for prohibited purchases and/or bids
during the applicable restricted period and short sales during the
five-day period prior to pricing the offering. FINRA rules must ensure
that FINRA receives pertinent distribution-related information in a
timely fashion to facilitate this component of FINRA's Regulation M
compliance program.
    FINRA's current Regulation M-related rules comprise notice
requirements set forth in NASD Rule 2710(b)(10) and (11) and
Incorporated NYSE Rule 392 (Notification Requirements for Offerings of
Listed Securities), as well as marketplace-specific requirements in the
OTCBB and ADF rules. NASD Rule 2710(b)(10) requires members that are
acting as manager (or in a similar capacity) of a distribution of
unlisted securities that are considered a subject or reference security
subject to Rule 101 of Regulation M or an ``actively traded'' security
under Rule 101 of Regulation M to submit a request for an Underwriting
Activity Report (``UAR'') from the Market Regulation Department. The
request for a UAR, which is the mechanism by which FINRA currently
receives notice of prospective distributions, must be submitted at the
time a registration statement or similar offering document is filed
with the Corporate Financing Department, the SEC or other regulatory
agency and if not filed with any regulatory agency, at least two
business days prior to commencement of the restricted period. Such
request must include a copy of the registration statement or similar
offering document. If no member is acting as manager, then each member
that is a distribution participant or affiliated purchaser shall submit
the request for a UAR, unless another member has assumed responsibility
for compliance.
    NASD Rule 2710(b)(11) requires members that are acting as manager
(or in a similar capacity) of a distribution of securities that are
listed on a national securities exchange and considered a subject
security or reference security subject to Rule 101 of Regulation M or
an ``actively traded'' security under Rule 101 of Regulation M to
provide notice to the Market Regulation Department of the pricing of
the distribution, including the date and time of pricing, the offering
price and the time the distribution terminated. Such notice must be
provided no later than the close of business the day the offering
terminates and may be submitted on the UAR.
    Incorporated NYSE Rule 392(a) requires that Dual Members provide
notice of pricing and related information (including the restricted
period, if any, the offering price and the basis for pricing) in
connection with an offering of an NYSE-listed security. Incorporated
NYSE Rule 392(b) requires that Dual Members provide notice of syndicate
covering transactions and penalty and stabilizing bids in connection
with an offering of an NYSE-listed security.
    FINRA's OTCBB and ADF-related marketplace rules also include
certain Regulation M-related requirements. Any member that is a
distribution participant or affiliated purchaser in a distribution of
an OTCBB-eligible security must provide notice to the Corporate
Financing Department of its intention to impose a penalty bid or
conduct a syndicate covering transaction pursuant to Rule 104 of
Regulation M.\8\
---------------------------------------------------------------------------

    \8\ See NASD Rule 6540(d)(1)(D)(iii).
---------------------------------------------------------------------------

    In addition, members are required to withdraw their quotations in
the OTCBB (in OTCBB-eligible securities) and the ADF (in NMS stocks) to
comply with applicable restricted periods under Regulation M.
Specifically, a member that is a distribution participant or affiliated
purchaser in a distribution of an OTCBB-eligible security must withdraw
its quotations in the offered security \9\ and provide notice to
FINRA's Operations Department prior to

pricing.\10\ The member must also provide notice to the Market
Regulation Department upon the pricing of the distribution.\11\
Additionally, members are prohibited from entering stabilizing bids
pursuant to Rule 104 of Regulation M in the OTCBB.\12\
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    \9\ See NASD Rule 6540(d)(1)(D)(ii).
    \10\ See NASD Rule 6540(d)(1)(D)(i).
    \11\ See NASD Rule 6540(d)(1)(D)(iv).
    \12\ See NASD Rule 6540(d)(1)(D)(ii).
---------------------------------------------------------------------------

    With respect to quotations in the ADF, FINRA's Operations
Department may grant excused withdrawal status to a Registered
Reporting ADF Market Maker, as defined in NASD Rule 4200A(a)(14), that
is a distribution participant or affiliated purchaser in a distribution
of an NMS stock in order to comply with the applicable restricted
period under Regulation M.\13\ A member acting as manager (or in a
similar capacity), or any member that is a distribution participant or
affiliated purchaser in a distribution that does not have a manager,
must notify FINRA's ADF Operations and the Market Regulation Department
of a prospective distribution and request a withdrawal of each market
maker's quotations.\14\ Members also must submit a written request to
ADF Operations and the Market Regulation Department to rescind the
market maker's excused withdrawal status and provide notice of the date
and time of the pricing of the offering, the offering price, and the
time the offering terminated.\15\
---------------------------------------------------------------------------

