[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51079-51081]
[FR Doc No: 2016-18514]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 13 and 406

[Docket No. FAA-2016-7004 Amdt. Nos. 13-38, 406-10]
RIN 2120-AK90

Revisions to the Civil Penalty Inflation Adjustment Tables;
Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Interim final rule; correction.

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SUMMARY: The FAA is correcting an interim final rule titled ``Revisions
to the Civil Penalty Inflation Adjustment Tables'' that it published in
the Federal Register on July 5, 2016. That interim final rule was the
catch-up inflation adjustment to civil penalty amounts that may be
imposed for violations of Federal Aviation Administration (FAA)
regulations, as required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015. In that document, there were
several errors that need to be corrected before the rule becomes
effective. This document addresses those errors.

DATES: This correction is effective on August 5, 2016.

FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Attorney, Office of
the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Prior to the July 5 final rule's
publication, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), the Department of Transportation (DOT) agency primarily
responsible for developing and enforcing hazardous materials
regulations, published its catch-up adjustments for civil penalties,
including those for violations of 49 U.S.C. 5123(a)(3). The FAA is
amending its catch-up adjustment for 49 U.S.C. 5123(a)(3) to harmonize
it with PHMSA's.

Background

    On July 5, 2016, the FAA published an interim final rule titled
``Revisions to the Civil Penalty Inflation Adjustment Tables'' (81 FR
43463). The intent of that rule is to implement the Federal Civil
Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law (Pub.
L.) 101-410, as amended by the Debt Collection Improvement Act (DCIA)
of 1996, Pub. L. 104-134, and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (2015 Act), Pub. L. 114-74,
codified at 28 U.S.C. 2461 note.
    The FCPIAA, DCIA, and the 2015 Act require Federal agencies to
adjust minimum and maximum civil penalty amounts for inflation to
preserve their deterrent impact. The 2015 Act amended the formula and
frequency of inflation adjustments. It required an initial catch-up
adjustment in the form of an interim final rule, followed by annual
adjustments of penalty amounts. The amount of the adjustment must be
made using a strict statutory formula that was discussed in the final
rule and is corrected as indicated below.
    As mentioned above, the FAA's interim final rule was published on
July 5, 2016, and included an inflation adjustment for civil penalties
associated with hazardous materials training violations under 49 U.S.C.
5123(a)(3). On June 29, 2016, prior to the FAA's civil penalty
inflation adjustment publication, the Pipeline and Hazardous Materials
Safety Administration (PHMSA), the DOT agency primarily responsible for
developing and enforcing hazardous materials regulations, also
published its catch-up adjustments for civil penalties, including those
for violations of 49 U.S.C. 5123(a)(3). PHMSA, however, came up with a
different adjustment to the minimum penalty for training than the FAA.
PHMSA read technical amendments made to section 5123(a)(3) in 2012 to
be adjusting the minimum penalty back down from a 2009 PHMSA inflation
adjustment. See Moving Ahead for Progress in the 21st Century Act (MAP-
21), Pub. L. 112-141, 33010, 126 Stat. 405, 837, (2012); 74 FR 68701
(Dec. 29, 2009). It therefore concluded that 2012 was the year the
minimum penalty was established or adjusted. FAA concluded that 2005
was the correct year upon which to base adjustments because Congress
established the $450 minimum that year and did not change it in its
2012 amendments. Compare Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L.
109-59, 7120, 119 Stat. 1144, 1905 (2005) with MAP-21, 126 Stat. at
837. Because PHMSA is the primary DOT agency in the area of hazardous
materials safety, and because its calculation is reasonable, the FAA is
correcting its catch-up adjustment to harmonize it with PHMSA's.
    The FAA is also making technical corrections to its interim final
rule. First, it is correcting the effective date noted in the table
included in 14 CFR 13.301(c), to reflect the correct effective date of
August 5, 2016 (not August 1, 2016). Second, the word ``established''
is replacing the word ``set'' when used in reference to the ``catch-up
adjustment'' formula provided by the 2015 Act to make the text of the
interim final rule consistent with the statutory text of the 2015 Act.
Finally, the FAA is correcting the reference to ``section 5123'' in the
hazmat adjustment example for 49 U.S.C. 5123(a)(1), provided in the
background section of the interim final rule, to specifically reference
section 5123(a)(1).

Correction

    In FR Doc. 2016-7004, beginning on page 43463 in the Federal
Register of July 5, 2016, make the following corrections:
    1. On page 43464, in the second column, under the heading
``Background'', in the second paragraph,

correct the seventh line by replacing the word ``set'' with
``established''.
    2. On page 43464, in the third column, correct the ninth line from
the top by replacing the word ``set'' with ``established''.
    3. On page 43464, in the third column, correct subparagraph (1) by
replacing the word ``set'' with ``established'' in both places it is
used, replacing the word ``reset'' with ``adjusted'' and replacing the
words ``Section 5123'' with ``Section 5123(a)(1)''.
    4. On page 43464, correct the heading of the second column of the
table by replacing the word ``set'' with ``established''.
    5. On page 43464, correct the heading of the third column of the
table by replacing the word ``set'' with ``established''.
    6. On page 43464, correct the second column of the table by
replacing ``2005'' with ``2012'' in the third line (referencing 49
U.S.C. Statute 5123(a)(3)).
    7. On page 43464, correct the fourth column of the table by
replacing ``1.19397'' with ``1.02819'' in the third line (referencing
49 U.S.C. Statute 5123(a)(3)).
    8. On page 43464, correct the fifth column of the table by
replacing ``537'' with ``463'' in the third line (referencing 49 U.S.C.
Statute 5123(a)(3)).

