[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Page 33139]
[FR Doc No: 2023-10946]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-771-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement--5/
17/2023 to be effective 5/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5007.
    Comment Date: 5 p.m. ET 5/30/23.

    Docket Numbers: RP23-772-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Capacity
Release Agreement--5/17/2023 to be effective 5/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5008.
    Comment Date: 5 p.m. ET 5/30/23.

    Docket Numbers: RP23-773-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Assignment and Novation
Cleanup Filing to be effective 6/17/2023.
    Filed Date: 5/17/23.
    Accession Number: 20230517-5077.
    Comment Date: 5 p.m. ET 5/30/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-10946 Filed 5-22-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68342-68343]
[FR Doc No: 2015-28021]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76297; File No. SR-NASDAQ-2015-121]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Terminology in Nasdaq Rules 4120, 5615 and 5745 and IM-5615-4

October 29, 2015.
    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 October 21, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in in Items I,
II, and III below, which Items have been prepared by Nasdaq. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Nasdaq Rule 5745 to replace the term
``ETMF Shares'' with ``NextShares'' and to make appropriate conforming
changes in terminology. Consistent with the proposed change in
terminology in Nasdaq Rule 5745, the Exchange also proposes to make
conforming changes in terminology to Nasdaq Rule 4120, Nasdaq Rule
5615, and IM-5615-4.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Nasdaq Rule 5745 to replace
references to ``ETMF Shares'' with ``NextShares,'' and to make
conforming changes in terminology.\3\ As the marketplace for exchange-
traded managed funds has developed since the adoption of Nasdaq Rule
5745, market participants have been utilizing the term NextShares
instead of ETMF Shares. The Exchange seeks to align the terminology of
its rules with marketplace practices to help avoid potential confusion
in terminology for investors and market participants with respect to
this new product.
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    \3\ The Commission approved Nasdaq Rule 5745 in Securities
Exchange Act Release No. 34-73562 (Nov. 7, 2014), 79 FR 68309 (Nov.
14, 2014) (SR-NASDAQ-2014-020).
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    Specifically, the Exchange would replace references in Nasdaq Rule
5745 to ``ETMF Shares'' with ``NextShares'' and to ``ETMF'' with
``NextShares Fund.'' The Exchange would make corresponding changes in
terminology to other affected Nasdaq rules. The Exchange believes that
these proposed changes are non-controversial and technical in nature,
and are consistent with the Act.
2. Statutory Basis
    Nasdaq Exchange believes the proposed rule change is consistent
with the Act and the rules and regulations thereunder, including the
requirements

of Section 6(b) of the Act.\4\ In particular, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) \5\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and practices, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that the
change in terminology will protect investors and the public interest by
eliminating potential confusion that may exist because of unnecessary
differences in terminology between Nasdaq rules and the marketplace.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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    As noted, the Exchange believes that the changes proposed are non-
controversial and technical in nature.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change will help align rule terminology with the
terminology utilized in the marketplace for these new products and be
used uniformly.

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

    Written comments were neither solicited nor received.

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

    The proposed rule change is filed for immediate effectiveness
pursuant to Section 19(b)(3)(A) \6\ of the Act and Rule 19b-4(f)(6)
thereunder.\7\ The Exchange asserts that the proposed rule change does
not (i) significantly affect the protection of investors or the public
interest, (ii) impose any significant burden on competition, and (iii)
become operative for 30 days after its filing date, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of filing. Rule
19b-4(f)(6)(iii), however, permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest.
    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-121 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-NASDAQ-2015-121. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices 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-NASDAQ-2015-
121, and should be submitted on or before November 25, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-28021 Filed 11-3-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Proposed Rules]
[Pages 24367-24368]
[FR Doc No: 2013-09715]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0350; Directorate Identifier 2012-SW-050-AD]
RIN 2120-AA64

Airworthiness Directives; AgustaWestland S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
AgustaWestland S.p.A. (AgustaWestland) Model A119 and AW119 MKII
helicopters to require inspecting the pilot and co-pilot doors to
ensure that the windows are properly bonded within the doors. If the
windows are not properly bonded, the proposed AD would require applying
bonding to the windows, the seals, and the window frames of the pilot
and co-pilot doors. This proposed AD is prompted by the loss of a
pilot-door window during a test flight. The proposed actions are
intended to ensure the windows do not detach from the doors,
potentially injuring persons on the ground and damaging the
helicopter's tailboom and the tail rotor blades.

DATES: We must receive comments on this proposed AD by June 24, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (telephone<PHONE_NUMBER>) is in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
    For service information identified in this proposed AD, contact
AgustaWestland, Customer Support & Services, Via Per Tornavento 15,
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2012-0058, dated April 3, 2012, to correct an unsafe condition for
AgustaWestland Model A119 and AW119 MKII helicopters. EASA advises that
the pilot-door window detached during a test flight of an AW119 MKII
helicopter. The occupant was not injured, and the helicopter was not
damaged.
    According to EASA, an investigation revealed that a ``lack of the
bonding of the seal both to the window and to the door structure''
caused the window's detachment. To address this unsafe condition,
AugustaWestland issued Bollettino Tecnico (BT) No. 119-47, dated March
29, 2012, and EASA issued AD No. 2012-0058 to require an inspection of
the bonding in the pilot and co-pilot door windows and, if there is no
bonding, applying bonding.
    If this condition is not corrected, it could lead to detachment of
the windows from the pilot- and co-pilot doors, potentially injuring
persons on the ground and damaging the helicopter.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in its AD. We are
proposing this AD because we evaluated all known relevant information
and determined that an unsafe condition is likely to exist or develop
on other products of the same type design.