    \13\ See NASD Rule 4619A(f).
    \14\ See NASD Rule 4619A(f)(1).
    \15\ See NASD Rule 4619A(f)(3).
---------------------------------------------------------------------------

Proposed New FINRA Rule 5190

    To clarify and streamline FINRA's rules in this area, FINRA is
proposing to consolidate and house all Regulation M-related notice
requirements in a single rule--proposed new FINRA Rule 5190
(Notification Requirements for Offering Participants). The scope of the
current rules and information required would be expanded, as necessary,
to impose consistent notice requirements relating to distributions of
listed and unlisted securities. The proposed rule change would ensure
that FINRA receives from its members pertinent distribution-related
information in a timely fashion.
    Proposed Rule 5190(c) sets forth the notice requirements applicable
to distributions of listed and unlisted securities that are ``covered
securities'' (as that term is defined under Regulation M) subject to a
restricted period under Rule 101 or 102 of Regulation M. Specifically,
proposed Rule 5190(c)(1)(A) would require members to determine, in
accordance with Regulation M, whether a distribution is subject to a
one-day or five-day restricted period under Rule 101 of Regulation M,
and provide written notice to FINRA of the members' determination and
the basis for such determination.\16\ Additionally, pursuant to
proposed Rule 5190(c)(1)(A), members would be required to include in
the written notice the contemplated date and time of commencement of
the restricted period, identifying the distribution participants and
affiliated purchasers.
---------------------------------------------------------------------------

    \16\ While the proposed rule change would place the onus of
determining the applicable restricted period on the member for all
distributions, as a practical matter, FINRA would accept
notification by a member that the maximum five-day restricted period
applies to a prospective distribution, without providing the basis
for that determination. If, on the other hand, a member were to
assert that a one-day or no restricted period applied to a
particular distribution, FINRA would require that the member
demonstrate the basis for that determination.
---------------------------------------------------------------------------

    Members would be required to provide such notice no later than the
business day prior to the first complete trading session of the
applicable restricted period, unless later notification is necessary
under specific circumstances.\17\ FINRA notes that where the principal
market closes early, e.g., for a holiday, the shortened session would
constitute a complete trading session for purposes of the proposed
Rule. NASD Rule 2710(b)(10) requires that notice be provided at the
time of filing the registration statement. However, for some
distributions, particularly shelf offerings, the registration statement
may be filed well in advance of commencement of the distribution. As a
result, by the time the distribution takes place, the information
previously provided by the member could be out-of-date or the ADTV or
public float levels could have changed, in which case a different
restricted period would apply.
---------------------------------------------------------------------------

    \17\ In most instances, FINRA would expect to receive
notification within the prescribed time frame, but may permit later
notification in limited circumstances. Such determination would be
made by the Market Regulation Department on a case-by-case basis.
For example, there may be instances where the nature of the
transaction has made it impossible to provide timely notice (e.g., a
private investment in public equity (``PIPE'') offering is commenced
and priced on the same day, and thus the member could not have
provided notice on the business day prior to the first complete
trading session of the applicable restricted period). Current NASD
Rule 4619A(f)(1), which sets forth the notice and withdrawal of
quotations requirements applicable to ADF participants for purposes
of compliance with Regulation M, similarly contemplates later
notification where necessary under the specific circumstances.
---------------------------------------------------------------------------

    The proposed rule change would eliminate the express requirement
under FINRA rules that members request a UAR and would instead permit
FINRA to prescribe the form in which notice and the required
information must be submitted to FINRA (including, as discussed above,
notice of the member's independent determination regarding whether a
restricted period applies).\18\ The proposed rule change also would
eliminate the requirement in NASD Rule 2710(b)(10) that members submit
a copy of the registration statement. The Market Regulation Department
does not rely on the registration statement in monitoring member
quoting and trading activity for purposes of Regulation M compliance.
Moreover, FINRA believes that this requirement could potentially
suggest that the Regulation M-related requirements are applicable only
to registered offerings when, in fact, certain unregistered offerings,
e.g., private placements and PIPEs, are subject to Regulation M and
FINRA's notice requirements.
---------------------------------------------------------------------------