Sec.  13.301  [Corrected]

0
9. On page 43467, correct Sec.  13.301 by revising paragraph (c) to
read as follows:
    (c) Minimum and maximum civil monetary penalties within the
jurisdiction of the FAA are as follows:

                 Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After August 5, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Maximum penalty
                                     Civil monetary penalty      Minimum penalty     New or adjusted minimum     amount when last      New or adjusted
   United States Code citation            description                amount               penalty amount          established or       maximum penalty
                                                                                adjusted by Congress         amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a), subparagraph    Violation of hazardous     Deleted 7/6/2012....  N/A......................  $75,000 per           $77,114.
 (1).                               materials transportation                                                    violation, adjusted
                                    law.                                                                        7/6/2012.
49 U.S.C. 5123(a), subparagraph    Violation of hazardous     Deleted 7/6/2012....  N/A......................  $175,000 per          $179,933.
 (2).                               materials transportation                                                    violation, adjusted
                                    law resulting in death,                                                     7/6/2012.
                                    serious illness, severe
                                    injury, or substantial
                                    property destruction.
49 U.S.C. 5123(a), subparagraph    Violation of hazardous     $450 per violation,   $463.....................  $75,000 per           $77,114.
 (3).                               materials transportation   adjusted.                                        violation, adjusted
                                    law relating to training. 7/6/2012............                              7/6/2012.
49 U.S.C. 46301(a)(1)............  Violation by a person      N/A.................  N/A......................  $25,000 per           $32,140.
                                    other than an individual                                                    violation,
                                    or small business                                                           established 12/12/
                                    concern under 49 U.S.C.                                                     2003.
                                    46301(a)(1)(A) or (B).
49 U.S.C. 46301(a)(1)............  Violation by an airman     N/A.................  N/A......................  $1,100 per            $1,414.
                                    serving as an airman                                                        violation, adjusted
                                    under 49 U.S.C.                                                             12/12/2003.
                                    46301(a)(1)(A) or (B)
                                    (but not covered by
                                    46301(a)(5)(A) or (B).
49 U.S.C. 46301(a)(1)............  Violation by an            N/A.................  N/A......................  $1,100 per            $1,414.
                                    individual or small                                                         violation, adjusted
                                    business concern under                                                      12/12/2003.
                                    49 U.S.C. 46301(a)(1)(A)
                                    or (B) (but not covered
                                    in 49 U.S.C.
                                    46301(a)(5)).
49 U.S.C. 46301(a)(3)............  Violation of 49 U.S.C.     N/A.................  N/A......................  Increase above        No change.
                                    47107(b) (or any                                                            otherwise
                                    assurance made under                                                        applicable maximum
                                    such section) or 49                                                         amount not to
                                    U.S.C. 47133.                                                               exceed 3 times the
                                                                                amount of revenues
                                                                                that are used in
                                                                                violation of such
                                                                                section.
49 U.S.C. 46301(a)(5)(A).........  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern (except                                                    established 12/12/
                                    an airman serving as an                                                     2003.
                                    airman) under 49 U.S.C.
                                    46301(a)(5)(A)(i) or
                                    (ii).
49 U.S.C. 46301(a)(5)(B)(i)......  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern related                                                    established 12/12/
                                    to the transportation of                                                    2003.
                                    hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii).....  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern related                                                    established 12/12/
                                    to the registration or                                                      2003.
                                    recordation under 49
                                    U.S.C. chapter 441, of
                                    an aircraft not used to
                                    provide air
                                    transportation.

49 U.S.C. 46301(a)(5)(B)(iii)....  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern of 49                                                      established 12/12/
                                    U.S.C. 44718(d),                                                            2003.
                                    relating to limitation
                                    on construction or
                                    establishment of
                                    landfills.
49 U.S.C. 46301(a)(5)(B)(iv).....  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern of 49                                                      established 12/12/
                                    U.S.C. 44725, relating                                                      2003.
                                    to the safe disposal of
                                    life-limited aircraft
                                    parts.
49 U.S.C. 46301(b)...............  Tampering with a smoke     N/A.................  N/A......................  $2,000 per            $4,126.
                                    alarm device.                                                               violation,
                                                                                established 12/22/
                                                                                1987.
49 U.S.C. 46302..................  Knowingly providing false  N/A.................  N/A......................  $10,000 per           $22,587.
                                    information about                                                           violation,
                                    alleged violation                                                           established 10/12/
                                    involving the special                                                       1984.
                                    aircraft jurisdiction of
                                    the United States.
49 U.S.C. 46318..................  Interference with cabin    N/A.................  N/A......................  $25,000, established  $34,172.
                                    or flight crew.                                                             4/5/2000.
49 U.S.C. 46319..................  Permanent closure of an    N/A.................  N/A......................  $10,000 per day,      $12,856.
                                    airport without                                                             established 12/12/
                                    providing sufficient                                                        2003.
                                    notice.
49 U.S.C. 47531..................  Violation of 49 U.S.C.     N/A.................  N/A......................  See 49 U.S.C.         No change.
                                    47528-47530, relating to                                                    46301(a)(1)(A) and
                                    the prohibition of                                                          (a)(5), above.
                                    operating certain
                                    aircraft not complying
                                    with stage 3 noise
                                    levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued under authority provided by 28 U.S.C. 2461 and 49 U.S.C.
106(f), 44701(a), and 46301 in Washington, DC, on July 26, 2016.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2016-18514 Filed 8-2-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]
[Page 29836]
[DOCID:fr22my08-107]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Special Committee 218/Future ADS-B/TCAS Relationships

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Notice of RTCA Special Committee 218/Future ADS-B/TCAS
Relationships

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 218/Future ADS-B/TCAS Relationships