Related Service Information

    We reviewed BT No. 119-47 for all AgustaWestland A119 and AW119
MKII helicopters, which contains procedures to ensure that the pilot-
and co-pilot door windows are correctly bonded.

Proposed AD Requirements

    This proposed AD would require, within the next 50 hours time-in-
service (TIS) or within the next five months, whichever comes first,
inspecting the pilot and co-pilot doors to determine whether there is
bonding between the seals, the window frames, and the windows in the
external and internal sides of the seals' junction areas. If no bonding
exists, before further flight, this proposed AD would require applying
bonding to the windows, seals, and window frames.

Costs of Compliance

    We estimate that this proposed AD would affect 65 helicopters of
U.S. Registry and that labor costs would average $85 an hour. Based on
these estimates, we expect the following costs:
     Inspecting for bonding between the seals and the windows
in the internal

and external sides of the junction areas would require 0.5 work-hour
for a labor cost of about $43. No parts would be needed, so the cost
for the U.S. fleet would total $2,795.
     Adding the bonding material if needed would require about
1.5 work-hours for a labor cost of about $128. The cost of materials
would be negligible.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

AGUSTAWESTLAND S.p.A.: Docket No. FAA-2013-0350; Directorate
Identifier 2012-SW-050-AD.

(a) Applicability

    This AD applies to AgustaWestland S.p.A. (AgustaWestland) Model
A119 and AW119 MKII helicopters, serial numbers up to and including
14781, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a window detaching from
the pilot or co-pilot doors, which could result in damage to the
helicopter and injury to persons on the ground.

(c) Reserved

(d) Compliance

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

(e) Required Actions

    Within the next 50 hours time-in-service (TIS) or within the
next five months, whichever comes first:
    (1) Visually inspect the pilot and co-pilot doors by referencing
Figure 1 of Bollettino Tecnico No. 119-47, dated March 29, 2012
(BT), to determine whether there is bonding between the seal (3) and
the window (4) in the internal and external side of the seal's
junction area.
    (2) If there is no bonding, before further flight, apply bonding
to the windows, seals, and window frames in accordance with the
Compliance Instructions, paragraphs 5 through 20, of the BT.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aviation Safety
Engineer, Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency AD No. 2012-0058, dated April 3, 2012.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5610, Flight
Compartment Windows.

    Issued in Fort Worth, Texas, on April 12, 2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2013-09715 Filed 4-24-13; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 4, 2008

   NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-0093

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   ABX AIR, INC. (ABX),  filed 11/28/07, for:

XX  Exemption authority for two years under 49 U.S.C. 40109 to provide:

Scheduled foreign air transportation of property and mail between a
point or points in the Eastern Zone of the United States, as defined in
the U.S.-Venezuela Air Transport Agreement, as

amended,  and Maracaibo and Valencia, Venezuela.

Applicant rep: Robert P. Silverberg<PHONE_NUMBER>  DOT Analyst: Linda
Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX	Granted (subject to conditions, see below)

The above action was effective when taken:   January 4, 2008, through
January 4, 2010.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Venezuela.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

		XX  The holder’s certificates of public convenience and necessity

		XX  Standard exemption conditions (attached)

________________________________________________________________________
_____________________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

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.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

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

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://www.regulations.gov

				ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  To assure compliance with all
applicable U.S. Government requirements concerning security, the holder
shall, before commencing any new service (including charter flights) to
or from a foreign airport, contact its International Industry
Representative (IIR) (formerly referred to as International Principal
Security Inspector) to advise the IIR of its plans and to find out
whether the Transportation Security Administration has determined that
security is adequate to allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

					12/07

  The Exchange of Notes at Caracas dated August 14, 1953, describes the
Eastern Zone of the United States as “[a]ll territory east of the
Mississippi River except New Orleans.”


[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Rules and Regulations]
[Pages 35175-35177]
[FR Doc No: 2020-12374]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1076; Product Identifier 2019-NM-173-AD; Amendment
39-19914; AD 2020-11-10]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by a report of an in-flight event where a flightcrew observed
a SPOILER FAIL message and had difficulty maintaining roll control of
the airplane. This AD requires revising the existing airplane flight
manual (AFM) to provide the flightcrew with procedures related to roll
spoiler failures that reduce the flightcrew workload during this type
of failure scenario. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective July 14, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 14,
2020.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St. Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1076.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1076; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-29, dated August
12, 2019 (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. You may examine
the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1076.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on January 22, 2020 (85 FR 3553). The NPRM was prompted by a
report of an in-flight event where a flightcrew observed a SPOILER FAIL
message and had difficulty maintaining roll control of the airplane.
The NPRM proposed to require revising the existing AFM to provide the
flightcrew with procedures related to roll spoiler failures that reduce
the flightcrew workload during this type of failure scenario. The FAA
is issuing this AD to address uncommanded deployment of the multi-
function spoiler at certain positions, which in combination with
specific flap positions and airspeeds, could create an unacceptably
high flightcrew workload in maintaining roll control of the airplane
and could possibly lead to loss of controllability of the airplane. See
the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to that comment.

Request To Use the Latest Service Information

    Net Jets requested that the FAA use the latest service information.
Net Jets stated that Bombardier has released Challenger 350 Airplane
Flight Manual, Publication No. CH 350 AFM, Revision 24, dated January
15, 2020.
    The FAA agrees to clarify. Paragraph (g) of this AD specifies to
revise the Non-Normal Procedures section of the existing AFM to
incorporate the information in Section 05-23, ``Flight Controls,'' of
Bombardier Challenger 350, Airplane Flight Manual, Publication No. CH
350 AFM, Revision 22, dated July 8, 2019 (for the applicable
airplanes). The language in paragraph (g) of this AD is designed to
allow incorporating the specific information in Section 05-23,
regardless of the revision level of the AFM, so long as the language is
identical to the information in Section 05-23, ``Flight Controls,''
Revision 22. The FAA has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and

     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 56, dated July 8, 2019; and
Challenger 350 Airplane Flight Manual, Publication No. CH 350 AFM,
Revision 22, dated July 8, 2019. This service information describes
non-normal procedures for flight controls. These documents are distinct
since they apply to different airplane serial numbers. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 577 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $49,045
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2020-11-10 Bombardier, Inc.: Amendment 39-19914; Docket No. FAA-
2019-1076; Product Identifier 2019-NM-173-AD.

