[Federal Register: November 17, 2006 (Volume 71, Number 222)]
[Notices]
[Page 66999-67004]
[DOCID:fr17no06-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54730; File No. SR-NYSEArca-2006-04]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval to Proposed Rule Change and
Amendments No. 1, 2 and 3 Thereto Relating to the Criteria for
Securities that Underlie Options Traded on the Exchange

 November 9, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 11, 2006, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. NYSE Arca filed Amendment No. 1 to
the proposed rule change on August 18, 2006.\3\ NYSE Arca filed
Amendment No. 2 to the proposed

rule change on October 17, 2006.\4\ NYSE Arca filed Amendment No. 3 to
the proposed rule change on November 6, 2006.\5\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons and is approving the proposal on an
accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced the original filing in its
entirety.
    \4\ Amendment No. 2 corrected certain minor, inadvertent
omissions to the changes proposed in Amendment No. 1. In Amendment
No. 2, NYSE Arca also clarified that Fund Shares must be traded on a
national securities exchange pursuant to NYSE Arca Rule 5.3(g).
    \5\ Amendment No. 3 clarified the proposal, as earlier amended,
and corrected certain minor, inadvertent omissions to the changes
proposed in Amendments No. 1 and 2.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rules 5.3(g), 5.6(k) and
6.39(a), as well as the Commentary to NYSE Arca Rules 11.3 and 11.16,
to enable the initial and continued listing and trading on the Exchange
of options on shares or other securities (``Exchange-Traded Fund
Shares'' or ``Fund Shares'') that represent an interest in a specified
non-U.S. currency. The text of the proposed rule change is below.
Additions are italicized, deletions are [bracketed].

Rules of the NYSE Arca, Inc.

RULE 5 OPTION CONTRACTS TRADED ON THE EXCHANGE

Section 2. Underlying Securities

* * * * *

Rule 5.3--Criteria for Underlying Securities

    (a)-(f)--No change.
    (g) Exchange-Traded Fund Shares. Securities deemed appropriate for
options trading shall include shares or other securities (``Exchange-
Traded Fund Shares'' or ``Fund Shares'') that are [principally] traded
on a national securities exchange [or through the facilities of a
national securities association] and are defined as an ``NMS stock'' in
Rule 600(b)(47) of Regulation NMS [reported as a national market
security], and that (i) represent an interest in a registered
investment company organized as an open-end management investment
company, a unit investment trust or a similar entity which holds
securities constituting or otherwise based on or representing an
investment in an index or portfolio of securities, or (ii) represent
interests in a trust that holds a specified non-U.S. currency deposited
with the trust when aggregated in some specified minimum number may be
surrendered to the trust by the beneficial owner to receive the
specified non-U.S. currency and pays the beneficial owner interest and
other distributions on the deposited non-U.S. currency, if any,
declared and paid by the trust (``Funds''); provided:
(1)
    (A) the Exchange-Traded Fund Shares meet the criteria and
guidelines for underlying securities set forth in Rule 5.3(a) and (b);
or
    (B) the Exchange-Traded Fund Shares must be available for creation
or redemption each business day in cash or in kind from or through the
issuing trust, investment company or other entity [the investment
company] at a price related to the net asset value. In addition, the
issuer [investment company] is obligated [shall provide that] to issue
Fund Shares in a specified aggregate number [fund shares may be
created] even though some or all of the investment assets [securities]
needed to be deposited have not been received by the issuer [unit
investment trust or the management investment company], provided the
authorized creation participant has undertaken to deliver the
investment assets [shares] as soon as possible and such undertaking has
been secured by the delivery and maintenance of collateral consisting
of cash or cash equivalents satisfactory to the issuer of Fund Shares
[fund] which underlie[s] the option as described in the Fund Shares'
[fund or unit trust] prospectus; and
(2)
    (A) any non-U.S. component securities (including fixed-income) in
an [the] index or portfolio of securities on which the Fund Shares are
based that are not subject to comprehensive surveillance agreements do
not in the aggregate represent more than 50% of the weight of the index
or portfolio;
    (B) component securities (including fixed-income) of an index or
portfolio of securities on which Fund Shares are based for which the
primary market is in any one country that is not subject to a
comprehensive surveillance agreement do not represent 20% or more of
the weight of the index; [and]
    (C) component securities (including fixed-income) of an index or
portfolio of securities on which Fund Shares are based for which the
primary market is in any two countries that are not subject to
comprehensive surveillance agreements do not represent 33% or more of
the weight of the index; and[.]
    (D) for Funds that hold a specified non-U.S. currency deposited
with the trust, the Exchange has entered into an appropriate
comprehensive surveillance sharing agreement with the marketplace or
marketplaces with last sale reporting that represent(s) the highest
volume in derivatives (options or futures) on the specified non-U.S.
currency, which are utilized by the national securities exchange where
the underlying Funds are listed and traded.
    (h)--No change.
* * * * *