    \18\ FINRA will announce the form and method of transmission in
a Notice to be published on its Web site. For example, such form
could include the request for a UAR in connection with distributions
of Nasdaq-listed securities.
    Additionally, FINRA notes that the Market Regulation Department
monitors for purposes of compliance with Regulation M on behalf of
the Nasdaq Exchange pursuant to a Regulatory Services Agreement
(RSA). The Market Regulation Department will continue to generate
UARs on behalf of the Nasdaq Exchange under the RSA to assist firms
in determining the applicable restricted period, as well as
applicable Nasdaq passive market making limits, under Regulation M
with respect to Nasdaq-listed securities pursuant to Nasdaq Exchange
rules.
---------------------------------------------------------------------------

    Proposed Rule 5190(c)(1)(B) would require that upon pricing a
distribution that is subject to a restricted period under Rule 101 of
Regulation M, members provide written notice to FINRA and the following
information: The security name and symbol, the type of security, the
number of shares offered, the offering price, the last sale before the
distribution, the pricing basis (e.g., the prior day closing price, a
negotiated price, last sale, etc.), the SEC effective date and time,
the trade date and the restricted period. Consistent with proposed
paragraph (c)(1)(A), members also would be required to identify the
distribution participants and affiliated purchasers.
    The notice under proposed Rule 5190(c)(1)(B) would be required to
be submitted no later than the close of business the next business day
following the pricing of the distribution, unless later notification is
necessary under specific circumstances. NASD Rule 2710(b)(11) requires
that notice of pricing be provided no later than the close of business
the day the offering terminates; however, most members immediately
provide notice of pricing today. In addition to being consistent

with current practice, the proposed rule change would ensure that FINRA
gets timely pricing information in instances where a distribution does
not terminate for weeks or even months after pricing.
    Finally, proposed Rule 5190(c)(1)(C) would require that members
provide written notice of the cancellation or postponement of any
distribution for which prior notice of commencement of the restricted
period has been provided to FINRA. Members would be required to provide
such notice immediately upon the cancellation or postponement of the
distribution.
    Proposed Rule 5190(c)(2) would require that any member that is an
issuer or selling security holder in a distribution of any security
that is a covered security subject to a restricted period under Rule
102 of Regulation M comply with the notice requirements of proposed
Rule 5190(c)(1), unless another member has assumed responsibility in
writing for compliance therewith. The proposed provision would ensure
that FINRA receives notice of any distribution in which a member is
participating as an issuer or selling security holder, to the extent
that notice of such distribution has not already been provided under
proposed Rule 5190.
    Proposed Rule 5190(d) sets forth the notice requirements applicable
to distributions of listed and unlisted securities that are considered
``actively traded'' securities and thus are not subject to a restricted
period under Rule 101 of Regulation M.\19\ In connection with such
distributions, pursuant to proposed Rule 5190(d)(1), members would be
required to provide written notice to FINRA of the member's
determination that no restricted period applies and the basis for such
determination. Proposed Rule 5190(d)(1) would require that such notice
be provided at least one business day prior to the pricing of the
distribution, unless later notification is necessary under specific
circumstances.
---------------------------------------------------------------------------

    \19\ The exclusion for ``actively traded securities'' removes
from Rule 101 of Regulation M securities with an ADTV value of at
least $1 million where the issuer's common equity securities have a
public float value of at least $150 million.
---------------------------------------------------------------------------

    Proposed Rule 5190(d)(2) would require that upon pricing a
distribution of a security that is considered ``actively traded'' under
Rule 101 of Regulation M, members provide written notice to FINRA and
the same pricing-related information that would be required under
proposed paragraph (c)(1)(B) (discussed above). Also consistent with
proposed paragraph (c)(1)(B), proposed Rule 5190(d)(2) would require
members to identify the distribution participants and affiliated
purchasers, and provide the required notice no later than the close of
business the next business day following the pricing of the
distribution, unless later notification is necessary under specific
circumstances.\20\
---------------------------------------------------------------------------

    \20\ FINRA notes that a member that is an issuer or selling
security holder in a distribution of an actively traded security
that is subject to a restricted period under Rule 102 of Regulation
M would be required to comply with the notice requirements under
proposed Rule 5190(c)(2).
---------------------------------------------------------------------------