DATES: The meeting will be held June 17-18, 2008, from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1828 L Street,
NW., Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (P.L. 92-463, 5 U.S.C., Appendix 2), notice is
hereby given for a Special Committee 218/ Future ADS-B/TCAS
Relationships meeting.
     June 17-18:
     Open Plenary (Welcome, Introductions, Administrative
Remarks, Agenda Review);
     RTCA Functional Overview;
     Industry Activities Related to ADS-B/TCAS--Review;
     Committee Scope--Terms of Reference:
     Presentation, Discussion, Recommendations;
     European I EUROCAE Review;
     Organization of Work, Assign Tasks and Workgroup;
     Presentations, Discussions, Recommendations;
     Assignment of Responsibilities;
     Consider/Review Liaison with Other Active Committees;
     Closing Session (Next Meeting Dates, Location and Agenda
for Next meeting, Other Business).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on May 12, 2008.
Francisco Estrada C.,
RTCA Advisory Committee.
 [FR Doc. E8-11272 Filed 5-21-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66658-66659]
[FR Doc No: 2016-23385]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2016-0010; FRL 9953-27-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Recordkeeping for Institutional Dual Use
Research of Concern (iDURC) Policy Compliance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``Recordkeeping for Institutional
Dual Use Research of Concern (iDURC) Policy Compliance'' (EPA ICR No.
2530.02, OMB Control No. 2080-0082) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a request for extension
of the ICR currently approved through September 30, 2016. Public
comments were previously requested via the Federal Register (81 FR
33530) on May 26, 2016 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before October 28,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
ORD-2016-0010, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Brendan Doyle, Office of Research and
Development, Mail Code: 8801R, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-
4584; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: To comply with the U.S. Government Policy for
Institutional Oversight of Life Sciences Dual Use Research of Concern
(Policy) (www.phe.gov/s3/dualuse/Pages/default.aspx), EPA must ensure
that the institutions that are subject to the Policy train their
laboratory personnel and maintain records of that training. This
training is specific to ``dual use research of concern,'' and should
include

information on how to properly identify DURC and appropriate methods
for ensuring research that is determined to be DURC is conducted and
communicated responsibly.
    Form Numbers: None.
    Respondents/affected entities: Private sector and the federal-
owned/contractor-operated labs.
    Respondent's obligation to respond: Mandatory (per EPA Order
1000.19: Policy and Procedures for Managing Dual Use Research of
Concern).
    Estimated number of respondents: 24 (total).
    Frequency of response: Only once and/or as necessary.
    Total estimated burden: 72 hours (per year over three years).
Burden is defined at 5 CFR 1320.03(b).
    Total estimated cost: $4,320 (per year over three years), includes
$0 annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is no increase or decrease of hours
in the total estimated respondent burden compared with the emergency
ICR currently approved by OMB. This burden is expected to stay the same
due to the same number of estimated respondents and research projects.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2016-23385 Filed 9-27-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Page 14572]
[FR Doc No: 2012-5855]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 15g-5, OMB Control No. 3235-0394, SEC File No. 270-348.
    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in the following rule: Rule 15g-
5--Disclosure of compensation to associated persons in connection with
penny stock transactions (17 CRF 240.15g-5) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Rule 15g-5 requires brokers and dealers to disclose to customers
the amount of compensation to be received by their sales agents in
connection with penny stock transactions. The purpose of the rule is to
increase the level of disclosure to investors concerning penny stocks
generally and specific penny stock transactions.
    The Commission estimates that approximately 209 broker-dealers will
spend an average of 87 hours annually to comply with the rule. Thus,
the total compliance burden is approximately 18,183 burden-hours per
year.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    The commission may not conduct or sponsor collection of information
unless it displays a currently valid control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the PRA that does not display a valid Office of
Management and Budget (OMB) control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
email to<EMAIL_ADDRESS>
    Dated: March 6, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5855 Filed 3-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48696-48697]
[FR Doc No: 2021-18778]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8829-01-OCSPP]

Access to Confidential Business Information by Eastern Research
Group and PG Environmental

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractors, Eastern Research Group
(ERG) of Lexington, MA, to access information which has been submitted
to EPA under all sections of the Toxic Substances Control Act (TSCA).
Some of the information may be claimed or determined to be Confidential
Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than
September 7, 2021.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Colby Lintner, Project Management and Operations Division (7407M),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004 is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

II. What action is the Agency taking?

    Under EPA contract number 68HERD20A0002/68HERH21F0196, contractor
ERG of 110 Hartwell Ave, Suite 1, Lexington, MA will assist the

Office of Pollution Prevention and Toxics (OPPT) support for
Engineering Assessments for the Exposure Evaluation and Assessment of
Chemical Substances & Related Regulatory Actions.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number 68HERD20A0002/68HERH21F0196, ERG will require
access to CBI submitted to EPA under all sections of TSCA to perform
successfully the duties specified under the contract. ERG personnel
will be given access to information submitted to EPA under all sections
of TSCA. Some of the information may be claimed or determined to be
CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide ERG access to these CBI
materials on a need-to-know basis only. All access to TSCA CBI under
this contract will take place at EPA Headquarters and ERG's site
located at 14555 Avion Parkway, Suite 200, Chantilly, VA, in accordance
with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until April 21,
2022. If the contract is extended, this access will also continue for
the duration of the extended contract without further notice.
    ERG personnel will be required to sign nondisclosure agreements and
will be briefed on appropriate security procedures before they are
permitted access to TSCA CBI.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: August 25, 2021.
Vickie Richardson,
Acting Director, Project Management and Operations Division, Office of
Pollution Prevention and Toxics.
[FR Doc. 2021-18778 Filed 8-30-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Notices]
[Pages 14064-14065]
[FR Doc No: 2014-05314]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or the regulatory floodway (hereinafter
referred to as flood hazard determinations) as shown on the indicated
Letter of Map Revision (LOMR) for each of the communities listed in the
table below are finalized. Each LOMR revises the Flood Insurance Rate
Maps (FIRMs), and in some cases the Flood Insurance Study (FIS)
reports, currently in effect for the listed communities. The flood
hazard determinations modified by each LOMR will be used to calculate
flood insurance premium rates for new buildings and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard determinations are the basis for
the floodplain management measures that the community is required
either to adopt or to show evidence of being already in effect in order
to remain qualified for participation in the National Flood Insurance
Program (NFIP).
    These new or modified flood hazard determinations, together with
the floodplain management criteria required by 44 CFR 60.3, are the
minimum that are required. They should not be construed to mean that
the community must change any existing ordinances that are more
stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities.
    These new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Chief executive         Community map                                         Community
          State and county            Location and case No.  officer of  community        repository        Effective date of  modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oklahoma:
    Osage (FEMA Docket No.: B-1354)  Unincorporated areas    The Honorable Bob      Osage County Planning  December 6, 2013................       400146
                                      of Osage County (13-    Jackson, Chairman,     and Zoning, 628
                                      06-2146P).              Osage County           Kihekah Avenue,
                                                              Commissioners, 1125    Pawhuska, OK 74056.
                                                              West Main Street,
                                                              Pawhuska, OK 74056.
    Tulsa (FEMA Docket No.: B-1354)  City of Sand Springs    The Honorable Mike L.  Public Works           December 6, 2013................       400211
                                      (13-06-2146P).          Burdge, Mayor, City    Building, 109 North
                                                              of Sand Springs,       Garfield Avenue,
                                                              P.O. Box 338, Sand     Sand Springs, OK
                                                              Springs, OK 74063.     74063.
Texas:
    Tarrant (FEMA Docket No.: B-     City of Forest Hill     The Honorable Gerald   City Hall, 3219        December 9, 2013................       480595
     1354).                           (13-06-1913P).          Joubert, Mayor, City   California Parkway,
                                                              of Forest Hill, 3219   Forest Hill, TX
                                                              California Parkway,    76119.
                                                              Forest Hill, TX
                                                              76119.