(a) Effective Date

    This AD is effective July 14, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003
through 20788 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a report of an in-flight event where a
flightcrew observed a SPOILER FAIL message and had difficulty
maintaining roll control of the airplane. The FAA is issuing this AD
to address uncommanded deployment of the multi-function spoiler at
certain positions, which in combination with specific flap positions
and airspeeds, could create an unacceptably high flightcrew workload
in maintaining roll control of the airplane and could possibly lead
to loss of controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Airplane Flight Manual (AFM) Revisions

    Within 30 days after the effective date of this AD: Revise the
Non-Normal Procedures section of the existing AFM to incorporate the
information in Section 05-23, ``Flight Controls,'' of the applicable
AFM specified in figure 1 to paragraph (g) of this AD.

[GRAPHIC] [TIFF OMITTED] TR09JN20.000

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-29, dated August 12, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-1076.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 56, dated July 8, 2019.
    (ii) Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 22, dated July 8, 2019.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 28, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-12374 Filed 6-8-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Notices]
[Page 72531-72533]
[DOCID:fr28no08-124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28520]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

November 21, 2008
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
November 2008. A copy of each application may be obtained for a fee at
the Commission's Public Reference Room, 100 F Street, NE., Washington,
DC 20549-1520 (tel.<PHONE_NUMBER>). An order granting each application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing on any application by writing to the SEC's Secretary
at the address below and serving the relevant applicant with a copy of
the request, personally or by mail. Hearing requests should be received
by the SEC by 5:30 p.m. on December 17, 2008, and should be accompanied
by proof of service on the applicant, in the form of an affidavit or,
for lawyers, a certificate of service. Hearing requests should state
the nature of the writer's interest, the reason for the request, and
the issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary, U.S. Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

Smith Barney Money Funds, Inc. [File No. 811-2490]; Smith Barney
Municipal Money Market Fund, Inc. [File No. 811-3112]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On April 16, 2007, applicants transferred
their assets to corresponding series of Legg Mason Partners Money
Market Trust, based on net asset value. Expenses of $5,595,239 and
$774,031, respectively, incurred in connection with the reorganizations
were paid by applicants and Legg Mason, Inc., the parent company of
applicants' investment adviser.
    Filing Date: The applications were filed on October 30, 2008.
    Applicants' Address: 55 Water St., New York, NY 10041.

Legg Mason Partners Small Cap Core Fund, Inc. [File No. 811-5928]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 16, 2007, applicant transferred its
assets to a corresponding series of Legg Mason Partners Equity Trust,
based on net asset value. Expenses of $50,060 incurred in connection
with the reorganization were paid by applicant and Legg Mason, Inc.,
the parent company of applicant's investment adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 55 Water St., New York, NY 10041.

Highland Capital Multi-Strategy Fund [File No. 811-22073]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On October
30, 2008, applicant made a liquidating distribution to its
shareholders, based on net asset value. Expenses of $2,500 incurred in
connection with the liquidation were paid by Highland Capital
Management, L.P., applicant's investment adviser.
    Filing Date: The application was filed on October 31, 2008.
    Applicant's Address: NexBank Tower, 13455 Noel Rd., Suite 800,
Dallas, TX 75240.

Legg Mason Partners Variable Portfolios V [File No. 811-7893]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 27, 2007, applicant transferred its
assets to a corresponding series of Legg Mason Partners Variable
Portfolios I, Inc., based on net asset value. Expenses of $51,786
incurred in connection with the reorganization were paid by applicant
and Legg Mason, Inc., the parent company of applicant's investment
adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 125 Broad St., New York, NY 10004.

Legg Mason Partners Variable Portfolios I, Inc. [File No. 811-8443];
Legg Mason Partners Variable Portfolios III, Inc. [File No. 811-8372]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On April 16, 2007, applicants transferred
their assets to corresponding series of Legg Mason Partners Variable
Equity Trust and Legg Mason Partners Variable Income Trust, based on
net asset value. Expenses of $193,404 and $963,711, respectively,
incurred in connection with the reorganizations were paid by applicants
and Legg Mason, Inc., the parent company of applicants' investment
adviser.
    Filing Date: The applications were filed on October 30, 2008.
    Applicants' Address: 55 Water St., New York, NY 10041.

Everest Funds [File No. 811-10057]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 9, 2008, applicant made a liquidating
distribution to its shareholders, based on net asset value. Expenses of
$12,094 incurred in connection with the liquidation were paid by
applicant.
    Filing Date: The application was filed on October 29, 2008.
    Applicant's Address: 5805 S 86th Circle, Omaha, NE 68127.

Excelsior Funds, Inc. [File No. 811-4088]; Excelsior Tax-Exempt Funds,
Inc. [File No. 811-4101]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. Between March 24, 2008 and May 5, 2008,
each applicant's series transferred their assets to corresponding
series of Columbia Funds Series Trust and Columbia Funds Series Trust
I, based on net asset value. Expenses of $3,731,778 and $829,865,
respectively, incurred in connection

with the reorganizations were paid by applicants, the acquiring funds,
and Columbia Management Advisors, LLC.
    Filing Date: The applications were filed on October 3, 2008.
    Applicants' Address: One Financial Center, Boston, MA 02111.