    Under paragraphs (c)(1) and (d) of proposed Rule 5190, a member
acting as manager (or in a similar capacity) of the distribution would
have the obligation to submit the requisite notice to FINRA. However,
if no member is acting as manager (or in a similar capacity), then each
member that is a distribution participant or affiliated purchaser would
be required to provide notice to FINRA, unless another FINRA member has
assumed responsibility in writing for compliance with the notice
requirement. This is consistent with the current approach under NASD
Rule 2710(b)(10).\21\
---------------------------------------------------------------------------

    \21\ Members would be required to update the notice required
under the proposed Rule, as necessary (e.g., a manager would update
the notice where distribution participants are added after
commencement of the restricted period).
---------------------------------------------------------------------------

    Finally, proposed Rule 5190(e) would require members to provide
notice to FINRA of penalty bids or syndicate covering transactions in
connection with an offering of an OTC Equity Security. Members would be
required to provide notice to FINRA of their intention to conduct such
activity, prior to imposing the penalty bid or engaging in the first
syndicate covering transaction, as well as pertinent information, such
as identification of the security and its symbol and the date such
activity will occur. In addition, members would be required to
subsequently confirm such activity within one business day of
completion, including identification of the security and its symbol,
the total number of shares and the date(s) of such activity. The
proposed provision is substantially similar to NASD Rule
6540(d)(1)(D)(iii). By including these notice requirements in proposed
Rule 5190, the proposed rule change would clarify that they apply to
distributions of all OTC Equity Securities and are not limited to
distributions of OTCBB-eligible securities.
    In light of the foregoing, FINRA is proposing to delete paragraphs
(b)(10) and (11) from NASD Rule 2710 and Incorporated NYSE Rule 392 in
its entirety. The notice requirements of NASD Rule 2710(b)(10) and (11)
and Incorporated NYSE Rule 392(a) largely would be incorporated in
proposed Rule 5190. Because Incorporated NYSE Rule 392(b) is specific
to the NYSE marketplace, FINRA is not proposing that these requirements
become part of the Consolidated FINRA Rulebook.
Proposed Amendments to Marketplace Rules
    FINRA also is proposing to clarify the scope and application of the
Regulation M-related requirements that are in the current OTCBB and ADF
marketplace rules.\22\ FINRA is proposing to adopt new FINRA Rule 6470
(Withdrawal of Quotations in an OTC Equity Security in Compliance with
SEC Regulation M), which would (1) require a member that is a
distribution participant, affiliated purchaser, selling security holder
or issuer in a distribution of an OTC Equity Security that is a covered
security subject to Rule 101 or Rule 102 of Regulation M to withdraw
all quotations in the security during the restricted period; and (2)
prohibit the entry of stabilizing bids for the OTC Equity Security
pursuant to Rule 104 of Regulation M. Proposed Rule 6470 is
substantially similar to NASD Rule 6540(d)(1)(D)(ii) and would clarify
that the requirements apply not only to OTCBB-eligible securities, but
to all OTC Equity Securities quoted in any inter-dealer quotation
system (i.e., OTCBB and Pink Sheets). Thus, under the proposed rule
change, the Regulation M-related provisions would be deleted from the
OTCBB rules (specifically, paragraphs (d)(1)(D), (E) and (F) would be
deleted from NASD Rule 6540) and comparable requirements would be
housed in either proposed Rule 5190, as discussed above, or proposed
Rule 6470.
---------------------------------------------------------------------------

    \22\ On May 23, 2008, FINRA filed proposed rule change SR-FINRA-
2008-021, in which FINRA proposes, among other things, to adopt NASD
Marketplace Rules 4200A, 4619A and 6540 as FINRA Rules 6220, 6275
and 6540, respectively, and the NASD Rule 6600 Series as the FINRA
Rule 6400 Series, without material change, in the Consolidated FINRA
Rulebook. Assuming Commission approval of SR-FINRA-2008-021 prior to
the approval of this proposed rule change, FINRA will amend this
filing, as necessary, to reflect such approval.
    The Staff of the Commission (``Staff'') also notes that FINRA
has filed two other proposals related to NASD Rule 2710 previously
(SR-NASD-2004-022 and SR-FINRA-2007-009) that are outstanding. The
Staff has confirmed with FINRA that they will amend those filings to
reflect the movement of NASD Rule 2710 to the Consolidated FINRA
Rulebook.
---------------------------------------------------------------------------