    Williamson (FEMA Docket No.: B-  City of Leander (12-06- The Honorable Chris    City Hall, 200 West    December 2, 2013................       481536
     1354).                           1659P).                 Fielder, Mayor, City   Willis Street,
                                                              of Leander, 200 West   Leander, TX 78641.
                                                              Willis Street,
                                                              Leander, TX 78641.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: January 31, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-05314 Filed 3-11-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Notices]
[Page 47651-47652]
[DOCID:fr06au10-140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62605; File No. SR-NASDAQ-2010-068]

 Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Order Approving a Proposed Rule Change to Establish a Revenue Sharing
Program With Correlix, Inc.

July 30, 2010.
    On June 8, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to establish a revenue sharing program with
Correlix, Inc. (``Correlix''). The proposed rule change was published
for comment in the Federal Register on

June 25, 2010.\3\ The Commission received no comment letters on the
proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62326 (June 18,
2010), 75 FR 36460 (``Notice'').
---------------------------------------------------------------------------

    In its proposal, NASDAQ described real-time analytical tools
offered by Correlix to measure the latency of orders to and from the
NASDAQ Market Center, and also described the terms of the pricing and
the revenue sharing agreement between Correlix and the Exchange. In
addition, NASDAQ represented that under the agreement, NASDAQ will
receive 30% of the total monthly subscription fees received by Correlix
from parties who have contracted directly with Correlix to use their
RaceTeam latency measurement service for the NASDAQ Market Center.
According to the Exchange, NASDAQ will not bill or contract with any
Correlix RaceTeam customer directly.
    Pricing for the Correlix RaceTeam product for the NASDAQ market
varies depending on the number of unique MPIDs and ports selected by
the customer for monitoring by Correlix. For NASDAQ (including the
NASDAQ Options Market), the fee will be an initial $3,000 monthly base
fee for the first unique MPID monitored. For each additional unique
MPID sought to be monitored, an additional monthly charge of $1,000
will be assessed. The monthly price for each unique MPID includes the
monitoring of up to 25 NASDAQ port connections associated with that
particular MPID. Customers that wish to exceed 25 ports per MPID for
monitoring can purchase additional 25 port blocks for an additional fee
of $1,000 per month per MPID.
    According to the Exchange, Correlix will see an individualized
unique NASDAQ-generated identifier that will allow Correlix RaceTeam to
determine round-trip order time,\4\ from the time the order reaches the
NASDAQ extranet, through the NASDAQ matching engine, and back out of
the NASDAQ extranet. In its proposal, the Exchange represented that the
RaceTeam product offering does not measure latency outside of the
NASDAQ extranet. Further, NASDAQ stated that the unique identifier
serves as a technological information barrier so that the RaceTeam data
collector will only be able to view data for Correlix RaceTeam
subscriber firms related to latency. Accordingly, Correlix will not see
subscriber's individual order detail such as security, price or size;
individual RaceTeam subscribers' logins will restrict access to only
their own latency data; and Correlix will not see specific information
regarding the trading activity of non-subscribers.
---------------------------------------------------------------------------

    \4\ According to NASDAQ, the product measures latency of orders
regardless of whether the orders are rejected, executed, or
partially executed.
---------------------------------------------------------------------------

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\5\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\6\ which requires that the
rules of a national securities exchange provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and issuers and other persons using its facilities, and with Section
6(b)(5) of the Act,\7\ which requires, among other things, that that
the rules of a national securities exchange be designed to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest, and not
be designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \5\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Pursuant to the arrangement, NASDAQ makes the RaceTeam product
uniformly available to all customers who voluntarily request it and pay
the fees as detailed in the proposal, pursuant to a standard non-
discriminatory pricing schedule. In addition, the Commission believes
that the proposal will further the protection of investors and the
public interest because: (1) Correlix will only be able to view data
related to latency for Correlix RaceTeam subscriber firms; (2) Correlix
will not see a subscriber's individual order detail such as security,
price or size; (3) individual RaceTeam subscribers' logins will
restrict access to only their own latency data; and (4) Correlix will
not see specific information regarding the trading activity of non-
subscribers.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-NASDAQ-2010-068) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19330 Filed 8-5-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Notices]
[Page 71074-71078]
[DOCID:fr24no08-151]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58956; File No. SR-NYSEArca-2008-124]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change To List
Shares of iShares Silver Trust

November 14, 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 November 5, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons
and approving the proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    NYSE Arca, through its wholly-owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), proposes to list and trade shares
(``Shares'') of the iShares[supreg] Silver Trust (the ``Trust'')
pursuant to NYSE Arca Equities Rule 8.201. The text of the proposed
rule change is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to list and trade the Shares under NYSE Arca
Equities Rule 8.201. Under NYSE Arca Equities Rule 8.201, the Exchange
may propose to list and/or trade pursuant to unlisted trading
privileges (``UTP'') ``Commodity-Based Trust Shares.'' \3\ The
Commission has previously approved listing of the Shares on NYSE
Alternext U.S. LLC (``NYSE Alternext US'') (formerly, the American
Stock Exchange LLC (``Amex'')) \4\ and trading on the Exchange pursuant
to UTP.\5\ Prior to listing on the Exchange, the issuer of the Shares
would be required to satisfy the applicable delisting procedures of
NYSE Alternext US and applicable statutory and regulatory requirements,
including, without limitation, Section 12 of Securities Exchange Act of
1934 (``Act''),\6\ relating to listing the Shares on the Exchange.\7\
---------------------------------------------------------------------------