Excelsior Funds Trust [File No. 811-8490]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 24, 2008, and March 31, 2008,
applicant's five series transferred their assets to corresponding
series of Columbia Funds Series Trust I, based on net asset value.
Expenses of $210,965 incurred in connection with the reorganization
were paid by applicant, the acquiring fund, and Columbia Management
Advisors, LLC.
    Filing Date: The application was filed on October 3, 2008.
    Applicant's Address: One Financial Center, Boston, MA 02111.

Legg Mason Partners Funds Trust [File No. 811-5034]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 2, 2007, applicant transferred its
assets to corresponding series of Legg Mason Partners Managed
Municipals Fund, Inc., Legg Mason Partners California Municipals Fund,
Inc. and Legg Mason Partners Municipal Funds, based on net asset value.
Expenses of $138,448 incurred in connection with the reorganization
were paid by applicant and Legg Mason, Inc., the parent company of
applicant's investment adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 125 Broad St., New York, NY 10004.

Legg Mason Partners Lifestyle Series, Inc. [File No. 811-7435]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 16, 2007, applicant transferred its
assets to corresponding series of Legg Mason Partners Equity Trust and
Legg Mason Partners Variable Equity Trust, based on net asset value.
Expenses of $1,411,223 incurred in connection with the reorganization
were paid by applicant and Legg Mason, Inc., the parent company of
applicant's investment adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 55 Water St., New York, NY 10041.

Legg Mason Partners Arizona Municipals Fund, Inc. [File No. 811-5066]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On February 2, 2007, applicant transferred
its assets to Legg Mason Partners Managed Municipals Fund, Inc., based
on net asset value. Expenses of $43,975 incurred in connection with the
reorganization were paid by applicant and Legg Mason, Inc., the parent
company of applicant's investment adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 125 Broad St., New York, NY 10004.

Legg Mason Partners World Funds, Inc. [File No. 811-6290]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 16, 2007, applicant transferred its
assets to corresponding series of Legg Mason Partners Equity Trust and
Legg Mason Partners Income Trust, based on net asset value. Expenses of
$168,703 incurred in connection with the reorganization were paid by
applicant and Legg Mason, Inc., the parent company of applicant's
investment adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 55 Water St., New York, NY 10041.

Smith Barney Institutional Cash Management Fund, Inc. [File No. 811-
9012]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 16, 2007, applicant transferred its
assets to corresponding series of Legg Mason Partners Institutional
Trust, based on net asset value. Expenses of $306,567 incurred in
connection with the reorganization were paid by applicant and Legg
Mason, Inc., the parent company of applicant's investment adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 55 Water St., New York, NY 10041.

Western Asset Zenix Income Fund Inc. [File No. 811-5484]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On September
23, 2008, applicant transferred its assets to Western Asset High Income
Fund II Inc., based on net asset value. Expenses of $105,000 incurred
in connection with the reorganization were paid by Legg Mason Partners
Fund Advisor, LLC, applicant's investment adviser. Applicant's transfer
agent is holding shares of the acquiring fund for the shareholders of
applicant who held shares in certificated form. Once the old
certificates are submitted to the transfer agent, these shareholders
will receive their shares of the acquiring fund.
    Filing Date: The application was filed on October 10, 2008.
    Applicant's Address: 55 Water St., New York, NY 10041.

VLC Trust [File No. 811-4788]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 17, 2008, applicant transferred
its assets to Narragansett Insured Tax-Free Income Fund, based on net
asset value. Expenses of approximately $107,714 incurred in connection
with the reorganization were paid by applicant and Aquila Investment
Management LLC, the manager of the acquiring fund.
    Filing Date: The application was filed on October 22, 2008.
    Applicant's Address: One Regency Plaza, Suite One, Providence, RI
02903.

Liquid Reserves Portfolio [File No. 811-5813]; Tax Free Reserves
Portfolio [File No. 811-6118]; U.S. Treasury Reserves Portfolio [File
No. 811-6277]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On April 16, 2007, each applicant
transferred its assets to a corresponding series of Master Portfolio
Trust, based on net asset value. Applicants incurred no expenses in
connection with the reorganizations.
    Filing Date: The applications were filed on October 30, 2008.
    Applicants' Address: 55 Water St., New York, NY 10041.

MuniHoldings New York Fund, Inc. [File No. 811-21628]; Enhanced
Government Fund II, Inc. [File No. 811-21830]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company.
Applicants have never made a public offering of their securities and do
not propose to make a public offering or engage in business of any
kind.
    Filing Date: The applications were filed on October 14, 2008.
    Applicants' Address: BlackRock, Inc., 800 Scudders Mill Rd.,
Plainsboro, NJ 08536.

Turnaround Investment Trust [File No. 811-21275]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On February 15, 2008, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $38,895 incurred in connection with the liquidation were
paid by applicant.
    Filing Date: The application was filed on October 14, 2008.
    Applicant's Address: 975 Willagillespie, Suite 200, Eugene, OR
97401.

Citigroup Alternative Investments Trust [File No. 811-21854]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 6,
2008 and June 24, 2008, applicant made liquidating distributions to its
shareholders, based on net asset value. Expenses of approximately
$342,703 incurred in connection with the liquidation were paid by
applicant and Citigroup Alternative Investments LLC, applicant's
investment adviser. Applicant has set aside funds in a liquidating
trust account to pay approximately $20,000 in outstanding debts and
liabilities.
    Filing Dates: The application was filed on August 14, 2008, and
amended on October 24, 2008.
    Applicant's Address: 731 Lexington Ave., 28th Floor, New York, NY
10022.