    Second, FINRA is proposing to make certain conforming changes to
the Regulation M-related rules applicable to the ADF. Specifically,
FINRA is proposing to amend NASD Rule 4619A(f) to conform to the
language and structure of proposed Rule 6470. Thus, a Registered
Reporting ADF Market

Maker that is a distribution participant, affiliated purchaser, selling
security holder or issuer in a distribution of an NMS stock that is a
covered security subject to Rule 101 or 102 of Regulation M would be
required to request an excused withdrawal of its quotations in the ADF
in the offered security. FINRA believes that it is more appropriate to
impose such obligation on the member that is posting the quotation,
rather than require the manager of the distribution to do so on behalf
of each member. FINRA also is proposing to amend NASD Rule 4200A, which
sets forth the definitions applicable to the ADF rules, to make
technical and conforming changes such as adding necessary references to
Regulation M and deleting definitions that are currently not used in
the ADF rules.
    FINRA believes that the proposed rule change will significantly
improve the clarity of the current rules and enhance the information
FINRA receives, which will better enable FINRA to monitor member OTC
quoting and trading for purposes of Regulation M compliance.
    FINRA will announce the implementation date of the proposed rule
change in a Regulatory Notice to be published no later than 60 days
following Commission approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\23\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The rules being adopted as part of the Consolidated
FINRA Rulebook previously have been found to meet the statutory
requirements, and FINRA believes that those rules have since proven
effective in achieving the statutory mandates. In addition, FINRA
believes that the proposed rule change will significantly improve the
clarity of FINRA's current Regulation M-related rules and enhance
FINRA's ability to monitor member OTC quoting and trading for purposes
of Regulation M compliance.

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

    FINRA does not believe that the proposed rule change will result in
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

    Written comments were neither solicited nor received.

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

    \23\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number insert SR-FINRA-2008-039 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2008-039. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2008-039 and should be
submitted on or before September 2, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence Harmon,
Acting Secretary.
 [FR Doc. E8-18371 Filed 8-8-08; 8:45 am]

BILLING CODE 8010-01-P


Attachment:  List of Documents for AZM

Docket #  EPA-HQ-OPP-2005-0061

CBI CLEARANCE INDEX

POC INFORMATION:  Katie Hall,<PHONE_NUMBER>

Publication Date:   N/A

Document Title

CHEMICAL:   AZM	Source Information:  author (last, first); organization Date of Document	1) CBI

2) Other protected (e.g., study)

3) Copy-righted	Document Format & Number of Pages

Appendix A of the document, “Final Decisions for the Remaining Uses of Azinphos-methyl”	Hall, Katie, SRRD	11/16/07	1	11 p.

Letter from Bayer CropScience requesting “Amendment of AZM Applications and Request for Use Deletions and Voluntary Cancellation” Hodges, Larry, Bayer	11/15/07	1	5 p.

Letter from Makhteshim Agan of North America, Inc. requesting “Amendment of AZM Applications and Request for Use Deletions and Voluntary Cancellation”	Gur, Ephi, MANA	11/17/07	1	5 p.

Letter from Gowan Company requesting “Amendment of AZM Applications and Request for Use Deletions and Voluntary Cancellation”	Baker, Cindy, Gowan	11/24/07	1	5 p.

Letter from Arysta LifeScience requesting “Amendment of AZM Applications and Request for Use Deletions and Voluntary Cancellation” Washburn, Bill, Arysta	11/16/07	1	5 p.

 PAGE

 PAGE   1


[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Rules and Regulations]
[Page 66745-66747]
[DOCID:fr12no08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0849; Directorate Identifier 2008-NM-080-AD;
Amendment 39-15709; AD 2008-22-13]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Two operators of A300 aircraft fitted with General Electric (GE)
CF6-50 engine series have reported cracks on the lower side of Rib 5
in the pylon box.
* * * * *
    Investigations disclosed that these cracks are due to the
stresses resulting from the pressure applied by the thrust reverser
cowl bumpers.
* * * * *

Cracking of the engine pylons could result in reduced structural
integrity of the engine support structure. We are issuing this AD to
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective December 17, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 17,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 7, 2008 (73
FR 45891). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Two operators of A300 aircraft fitted with General Electric (GE)
CF6-50 engine series have reported cracks on the lower side of Rib 5
in the pylon box.
    The concerned area is similar on A310 aircraft fitted with GE
CF6-80A or CF6-80C series engines.
    Investigations disclosed that these cracks are due to the
stresses resulting from the pressure applied by the thrust reverser
cowl bumpers.
    As a result of the A310 Extended Service Goal (ESG) study, an
inspection programme of this area is required by this Airworthiness
Directive (AD).
    A similar inspection programme is being contemplated for A300
and A300-600 series aircraft.