    \3\ Commodity-Based Trust Shares are securities issued by a
trust that represent investors' discrete identifiable and undivided
beneficial ownership interest in the commodities deposited into the
trust.
    \4\ See Securities Exchange Act Release No. 53521 (March 20,
2006), 71 FR 14967 (March 24, 2006) (SR-Amex-2005-72) (``Amex
Order'').
    \5\ See Securities Exchange Act Release No. 53520 (March 20,
2006), 71 FR 14977 (March 24, 2006) (SR-PCX-2005-117) (``UTP
Filing'').
    \6\ 15 U.S.C. 78(l).
    \7\ See e-mail from Michael Cavalier, Chief Counsel, NYSE
Euronext, to Brian O'Neill, Attorney, and Christopher Chow, Special
Counsel, Division of Trading and Markets, Commission, dated November
12, 2008 (``November 12 e-mail''). The Exchange will seek the
voluntary consent of the issuer of the Shares to be delisted from
NYSE Alternext US and listed on the Exchange.
---------------------------------------------------------------------------

    The Shares represent beneficial ownership interests in the net
assets of the Trust consisting primarily of silver bullion
(``silver''). The investment objective of the Trust is for the Shares
to reflect the performance of the price of silver, less the Trust's
expenses.
    Descriptions of the Trust and the Shares are included in the Amex
Order, the UTP Filing, and Registration Statement for the Trust.\8\ The
Exchange represents that the Shares satisfy the requirements of Rule
8.201 and thereby qualify for listing on the Exchange.\9\ The Exchange
states that all of the facts describing the Trust and the Shares
contained in the Amex Order are true and correct as of the date of this
filing. The Exchange states further that the representations included
in the Amex Order relating to the dissemination and availability of
information regarding the Shares will apply to listing and trading of
the Shares on the Exchange. To the extent NYSE Alternext US has any
affirmative obligations with respect to dissemination of information or
key values relating to the Shares, the Exchange represents that it
would take the place of NYSE Alternext US in such role and discharge
such obligations.
---------------------------------------------------------------------------

    \8\ See the Registration Statement for the Trust, dated May 29,
2008 (Registration Statement No. 333-149810).
    \9\ With respect to application of Rule 10A-3 (17 CFR 240.10A-3)
under the Act, the Trust relies on the exemption contained in Rule
10A-3(c)(7).
---------------------------------------------------------------------------

Trading Rules

    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Fund subject to the Exchange's existing rules
governing the trading of equity securities. The Shares will trade on
the Exchange from 4:00 a.m. to 8:00 p.m. Eastern Time.\10\ The Exchange
has appropriate rules to facilitate transactions in the Shares during
all trading sessions. The minimum trading increment for Shares on the
Exchange will be $0.01.
---------------------------------------------------------------------------

    \10\ See November 12 e-mail, supra, note 7.
---------------------------------------------------------------------------

    Further, NYSE Arca Equities Rule 8.201 sets forth certain
restrictions on ETP Holders acting as registered Market Makers in the
Shares to facilitate surveillance. Pursuant to NYSE Arca Equities Rule
8.201(h), an ETP Holder acting as a registered Market Maker in the
Shares is required to provide the Exchange with information relating to
its trading in the underlying silver, related futures or options on
futures, or any other related derivatives. NYSE Arca Equities Rule
8.201(i) prohibits an ETP Holder acting as a registered Market Maker in
the Shares from using any material nonpublic information received from
any person associated with an ETP Holder or employee of such person
regarding trading by such person or employee in the underlying silver,
related futures or options on futures or any other related derivative
(including the Shares). In addition, NYSE Arca Equities Rule 8.201(g)
prohibits an ETP Holder acting as a registered Market Maker in the
Shares from being affiliated with a market maker in the underlying
silver, related futures or options on futures or any other related
derivative unless adequate information barriers are in place, as
provided in NYSE Arca Equities Rule 7.26.
    As a general matter, the Exchange has regulatory jurisdiction over
its ETP Holders and their associated persons, which include any person
or entity controlling an ETP Holder, as well as a subsidiary or
affiliate of an ETP Holder that is in the securities business. A
subsidiary or affiliate of an ETP Holder that does business only in
commodities or futures contracts would not be subject to Exchange
jurisdiction, but the Exchange could obtain information regarding the
activities of such subsidiary or affiliate through surveillance sharing
agreements with regulatory organizations of which such subsidiary or
affiliate is a member.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading on the Exchange in the Shares may be
halted because of market conditions or for reasons that, in the view of
the Exchange, make trading in the Shares inadvisable. These may
include: (1) The extent to which conditions in the underlying silver
market have caused disruptions and/or lack of trading, or (2) whether
other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.

Surveillance

    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (including Commodity-Based
Trust Shares) to monitor trading in the Shares. The Exchange represents
that these

procedures are adequate to properly monitor Exchange trading of the
Shares in all trading sessions and to deter and detect violations of
Exchange rules and applicable federal securities laws.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations. Also, pursuant to NYSE
Arca Equities Rule 8.201(h), the Exchange is able to obtain information
regarding trading in the Shares and the underlying silver, silver
futures contracts, options on silver futures, or any other silver
derivative, through ETP Holders acting as registered Market Makers, in
connection with such ETP Holders' proprietary or customer trades which
they effect on any relevant market. In addition, the Exchange may
obtain trading information via the Intermarket Surveillance Group
(``ISG'') from other exchanges who are members of the ISG.\11\ Also,
the Exchange has an Information Sharing Agreement with the New York
Mercantile Exchange (``NYMEX'') for the purpose of sharing information
in connection with trading in or related to COMEX (a division of NYMEX)
silver futures contracts.
---------------------------------------------------------------------------

    \11\ A list of ISG members is available at http://
www.isgportal.org.
---------------------------------------------------------------------------