Phoenix Multi-Portfolio Fund [File No. 811-5436]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 20, 2006, applicant's Phoenix Tax-
Exempt Bond Fund series transferred its assets to a corresponding
series of Phoenix Insight Funds Trust, based on net asset value. On
June 27, 2007, applicant's Phoenix Emerging Markets Bond Fund and
Phoenix Real Estate Securities Fund series transferred their assets to
corresponding series of Phoenix Opportunities Trust, based on net asset
value. On September 24, 2007, applicant's Phoenix International
Strategies Fund transferred its assets to a corresponding series of
Phoenix Opportunities Trust, based on net asset value. Expenses of
$27,152 incurred in connection with the reorganization of applicant's
Phoenix Tax-Exempt Bond Fund series were paid by Phoenix Investment
Counsel Inc., applicant's investment adviser. Total expenses of
$160,962 incurred in connection with the reorganization of applicant's
remaining three series were paid by the acquiring series of Phoenix
Opportunities Trust.
    Filing Date: The application was filed on September 26, 2008.
    Applicant's Address: 56 Prospect St., PO Box 150480, Hartford, CT
06115-0480.

StateShares, Inc. [File No. 811-22000]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has never made a public offering of
its securities and does not propose to make a public offering or engage
in business of any kind.
    Filing Date: The application was filed on October 14, 2008.
    Applicant's Address: 420 Lexington Ave., Suite 2550, New York, NY
10170.

Western Asset Funds II, Inc. [File No. 811-6088]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 16, 2007, applicant transferred its
assets to corresponding series of Legg Mason Partners Income Trust,
based on net asset value. Expenses of $32,580 incurred in connection
with the reorganization were paid by applicant and Legg Mason, Inc.,
the parent company of applicant's investment adviser.
    Filing Date: The application was filed on October 30, 2008.
    Applicant's Address: 55 Water St., New York, NY 10041.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-28274 Filed 11-26-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Proposed Rules]
[Pages 69614-69616]
[FR Doc No: 2010-28551]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 516

[Docket No. FDA-2010-N-0534]

New Animal Drugs for Minor Use and Minor Species

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule.

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

SUMMARY: The Food and Drug Administration (FDA) is proposing to amend
its regulations regarding new animal drugs for minor use and minor
species to update language and to clarify the regulations consistent
with the explanations in the preambles to the proposed and final rules
establishing them. This action is being taken to ensure accuracy and
clarity in the Agency's regulations. This proposed rule is a companion
document to the direct final rule published elsewhere in this issue of
the Federal Register.

DATES: Submit electronic or written comments by January 31, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2010-
N-0534, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and docket number for this rulemaking. All comments received may be
posted without change to http://www.regulations.gov, including any
personal information provided. For additional information on submitting
comments, see the ``Request for Comments'' heading of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number(s), found in brackets in the heading of this document,
into the ``Search'' box and follow the prompts and/or go to the
Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT: Meg Oeller, Center for Veterinary
Medicine (HFV-50), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Minor Use and Minor Species Animal Health Act of 2004 amended
the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to establish
new regulatory procedures that provide incentives intended to make more
drugs legally available to veterinarians and animal owners for the
treatment of minor animal species and uncommon diseases in major animal
species. FDA published the final rule to implement these regulations
(part 516 (21 CFR part 516)) in the Federal Register of July 26, 2007
(72 FR 41010).
    FDA is proposing to amend its regulations regarding new animal
drugs for minor use and minor species (MUMS) in part 516 to update
language and clarify the intent of the regulations consistent with the
preambles to the proposed and final rules.
    In Sec.  516.3(b), FDA is proposing to amend the definition of
``Same dosage form'' to make it clearer that the six dosage form
categories listed in the regulations under Sec.  516.3(b)(i) through
(b)(vi) are the ``categories'' of dosage forms that the preamble to the
proposed rule referenced as follows: ``The second test of sameness
which the statute establishes to determine eligibility of an animal
drug for designation is `same dosage form.' The agency proposes to use
the long-established dosage form categories listed in Title 21 of the
Code of Federal Regulations to implement this statutory requirement''
(70 FR 56394 at 56398, September 27, 2005). To accomplish this
clarification, the amendment will add the word ``categories'' after the
phrase ``dosage forms'' and remove the ``s'' from ``forms'' in the
first sentence of the definition.
    Section 516.20(b)(2) requires that requests for MUMS designation
include ``* * * the generic and trade name, if any, of the drug * * *''
intended to be designated and FDA is proposing to amend this language
to replace the terms ``generic'' and ``trade'' with the terms
``established'' and ``proprietary'', respectively, because the latter
are the terms used in the FD&C Act (see section 502(e) (21 U.S.C.
352(e)). FDA is also proposing to revise this language to clarify that
``drug'' in the context of Sec.  516.20(b)(2) refers to the ``active
pharmaceutical ingredient (API)'' name rather than to a formulated drug
product name. The purpose of the information required in this provision
of the regulation is to permit the Agency to determine whether a drug
is eligible for designation on the basis that it is not the ``same
drug'' as a drug that is already designated, conditionally approved, or
approved (see section 573(a)(2)(B) of the FD&C Act (21 U.S.C. 360ccc-
2)) and, because the definition of ``same drug'' in Sec.  516.3(b)
requires a knowledge of the drug's ``active moiety'' in order to make
this determination, a request for MUMS designation needs to include the
API name. This is because the API name includes the active moiety and
the drug product name normally does not. FDA is also proposing to
clarify the relationship between established and proprietary names in
this context with the use of parentheses.