Cracking of the engine pylons could result in reduced structural
integrity of the engine support structure. Corrective actions include
modifying the Rib 5 in the pylon box. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect about 33 products of U.S.
registry. We also estimate that it will take about 8 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $21,120, or $640 per
product.

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 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 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 regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-22-13 Airbus: Amendment 39-15709. Docket No. FAA-2008-0849;
Directorate Identifier 2008-NM-080-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A310-203, -204, and -304
airplanes, all serial numbers, certificated in any category;
excluding airplanes that have received Airbus Modification 11110
during production or that have been modified in service in
accordance with Airbus Service Bulletin A310-54-2032 (Airbus
Modification 11109).

Subject

    (d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Two operators of A300 aircraft fitted with General Electric (GE)
CF6-50 engine series have reported cracks on the lower side of Rib 5
in the pylon box.
    The concerned area is similar on A310 aircraft fitted with GE
CF6-80A or CF6-80C series engines.
    Investigations disclosed that these cracks are due to the
stresses resulting from the pressure applied by the thrust reverser
cowl bumpers.
    As a result of the A310 Extended Service Goal (ESG) study, an
inspection programme of this area is required by this Airworthiness
Directive (AD).
    A similar inspection programme is being contemplated for A300
and A300-600 series aircraft.

Cracking of the engine pylons could result in reduced structural
integrity of the engine support structure. Corrective actions
include modifying the Rib 5 in the pylon box.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Perform a high frequency eddy current (HFEC) inspection and
a detailed visual inspection on the lower side of Rib 5 of the left-
hand and right-hand pylons, in accordance with the Accomplishment
Instructions of Airbus Mandatory Service Bulletin A310-54-2036,
Revision 02, dated September 28, 2007. Do the inspections at the
times specified in paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as
applicable.
    (i) For Model A310-203 and -204 airplanes: Inspect at the later
of the times specified in paragraphs (f)(1)(i)(A) and (f)(1)(i)(B)
of this AD.
    (A) Prior to the accumulation of 40,000 total flight cycles or
60,000 total flight hours, whichever occurs first.
    (B) Within 250 flight hours after the effective date of this AD.
    (ii) For Model A310-304 airplanes: Inspect at the later of the
times specified in paragraphs (f)(1)(ii)(A) and (f)(1)(ii)(B) of
this AD.
    (A) Prior to the accumulation of 35,000 total flight cycles or
60,000 total flight hours, whichever occurs first.
    (B) Within 250 flight hours after the effective date of this AD.
    (2) If no crack is found during any inspection required by
paragraph (f)(1) of this AD: Repeat the inspections thereafter at
intervals not to exceed 15,000 flight hours.
    (3) If any crack is found during any inspection required by
paragraph (f)(1) of this AD: Before further flight, modify Rib 5 in
the pylon box in accordance with the Accomplishment Instructions of
Airbus Service Bulletins A310-54-2032, Revision 01, dated October 8,
2007. Accomplishment of this modification ends the repetitive
inspections required by this AD.
    (4) Accomplishment of the HFEC and detailed visual inspections
before the effective date of this AD in accordance with Airbus
Service Bulletin A310-54-2036, Revision 01, dated September 14,
1999, meets the corresponding requirements of paragraph (f) of this
AD.
    (5) Accomplishment of the modification before the effective date
of this AD in accordance with Airbus Service Bulletin A310-54-2032,
dated May 29, 1996, meets the corresponding requirements of
paragraph (f) of this AD.
    (6) Submit the initial inspection results specified in Appendix
01 of Airbus Mandatory Service Bulletin A310-54-2036, Revision 02,
dated September 28, 2007, at the time specified in paragraph
(f)(6)(i) or (f)(6)(ii) of this AD.
    (i) If the inspections were done after the effective date of
this AD: Within 30 days after accomplishing the inspections required
by paragraph (f)(1) of this AD.