Information Bulletin

    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Bulletin will discuss the following: (1) The procedures for
purchases and redemptions of Shares in Baskets (including noting that
Shares are not individually redeemable and that silver is a wasting
asset); (2) NYSE Arca Equities Rule 9.2(a), which imposes a duty of due
diligence on its ETP Holders to learn the essential facts relating to
every customer prior to trading the Shares; (3) how information
regarding the Intraday Trading Value (``ITV'') is disseminated; (4) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (5) trading information; and (6) the
risks involved in trading the Shares in the Opening and Late Trading
Sessions when an updated ITV will not be calculated or publicly
disseminated.\12\ For example, the Information Bulletin will advise ETP
Holders, prior to the commencement of trading, of the prospectus
delivery requirements applicable to the Trust. The Exchange notes that
investors purchasing Shares directly from the Trust (by delivery of the
Basket Silver Amount) will receive a prospectus. ETP Holders purchasing
Shares from the Trust for resale to investors will deliver a prospectus
to such investors.
---------------------------------------------------------------------------

    \12\ See November 12 e-mail, supra, note 7.
---------------------------------------------------------------------------

    In addition, the Information Bulletin will reference that the Trust
is subject to various fees and expenses described in the Registration
Statement. The Information Bulletin will also reference the fact that
there is no regulated source of last sale information regarding
physical silver, that the Commission has no jurisdiction over the
trading of silver as a physical commodity, and that the CFTC has
regulatory jurisdiction over the trading of silver futures contracts
and options on silver futures contracts.
    The Information Bulletin will also discuss any relief, if granted,
by the Commission or the staff from any rules under the Act.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \13\ of
the Act in general and furthers the objectives of Section 6(b)(5) \14\
in particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transaction in
securities, and, in general to protect investors and the public
interest. The proposed rule change will permit the listing and trading
of the Shares on the Exchange, which the Exchange believes will benefit
investors and the marketplace.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-124 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-124. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE, Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2008-124 and should
be submitted on or before December 15, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed

rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\15\ In particular, the Commission believes that the proposal
is consistent with Section 6(b)(5) of the Act,\16\ which requires,
among other things, that the rules of a national securities exchange be
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \15\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange proposes to list and trade the Shares pursuant to NYSE
Arca Equities Rule 8.201. NYSE Arca represents that the Shares satisfy
the requirements of Rule 8.201, which include initial and continued
listing criteria to which the Shares will be subject. The Exchange
deems the Shares to be equity securities, thus subjecting the Shares to
the Exchange's existing rules governing the trading of equity
securities. The Shares will trade on the Exchange from 4 a.m. to 8 p.m.
Eastern Time. The Commission approved the listing and trading of the
Shares on Amex,\17\ now known as NYSE Alternext US, and trading of the
Shares pursuant to UTP on NYSE Arca.\18\
---------------------------------------------------------------------------

    \17\ See Amex Order, supra, note 4.
    \18\ See UTP Filing, supra, note 5.
---------------------------------------------------------------------------

    The Commission believes that the proposal to list and trade the
Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Act,\19\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. The Exchange states
that: (1) The representations included in the Amex Order relating to
the dissemination and availability of information regarding the Shares
will apply to listing and trading of the Shares on the Exchange; and
(2) to the extent NYSE Alternext U.S. has any affirmative obligations
with respect to dissemination of information or key values relating to
the Shares, the Exchange will assume the role of NYSE Alternext US and
discharge such obligations. Accordingly, among other things:
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    1. The last sale price for the Shares will be disseminated on a
real-time basis via the facilities of the Consolidated Tape
Association; \20\
---------------------------------------------------------------------------

    \20\ See Amex Order, supra, note 4, 71 FR at 14970.
---------------------------------------------------------------------------

    2. Shortly after 4 p.m. each business day, the NAV of the Trust,
the Basket Silver Amount (for orders properly placed by 4 p.m. during
the day), and the next day's Indicative Basket Silver Amount are
disseminated; \21\
---------------------------------------------------------------------------

    \21\ Id. at 14969-70.
---------------------------------------------------------------------------

    3. The ITV will be disseminated on a per Share basis at least every
15 seconds between 9:30 a.m. and 4:15 p.m. Eastern Time; \22\
---------------------------------------------------------------------------

    \22\ Id. at 14971.
---------------------------------------------------------------------------

    4. The Trust's Web site is and will be publicly accessible at no
charge and will contain, among other things, the NAV of the Silver
Shares and the Basket Silver Amount as of the prior business day, the
Indicative Basket Amount, the Bid-Ask Price, and a calculation of the
premium or discount of the Bid-Ask Price in relation to the closing
NAV; \23\
---------------------------------------------------------------------------

    \23\ Id.
---------------------------------------------------------------------------

    5. The Trust's Web site, to which the NYSE Arca will link, will
also provide data in chart form displaying the frequency distribution
of discounts and premiums of the Bid-Ask Price against the NAV, within
appropriate ranges for each of the four previous calendar quarters, the
Prospectus, and other applicable quantitative information; and \24\
---------------------------------------------------------------------------

    \24\ Id. at 14974-75.
---------------------------------------------------------------------------

    6. The Exchange will provide a hyperlink on its Web site to the
Trust's Web site (http://www.iShares.com), which will include, among
other things a real-time indicative silver spot price through
TheBullionDesk at http://www.thebuilliondesk.com.\25\
---------------------------------------------------------------------------

    \25\ Id. at 14971.
---------------------------------------------------------------------------

    The Commission also believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. Under its continued listing standards, after the 12-month
period following the commencement of trading on the Exchange, the
Exchange will consider suspending trading in the Shares or removing
them from listing if: (1) The value of the underlying commodity is no
longer calculated or available on at least a 15-second delayed basis
from a source unaffiliated with the sponsor, Trust, custodian or the
Exchange, or if the Exchange stops providing a hyperlink on its Web
site to any such unaffiliated commodity value; \26\ or (2) the ITV is
no longer made available on at least a 15-second delayed basis.\27\
With respect to trading halts, the Exchange may consider all relevant
factors in exercising its discretion to halt or suspend trading in the
Shares.\28\ Specifically, however, if the Exchange becomes aware that
the NAV is not being disseminated to all market participants at the
same time, it will halt trading in the Shares until such time as the
NAV is available to all market participants pursuant to NYSE Arca
Equities Rule 7.34(a)(5).
---------------------------------------------------------------------------