II. Companion Document to Direct Final Rulemaking

    This proposed rule is a companion to the direct final rule
published in the final rules section of this issue of the Federal
Register. The direct final rule and this companion proposed rule are
substantively identical. This companion proposed rule provides the
procedural framework to proceed with standard notice-and-comment
rulemaking if the direct final rule receives significant adverse
comment and is withdrawn. FDA is publishing the direct final rule
because we believe the rule is non-controversial and we do not
anticipate receiving any significant adverse comments.
    A significant adverse comment is one that explains why the rule
would be inappropriate, including challenges to the rule's underlying
premise or approach, or would be ineffective or unacceptable without a
change. In determining whether an adverse comment is significant and
warrants terminating a direct final rulemaking, we will consider
whether the comment raises an issue serious enough to warrant a
substantive response in a notice-and-comment process in accordance with
section 553 of the Administrative Procedure Act (5 U.S.C. 553).
Comments that are frivolous, insubstantial, or outside the scope of the
rule will not be considered significant or adverse under this
procedure. A comment recommending a regulation change in addition to
those in the rule would not be considered a significant adverse comment
unless the comment states why the rule would be ineffective without the
additional change. In addition, if a significant adverse comment
applies to an amendment, paragraph, or section of this rule and that
provision can be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of a
significant adverse comment. The comment period for the companion
proposed rule runs concurrently with the comment period of the direct
final rule. Any comments received on this companion proposed rule will
also be treated as comments on the direct final rule. We will not
provide additional opportunity for comment.
    If no significant adverse comment is received in response to the
direct final rule, no further action will be taken related to this
companion proposed rule. Instead, we will publish a document confirming
the effective date within 30 days after the comment period ends, and we
intend the direct final rule to become effective 30 days after
publication of the confirmation notice.
    If we receive any significant adverse comments, we will withdraw
the direct final rule within 30 days after the comment period ends and
proceed to respond to all of the comments under this companion proposed
rule using usual notice-and-comment rulemaking procedures. The Agency
will address the comments in a subsequent final rule.

    A full description of FDA's policy on direct final rule procedures
may be found in a guidance document published in the Federal Register
of November 21, 1997 (62 FR 62466). The guidance document may be
accessed at: http://www.fda.gov/RegulatoryInformation/Guidances/ucm125166.htm.

III. Legal Authority

    FDA's authority to issue this proposed rule is provided by section
512(b)(1) of the FD&C Act (21 U.S.C. 360b(b)(1)). This section states
that any person may file with the Secretary of Health and Human
Services an application with respect to any intended use or uses of a
new animal drug and sets forth the specific information that must be
included in such an application. In addition, section 701(a) of the
FD&C Act (21 U.S.C. 371(a)) gives FDA general rulemaking authority to
issue regulations for the efficient enforcement of the FD&C Act. FDA is
issuing this proposed rule under these authorities.

IV. Environmental Impact

    FDA has determined under 21 CFR 25.30(h) that this action is of a
type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

V. Analysis of Impacts

    FDA has examined the impacts of the proposed rule under Executive
Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601-612), and
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive
Order 12866 directs agencies to assess all costs and benefits of
available regulatory alternatives and, when regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). The Agency believes that
this proposed rule is not a significant regulatory action as defined by
the Executive order.
    The Regulatory Flexibility Act requires agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because this proposed rule would not impose any
compliance costs on the sponsors of animal drug products that are
currently marketed or in development, the Agency proposes to certify
that the final rule will not have a significant economic impact on a
substantial number of small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $135 million, using the most current (2009) Implicit
Price Deflator for the Gross Domestic Product. FDA does not expect this
proposed rule to result in any 1-year expenditure that would meet or
exceed this amount.

VI. Federalism

    FDA has analyzed this proposed rule in accordance with the
principles set forth in Executive Order 13132. FDA has determined that
the proposed rule, if finalized, would not contain policies that would
have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Accordingly, the Agency tentatively concludes that the proposed rule
does not contain policies that have federalism implications as defined
in the Executive order and, consequently, a federalism summary impact
statement is not required.

VII. Paperwork Reduction Act of 1995

    This proposed rule contains information collection provisions that
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-
3520). The collections of information addressed in this proposed rule
have been approved by OMB in accordance with the PRA under the
regulations governing designation of new animal drugs for MUMS (part
516, OMB control number 0910-0605). Thus, Sec.  516.20 as amended, does
not constitute a new or additional paperwork burden requiring OMB
approval.

VIII. Request for Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

List of Subjects in 21 CFR Part 516

    Administrative practice and procedure, Animal drugs, Confidential
business information, Reporting and recordkeeping requirements.

    Therefore under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
516 is amended as follows:

PART 516--NEW ANIMAL DRUGS FOR MINOR USE AND MINOR SPECIES

    1. The authority citation for 21 CFR part 516 continues to read as
follows:

    Authority:  21 U.S.C. 360ccc-1, 360ccc-2, 371.

    2. Amend Sec.  516.3(b), by revising the introductory text of the
definition of ``Same dosage form'' to read as follows:

Sec.  516.3  Definitions.

* * * * *
    (b) * * *
    Same dosage form means the same as one of the dosage form
categories specified in the following parts of this chapter:
* * * * *
    3. Amend Sec.  516.20 by revising paragraph (b)(2) to read as
follows:

Sec.  516.20  Content and format of a request for MUMS-drug
designation.