    (ii) If the inspections were done prior to the effective date of
this AD: Within 30 days after the effective date of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: Although the MCAI allows further flight after cracks are
found during compliance with the required action, this AD requires
that you repair the crack(s) before further flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2125; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2008-0066, dated March 31, 2008; Airbus
Service Bulletin A310-54-2032, Revision 01, dated October 8, 2007;
and Airbus Mandatory Service Bulletin A310-54-2036, Revision 02,
dated September 28, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A310-54-2032, Revision
01, dated October 8, 2007; and Airbus Mandatory Service Bulletin
A310-54-2036, including Appendix 01, Revision 02, dated September
28, 2007; as applicable; to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 33 33; Internet http://www.airbus.com.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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.

    Issued in Renton, Washington, on October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25767 Filed 11-10-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Page 33901]
[FR Doc No: 2017-15331]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2088-000]

Apple Blossom Wind, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Apple Blossom Wind, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 3, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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>.

    Dated: July 14, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-15331 Filed 7-20-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7971-7972]
[FR Doc No: 2023-02559]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10661-051]

Indiana Michigan Power Company; Notice of Intent to Prepare an
Environmental Assessment

    On September 30, 2021, Indiana Michigan Power Company filed an
application for a subsequent license for the 1.2-megawatt Constantine
Hydroelectric Project No. 10661 (Constantine Project). The Constantine
Project is located on the St. Joseph River, in the Village of
Constantine, in St. Joseph County, Michigan. The project does not
occupy federal land.
    In accordance with the Commission's regulations, on September 30,
2022, Commission staff issued a notice that the project was ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff does not
anticipate that licensing the project would constitute a major federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to relicense the Constantine Project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA....................  July 2023\1\
Comments on EA..........................  August 2023.
------------------------------------------------------------------------

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    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
Constantine Project. Therefore, in accordance with CEQ's
regulations, the EA must be issued within 1 year of the issuance
date of this notice.
---------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Lee Emery at
(202) 502-8379 or [email protected].

    Dated: February 1, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-02559 Filed 2-6-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Pages 51938-51939]
[FR Doc No: 2018-22384]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-549-000]

Equitrans, LP; Notice of Application

    Take notice that on September 21, 2018, Equitrans, LP (Equitrans),
625 Liberty Avenue, Suite 1700, Pittsburgh, Pennsylvania 15222-33311,
filed an application pursuant to section 7(b) of the Natural Gas Act
(NGA) and the Federal Energy Regulatory Commission's (Commission)
regulations seeking authorization to abandon series of 18 Injection/
Withdrawal (I/W) wells in Equitrans' Swarts Complex by sale, abandoning
the associated well lines in place, and abandoning any associated
appurtenant facilities. These wells in the Swarts Complex that are
within the area that an incumbent coal mining company has designated
for expansion of its mining operations over an approximate ten and a
half year period commencing in December 2018. These Swarts Complex
facilities are located in Greene County, Pennsylvania, as more fully
described 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 protected] or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to Paul
W. Diehl, Counsel, Midstream, Equitrans, LP, 625 Liberty Avenue, Suite
1700, Pittsburgh, Pennsylvania, 15222, or call<PHONE_NUMBER>, or by
email: [email protected].
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 3 copies of filings made in the proceeding with the Commission
and must provide a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commentors will not be required to serve
copies of filed documents on all other parties. However, the non-party
commentors will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: 5 p.m. Eastern Time on October 26, 2018.

    Dated: October 5, 2018.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2018-22384 Filed 10-12-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Pages 3661-3662]
[FR Doc No: 2014-01060]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Availability of Noise Compatibility Program for Chicago Rockford
International Airport, Rockford, Illinois

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the updated noise exposure maps submitted by the
Greater Rockford Airport Authority for the Chicago Rockford
International Airport under the provisions of 49 U.S.C. 47501 et seq.
(Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in
compliance with applicable requirements.