    \26\ See NYSE Arca Equities Rule 8.201(e)(2)(iv).
    \27\ See NYSE Arca Equities Rule 8.201(e)(2)(v).
    \28\ Trading may be halted because of market conditions or for
reasons that make trading in the Shares inadvisable, including: (1)
The extent to which trading is not occurring in the underlying
securities; or (2) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present.
---------------------------------------------------------------------------

    Further, NYSE Arca Equities Rule 8.201 sets forth certain
restrictions (described above) on ETP Holders acting as registered
Market Makers in the Shares to facilitate surveillance. The Exchange
states that it has regulatory jurisdiction over its ETP Holders and
their associated persons, which include any person or entity
controlling an ETP Holder, as well as a subsidiary or affiliate of an
ETP Holder that is in the securities business. A subsidiary or
affiliate of an ETP Holder that does business only in commodities or
futures contracts would not be subject to Exchange jurisdiction, but
the Exchange states that it can obtain information regarding the
activities of such subsidiary or affiliate through surveillance sharing
agreements with regulatory organizations of which such subsidiary or
affiliate is a member.
    In support of this proposal, the Exchange has made the following
representations:
    (1) The Shares satisfy the requirements of NYSE Arca Equities Rule
8.201, which includes the initial and continued listing criteria for
Commodity-Based Trust Shares.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    (3) The Exchange will distribute an Information Bulletin, the
contents of which are more fully described above, to ETP Holders in
connection with the trading of the Shares.
This approval order is based on the Exchange's representations.
    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\29\ for approving the proposed rule

change prior to the 30th day after the date of publication of notice in
the Federal Register. Previously, the Commission approved the listing
and trading of the Shares on Amex,\30\ and the trading of the Shares
pursuant to UTP on the Exchange.\31\ The Exchange's proposal to list
and trade the Shares does not appear to present any novel or
significant regulatory issues.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(2).
    \30\ See Amex Order, supra, note 4.
    \31\ See UTP Filing, supra, note 5.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\32\ that the proposed rule change (SR-NYSEArca-2008-124) be, and
it hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2).
    \33\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-27879 Filed 11-21-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: April 16, 2007 (Volume 72, Number 72)]
[Notices]
[Page 18987-18988]
[DOCID:fr16ap07-76]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2006-0723; FRL-8299-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Commercial Ethylene
Oxide Sterilization and Fumigation Operations (Renewal), EPA ICR Number
1666.07, OMB Control Number 2060-0283

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. This ICR is scheduled to expire on June 30, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
This ICR describes the nature of the information collection and its
estimated burden and cost.

DATES: Additional comments may be submitted on or before May 16, 2007.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2006-0723, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA

Docket Center (EPA/DC), Environmental Protection Agency, Enforcement
and Compliance Docket and Information Center, Mail Code 2201T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2223A,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 5, 2006 (71 FR 58853), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID
Number EPA-HQ-OECA-2006-0723, which is available for online viewing at
http://www.regulations.gov or in person viewing at the Enforcement and

Compliance Docket and Information Center in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket Center is
(202) 566-1927.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change, unless the comment contains copyrighted
material, CBI, or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: NESHAP for Commercial Ethylene Oxide Sterilization and
Fumigation Operations (Renewal).
    ICR Numbers: EPA ICR Number 1666.07, OMB Control Number 2060-0283.
    ICR Status: This ICR is scheduled to expire on June 30, 2007. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Commercial Ethylene Oxide Sterilization and
Fumigation Operations (40 CFR Part 63, Subpart O) were proposed on
March 7, 1994, and promulgated on December 6, 1994. Owners/operators of
commercial ethylene oxide (EO) sterilization and fumigation facilities
are required to submit initial notification, performance tests, and
periodic reports. Respondents are also required to maintain records of
the occurrence and duration of any startup, shutdown, or malfunction in
the operation of an affected facility, or any period during which the
monitoring system is inoperative. Semiannual reports are also required.
These notifications, reports, and records are essential in determining
compliance; and are required, in general, of all sources subject to
NESHAP.
    Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
five years following the date of such measurements, maintain reports
and records. All reports are sent to the delegated state or local
authority. In the event that there is no such delegated authority, the
reports are sent directly to the EPA regional office. This information
is being collected to assure compliance with 40 CFR part 63, subpart O
as

authorized in section 112 and 114(a) of the Clean Air Act. The required
information consists of emissions data and other information that have
been determined to be private.
    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information are estimated to average 37
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: Commercial Ethylene Oxide
Sterilization and Fumigation Operations.
    Estimated Number of Respondents: 119.
    Frequency of Response: Initially and semiannually.
    Estimated Total Annual Hour Burden: 8,662.
    Estimated Total Costs: $1,195,959, which includes $65,000
annualized Capital Startup Costs, $583,000 annualized Operations &
Maintenance (O&M) costs, and $547,959 annualized labor costs.
    Changes in the Estimates: There is no change in the labor hours or
cost in this ICR other than a fractional labor hour adjustment to
account for rounding-off in the previous ICR. This is due to two
considerations. First, the regulations have not changed over the past
three years and are not anticipated to change over the next three
years. Secondly, the growth rate for the industry is very low, negative
or non-existent, so there is no significant change in the overall
burden.