* * * * *
    (b) * * *
    (2) The name and address of the sponsor; the name of the sponsor's
primary contact person and/or permanent-resident U.S. agent including
title, address, and telephone number; the established name (and
proprietary name, if any) of the active pharmaceutical ingredient of
the drug; and the name and address of the source of the active
pharmaceutical ingredient of the drug.
* * * * *

    Dated: November 3, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-28551 Filed 11-12-10; 8:45 am]
BILLING CODE 4160-01-P


% Mosquitocide exposure, inhalation 1.5h/day 21 days
% Dose to reach average cpfos conc in blood = 0.004 ug/L
% Sept 1, 2016
% Cecilia Tan

% Setting model parameters
use human_parameters_MRP
use preg_female_parameters
BWSW=1;		% Set BW to a fixed value
BWST=69;	 % Set BW
QPC = 39.84 %QALV = 39.84*69^0.74*0.7 = 640 L/h = 0.64 m3/h (from Kelly/Wade 10/13/2016)
PREG=0;		% Not pregnant
TSTOP=504;	%Simulation time = 21 days work week

% Inhalation exposure
%CONCMGM=0.802 % Inhalation concentration mg/m3
CONCMGM = 0.0034;
D3IN=7;  %DAYS/WEEK
P2IN=1.5; %HRS/DAY
S2IN=0 ;%OFFSET FROM 0 START TIME (EG IF YOU WANT TO MODEL FROM MIDNIGHT, BUT DOSE AT 8 AM)
W2IN=21; %21 day exposure

prepare @clear@all
start @NoCallback
simall = [_time _rbcce _urinetcpy _cv*350.6 _cvo*334.5 _blauc*350.6 _blauco*334.5 _blaucavg*350.6 _blaucoavg*334.5];	%conc unit = ug/L

save simall @file='mosquitocide_adult_inhalation_cc_15' @format=ascii


[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67450-67452]
[FR Doc No: 2015-27797]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76278; File No. SR-FICC-2015-004]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Provide Additional Details Regarding the Requirement That Members
Participate in Annual Testing of Business Continuity and Disaster
Recovery Plans

October 27, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') and Rule 19b-4 \2\ thereunder, notice is hereby given
that on October 26, 2015, Fixed Income Clearing Corporation (``FICC'')
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 FICC. FICC filed the proposed rule change
pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 19b-4(f)(6) \4\
thereunder. The proposed rule change was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of a change to Rule 3 of the
Clearing Rules of the Mortgage-Backed Securities Division (``MBSD,''
and its Clearing Rules, ``MBSD Rules'') of FICC and Rule 3 of the
Rulebook of the Government Securities Division (``GSD,'' and its
Rulebook, ``GSD Rules'') of FICC to provide additional details
regarding the requirement that MBSD and GSD Members participate in
annual testing of FICC's business continuity and disaster recovery
plans (``BCP Testing'').\5\
---------------------------------------------------------------------------

    \5\ Terms not otherwise defined herein have the meaning set
forth in the MBSD Rules and GSD Rules available at http://www.dtcc.com/legal/rules-and-procedures.aspx.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change would amend Rule 3 (Ongoing Membership
Requirements) of the MBSD Rules and Rule 3 (Ongoing Membership
Requirements) of the GSD Rules to provide additional details regarding
the requirement that MBSD and GSD Members participate in FICC's annual
BCP Testing. Currently, pursuant to Rule 2A (Initial Membership
Requirements) of the MBSD Rules and Rule 2A (Initial Membership
Requirements) of the GSD Rules, each applicant for membership of either
MBSD or GSD must fulfill operational testing requirements, as
established by FICC, that may be imposed to ensure the operational
capability of the applicant.'' \6\ Once a firm becomes a Member of GSD
or MBSD, MBSD Rule 3 and GSD Rule 3 each of their respective [sic]
provides that Members may be required to fulfill certain operational
testing requirements that may be imposed by FICC to test and monitor
the continuing operational capability of the Members.\7\
---------------------------------------------------------------------------

    \6\ Rule 2A, Section 2 of MBSD Rules and Rule 2A, Section 5 of
GSD Rules, supra, note 5.
    \7\ Rule 3, Section 6 of MBSD Rules and Rule 3 Section 5 of GSD
Rules, supra, note 5.
---------------------------------------------------------------------------

    Recently, the Commission promulgated Regulation Systems Compliance
and Integrity (``Reg. SCI''), which requires FICC to establish
standards to designate members \8\ and requires participation by such
designated members in scheduled BCP Testing with FICC on an annual
basis.\9\ Although FICC already conducts annual BCP Testing with
certain MBSD and GSD Members,\10\ FICC is proposing to amend Rule 3 of
the MBSD Rules and Rule 3 of the GSD Rules to further

describe the requirement with respect to BCP Testing.
---------------------------------------------------------------------------

    \8\ 17 CFR 242.1004(a). In adopting Reg. SCI, the Commission
determined not to require covered entities to notify the Commission
of its designations or the standards that will be used in
designating members, recognizing instead that each entity's
standards, designations, and updates, if applicable, would be part
of its records and, therefore, available to the Commission and its
staff upon request. See Securities and Exchange Act Release No.
73639 (November 19, 2014), 79 FR 72252 (December 5, 2014) (File No.
S7-01-13).
    \9\ 17 CFR 242.1004(a) and (b).
    \10\ Rule 3, Section 6 of MBSD Rules and Rule 3 Section 5 of GSD
Rules, supra, note 5.
---------------------------------------------------------------------------