DATES: This notice is effective January 22, 2014, and applicable
January 13, 2014. The public comment period ends February 14, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hanson, Environmental
Protection Specialist, CHI-603, Federal Aviation Administration,
Chicago Airport District Office, 2300 East Devon Avenue, Des Plaines,
IL 60018. Telephone number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the updated noise exposure maps submitted for Chicago Rockford
International Airport are in compliance with applicable requirements of
Title 14 Code of Federal Regulations (CFR) part 150. Under 49 U.S.C.
47503 of the Aviation Safety and Noise Abatement Act (hereinafter
referred to as ``the Act''), an airport operator may submit to the FAA
noise exposure maps which meet applicable regulations and which depict
non-compatible land uses as of the date of submission of such maps, a
description of projected aircraft operations, and the ways in which
such operations will affect such maps. The Act requires such maps to be
developed in consultation with interested and affected parties in the
local community, government agencies, and persons using the airport. An
airport operator who has submitted noise exposure maps that are found
by FAA to be in compliance with the requirements of 14 CFR part 150,
promulgated pursuant to the Act, may submit a noise compatibility
program for FAA approval which sets forth the measures the operator has
taken or proposes to take to reduce existing non-compatible uses and
prevent the introduction of additional non-compatible uses.
    The FAA has completed its review of the updated noise exposure maps
and accompanying documentation submitted by Greater Rockford Airport
Authority. The documentation that constitutes the ``noise exposure
maps'' as defined in Sec.  150.7 includes: Exhibit NEM-1, Existing
(2013) Noise Exposure Map; Exhibit NEM-2, Future (2018) Noise Exposure
Map; Table 2, Distribution of Average Daily Operations by Aircraft Type
Existing (2013) Conditions; Exhibit 2, INM Jet Departure Flight Tracks;
Exhibit 3, INM Jet Arrival Flight Tracks; Exhibit 4, INM Prop Departure
Flight Tracks; Exhibit 5, INM Prop Departure Flight Tracks; Exhibit 6,
INM Touch-and-Go Flight Tracks; Exhibit 8, Existing (2013) Noise
Exposure Contour Compared to (Previous) Future 2008 NEM/NCP (from 2003
Study); Exhibit 11, Existing (2013) Noise Exposure Contour compared to
Future (2018) Noise Exposure Contour; Table 14, Population, Housing,
and Noise-Sensitive Facilities Exposed to Various Noise Levels 2018
Noise Exposure; Table 15, Supplemental Grid Analysis Report-Existing
(2013) NEM Compared to Future (2018) NEM, and; Exhibit F-1, Existing
Noise-Sensitive Facilities and Historic Properties.
    The FAA has determined that these updated noise exposure maps and
accompanying documentation are in compliance with applicable
requirements. This determination is effective on January 13, 2014.
FAA's determination on an airport operator's noise exposure maps is
limited to a finding that the maps were developed in accordance with
the procedures contained in appendix A of 14 CFR Part 150. Such
determination does not constitute approval of the applicant's data,
information or plans, or a commitment to approve a noise compatibility
program or to fund the implementation of that program.
    If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a noise exposure map
submitted under section 47503 of the Act, it should be noted that the
FAA is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve

questions concerning, for example, which properties should be covered
by the provisions of section 47506 of the Act. These functions are
inseparable from the ultimate land use control and planning
responsibilities of local government. These local responsibilities are
not changed in any way under part 150 or through FAA's review of noise
exposure maps. Therefore, the responsibility for the detailed
overlaying of noise exposure contours onto the map depicting properties
on the surface rests exclusively with the airport operator that
submitted those maps, or with those public agencies and planning
agencies with which consultation is required under section 47503 of the
Act. The FAA has relied on the certification by the airport operator,
under Sec.  150.21 that the statutorily required consultation has been
accomplished.
    Copies of the full updated noise exposure map documentation and of
the FAA's evaluation of the maps are available for examination, upon
prior appointment during normal business hours, at the following
locations:
    Chicago Rockford International Airport, Greater Rockford Airport
Authority, 60 Airport Drive, Rockford, Illinois 61109.
    Federal Aviation Administration, Chicago Airports District Office,
2300 E. Devon, Suite 320, Des Plaines, IL 60018.
    Questions may be directed to the individual named above under the
heading FOR FURTHER INFORMATION CONTACT.

    Issued in Des Plaines, IL, January 13, 2014.
James G. Keefer,
Manager, Chicago Airports District Office, FAA Great Lakes Region.
[FR Doc. 2014-01060 Filed 1-21-14; 8:45 am]
BILLING CODE 4910-13-P