    Dated: April 9, 2007.
Robert Gunter,
Acting Director, Collection Strategies Division.
[FR Doc. E7-7142 Filed 4-13-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Notices]
[Pages 30067-30068]
[FR Doc No: 2015-12597]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 77-275]

Southern California Edison Company; Notice of Application
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Application for Temporary Variance of
Minimum Flow Requirements.
    b. Project No.: 77-275.
    c. Date Filed: May 13, 2015.
    d. Applicant: Pacific Gas and Electric Company (licensee).
    e. Name of Project: Potter Valley Project.
    f. Location: Eel River and East Fork Russian River in Lake and
Mendocino Counties, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ms. Neva Geldard, License Coordinator,
Pacific Gas and Electric Company, Mail Code: N13E, P.O. Box 770000, San
Francisco, CA 94177, Phone:<PHONE_NUMBER>.
    i. FERC Contact: Mr. John Aedo,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, protests,
and recommendations is 15 days from the issuance date of this notice by
the Commission (June 2, 2015). The Commission strongly encourages
electronic filing. Please file motions to intervene, protests,
comments, or recommendations using the Commission's eFiling system at
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. Please include the project number (P-
77-275) on any comments, motions to intervene, protests, or
recommendations filed.
    k. Description of Request: The licensee requests a temporary
variance of the minimum flow requirements in the Eel River below Cape
Horn Dam, the Eel River below Scott Dam, and the East Branch of the
Russian River. The licensee explains that due to current drought
conditions and earlier flood season constraints, the storage in the
project Lake Pillsbury is approximately 57 percent full. The licensee
also states that despite the low reservoir storage level, flows at
several compliance points have necessitated that the project operate
under a normal water year classification. Therefore, in order to
conserve water at the project and avoid reservoir bank sloughing and
water turbidity, the licensee requests Commission approval to operate
under the dry year summer flow requirements from through December 1,
2015. In

conjunction with the proposed variance, the licensee proposes to
provide no more than 50 cfs to the Potter Valley Irrigation District
(PVID) through the East Branch Russian River.
    The licensee also proposes to establish a Potter Valley Drought
Working Group, comprised of the resource agencies and stakeholders,
which would meet twice monthly during the variance to determine
appropriate release levels within the framework of the proposed
variance. The licensee requests that once a flow is established, that a
24-hour average flow be used as the compliance criteria for the
corresponding compliance point. Finally, the licensee proposes to file
monthly compliance reports with the Commission, resource agencies and
stakeholders, and to provide bi-monthly email reports to the resource
agencies and stakeholders.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of proposed action. Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: May 18, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-12597 Filed 5-22-15; 8:45 am]
 BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 24, 2004

NOTICE OF ACTION TAKEN DISMISSING APPLICATIONS—VARIOUS DOCKETS

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the actions described below,
taken on the date shown above by the Department official indicated (no
additional confirming order will be issued in these matters).

The carriers listed below have applied for various forms of authority or
relief under Title 49 of the United States Code in order to perform the
air transportation activities described.  Each application has either
been withdrawn by the applicant or otherwise become moot.  Therefore,
under authority assigned by the Department in its Regulations, 14 CFR
§§ 385.3 and 385.13, we find that these applications should be
dismissed.

Docket			Description of Application

OST-2003-15822	Transatlantic Airlines Limited, filed September 2, 2004.
Renew exemption authority, last granted August 20, 2003, as amended
December 1, 2003, to engage in scheduled foreign air transportation of
persons, property and mail between the terminal point Freetown, Sierra
Leone, on the one hand, and the coterminal points New York, New York
(JFK); Baltimore, Maryland (BWI); Washington, D.C. (Dulles) and Houston,
Texas, on the other hand, via the intermediate points Banjul, the Gambia
and Dakar, Senegal; and to conduct charters in accordance with Part 212
of the Department’s rules.  Transatlantic also sought to amend that
authority to the extent necessary to permit it to serve Lagos, Nigeria,
and Monrovia, Liberia, as coterminal points as part of its U.S.-Sierra
Leone services.  Transatlantic would conduct these services only by wet
leasing aircraft from a duly authorized and properly supervised U.S. or
foreign air carrier.  On September 14, 2004, Transatlantic filed a
motion requesting that we dismiss the application.

OST-2004-18056	Kuwait Airways Corporation, filed June 9, 2004.
Exemption to engage in scheduled foreign air transportation of property
and mail between New York and Brussels, Belgium.  On September 22, 2004,
Kuwait Airways filed a motion requesting that we dismiss the
application.

OST-2004-17118	Cayman Airways Limited, filed February 13, 2004.
Exemption to engage in scheduled foreign air transportation of persons,
property and mail between the Cayman Islands and Orlando, Florida, Fort
Lauderdale, Florida, and Chicago, Illinois.  By Order 2004-10-4, we
issued Cayman Airways an amended foreign air carrier permit which
encompasses the authority at issue here.

OST-2002-11999	Cayman Airways Limited, filed March 28, 2002.  Exemption
to engage in scheduled foreign air transportation of persons, property
and mail between the Cayman Islands and Orlando, Florida.  By Order
2004-10-4, we issued Cayman Airways an amended foreign air carrier
permit which encompasses the authority at issue here.

OST-95-932	Cayman Airways Limited, filed December 15, 1995.  Amend
foreign air carrier permit, issued by Order 87-8-55, to engage in
scheduled foreign air transportation of persons, property and mail
between the Cayman Islands, and Orlando, Florida. By Order 2004-10-4, we
issued Cayman Airways an amended foreign air carrier permit which
encompasses the authority at issue here.

47835	Cayman Airways Limited, filed November 12, 1991.  Amend foreign
air carrier permit, issued by Order 87-8-55, to engage in scheduled
foreign air transportation of persons, property and mail between the
Cayman Islands, and Baltimore, Maryland.  By Order 2004-10-4, we issued
Cayman Airways an amended foreign air carrier permit which encompasses
the authority at issue here.

47470	Cayman Airways Limited, filed March 19, 1991.  Amend foreign air
carrier permit, issued by Order 87-8-55, to engage in scheduled foreign
air transportation of persons, property and mail between the Cayman
Islands, and Miami and Fort Lauderdale, Florida.  By Order 2004-10-4, we
issued Cayman Airways an amended foreign air carrier permit which
encompasses the authority at issue here.

DISPOSITION

Action:  We dismiss the applications described above.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.

The actions set forth in this Notice shall be effective and become the
actions of the Department of Transportation upon expiration of the above
period unless within such period a petition for Department review is
filed or the Department gives

notice that it will review one or more actions on its own motion.  The
filing of a petition for review with respect to one of the dismissed
items will not alter the effectiveness of this Notice with respect to
the others.

An electronic version of this document is available on the World Wide
Web at:

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