    The proposed amendments to Rule 3 of the MBSD Rules and Rule 3 of
the GSD Rules would increase transparency regarding BCP Testing, and
ensure FICC's practice with respect to such testing is consistent with
Reg. SCI by setting forth FICC's rights to: (i) Designate MBSD and GSD
Members required to participate in BCP Testing using established
standards; (ii) determine the scope and reporting of such BCP Testing;
and (iii) require MBSD and GSD Members to comply with such BCP Testing
within specified timeframes. In connection with these proposed
amendments, FICC would refine the factors that it currently uses to
designate MBSD and GSD Members for BCP Testing. For example, while FICC
would continue to rely on activity-based thresholds to mandate
participation with annual BCP Testing, FICC would also take into
account additional factors when designating firms for BCP Testing,
including, but not limited to: (i) Significant operational issues of
the MBSD or GSD Member during the past twelve months; and (ii) past
performance of the MBSD or GSD Member with respect to BCP Testing. MBSD
and GSD Members would be informed of the specific standards that would
be used by FICC, along with any updates or changes to these standards,
which would be applied on a prospective basis, through established
methods of communication between FICC and the Members of MBSD and GSD.
Likewise, MBSD and GSD Members would be notified in advance that they
have been designated to participate in BCP Testing for the upcoming
year, and would be provided details concerning the nature of such
testing as the particular test plans are determined.
    FICC believes the proposed rule change would have no impact on MBSD
and GSD Members relative to what those Members are currently required
to do. As described above, FICC already requires certain MBSD and GSD
Members to participate in BCP Testing on an annual basis. The proposed
rule change provides further clarity with respect to these requirements
for consistency with Reg. SCI.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, in part, that the MBSD
Rules and GSD Rules be designed to promote the prompt and accurate
clearance and settlement of securities transactions and to protect
investors and the public interest.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Rule 17Ad-22(d)(2), promulgated under the Act, requires FICC to
require that MBSD and GSD Members have robust operational capacity to
meet obligations arising from participation in the clearing agency, to
monitory that its participation requirements are met on an ongoing
basis, and to have participation requirements that are objective and
publicly disclosed.\12\ Rule 17-22(d)(4), promulgated under the Act,
requires FICC to identify sources of operational risk and minimize them
through the development of appropriate systems, controls, and
procedures, and have business continuity plans that allow for timely
recovery of operations and fulfillment of the clearing agency's
obligations.\13\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.17Ad-22(d)(2).
    \13\ 17 CFR 240.17Ad-22(d)(4).
---------------------------------------------------------------------------

    Rule 1004(a) and (b) of Reg. SCI requires FICC to establish
standards for the designation of those MBSD and GSD Members that FICC
reasonably determines are, taken as a whole, the minimum necessary for
the maintenance of fair and orderly markets in the event of the
activation of its business continuity and disaster recovery plans, and
to designate MBSD and GSD Members pursuant to those standards and
require participation by such designated firms in scheduled BCP Testing
annually.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 242.1004(a) and (b).
---------------------------------------------------------------------------

    By facilitating the testing of how business continuity and disaster
recovery plans function between FICC and the MBSD and GSD Members
during an emergency, the proposed rule change would facilitate the
prompt and accurate clearance and settlement of securities transactions
and protect investors and the public interest consistent with of the
Act. The proposed rule change would provide additional details to the
MBSD Rules and GSD Rules regarding the requirement for MBSD and GSD
Members to take part in its BCP Testing annually, strengthening its
compliance with Rule 17Ad-22(d)(2) and (4).\15\ Further, the proposed
rule change would foster the objectives of the Commission under Reg.
SCI by helping to ensure resilient and available markets.\16\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.17Ad-22(d)(2) and (4).
    \16\ 17 CFR 242.1004(a) and (b).
---------------------------------------------------------------------------

    As such, FICC believes that the proposed rule change is consistent
with Section 17A(b)(3)(F) of the Act, Rule 17Ad-22(d)(2) and (d)(4),
promulgated under the Act, and Rule 1004(a) and (b) of Reg. SCI, cited
above.

 (B) Clearing Agency's Statement on Burden on Competition

    FICC does not believe that the proposed rule change would impose
any burden on competition because the proposed rule change would apply
to all MBSD and GSD Members and only provides additional details
regarding an existing requirement.

 (C) Clearing Agency's Statement on Comments on the Proposed Rule
Change Received From Members, Participants, or Others

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) \17\ of the Act and
Rule 19b-4(f)(6) thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the FICC to give the Commission written notice of the its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission deems this requirement to have been met.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \20\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    FICC has asked the Commission to waive the 30-day operative delay
so that the proposal may become operative immediately upon filing.
According to FICC, the proposed rule change does not present any novel
or controversial issues. Rather, FICC is merely providing additional
details regarding BCP Testing requirements or adding provisions that
are consistent with or required by Reg. SCI. Accordingly, the
Commission believes that waiving the 30-day operative delay is
consistent with the

protection of investors and the public interest as it will allow FICC
to incorporate changes required under Reg. SCI prior to the November 3,
2015 compliance date. Therefore, the Commission designates the proposed
rule change to be operative upon filing.\21\
---------------------------------------------------------------------------

    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FICC-2015-004 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-FICC-2015-004. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of FICC and on
DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). 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-FICC-2015-004 and
should be submitted on or before November 23, 2015.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-27797 Filed 10-30-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Page 42279]
[FR Doc No: 2018-18000]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TX18-2-000]

Gateway Energy Storage, LLC; Notice of Filing

    Take notice that on August 14, 2018, pursuant to section 211 of the
Federal Power Act,\1\ Gateway Energy Storage, LLC (Gateway) filed an
application requesting that the Commission issue an order directing San
Diego Gas & Electric Company (SDG&E) to provide interconnection and
transmission service for delivery of the output from Gateway's 250 MW
battery energy storage system project across SDG&E Participating
Transmission Owner's Interconnection Facilities to a Point of
Interconnection with the California Independent System Operator
Corporation Controlled Grid, including Network Upgrades to be
constructed to accommodate service to Gateway.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824j (2012).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 4, 2018.

    Dated: August 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18000 Filed 8-20-18; 8:45 am]
 BILLING CODE 6717-01-P