Rule 5.6--Withdrawal of Approval of Underlying Securities

    (a)-(j)--No change.
    (k) Absent exceptional circumstances, securities initially approved
for options trading pursuant to Rule 5.3(g) (such securities are
defined and referred to in that [Commentary] rule as ``Exchange-Traded
Fund S[s]hares'' or ``Fund Shares'') shall not be deemed to meet the
Exchange's requirements for continued approval, and the exchange shall
not open for trading any additional series of option contracts of the
class covering such Exchange-Traded Fund Shares, whenever the Exchange-
Traded Fund Shares are delisted as provided in subparagraph (b)(5) or
[and] trading in the Fund Shares is [suspended] halted on their primary
market [a national securities exchange, or the Exchange-Traded Fund
Shares are no longer traded as national market securities through the
facilities of a national securities association]. In addition, the
Exchange shall consider the suspension of opening transactions in any
series of options of the class covering Exchange-Traded Fund Shares in
any of the following circumstances:
    (1) In accordance with the terms of paragraphs 1 through [7]4 of
Rule 5.6(b) in the case of options covering Exchange-Traded Fund Shares
when such options were approved pursuant to Rule 5.3(g)(1)(A).
    (2) In the case of options covering Exchange-Traded Fund Shares
approved pursuant to Rule 5.3(g)(1)(B), [F]following the initial
twelve-month period beginning upon the commencement of trading of the
Exchange-Traded Fund Shares on a national securities exchange [or as
national market securities through the facilities of a national market
association] and are defined as an ``NMS stock'' in Rule 600(b)(47) of
Regulation NMS, there are fewer than 50 record and/or beneficial
holders of such Exchange-Traded Fund Shares for 30 or more consecutive
trading days;
    (3) The value of the index or portfolio of securities or non-U.S.
currency on which the Exchange-Traded Fund Shares are based is no
longer calculated or available; or

    (4) Such other event shall occur or condition exist that in the
opinion of the Exchange makes further dealing in such options on the
Exchange inadvisable.
    (l)--No change.

Commentary:

    .01--No change.
* * * * *

RULE 6 OPTIONS TRADING

Rule 6.39--Securities Accounts and Orders of Market Makers

    (a) Identification of Accounts [Upon Request]. A Lead Market Maker
in the Fund Shares, as defined in Rule 5.3(g), is obligated to conduct
all trading in the Fund Shares in account(s) that have been reported to
the Exchange. In addition, [I]in a manner prescribed by the Exchange,
each Market Maker shall [upon request] file with the Exchange a list
identifying all accounts for stock, options, non-U.S. currency, non-
U.S. currency options, futures or options on futures on such currency,
or any other derivatives based on such currency and related securities
trading in which the Market Maker may directly or indirectly engage in
trading activities or over which the Market Maker exercises investment
discretion. No Market Maker shall engage in stock, options, non-U.S.
currency, non-U.S. currency options, futures or options on futures on
such currency, or any other derivatives based on such currency or
related securities trading in an account that has not been reported
pursuant to this Rule.
    (b)--No change.

Commentary:

    .01--No change.
* * * * *

RULE 11 BUSINESS CONDUCT

Rule 11.3--Prevention of the Misuse of Material, Nonpublic Information

    (a)-(b)--No change.

Commentary:

    .01 For purposes of Rule 11.3, conduct constituting the misuse of
material, non-public information includes, but is not limited to, the
following:
    A. Trading in any securities issued by a corporation or Funds, as
defined in Rule 5.3(g), or a trust or similar entities, or in any
related securities or related options or other derivative securities,
or in any related non-U.S. currency, non-U.S. currency options, futures
or options on futures on such currency, or any other derivatives based
on such currency while in possession of material, non-public
information concerning that issuer; or
    B. Trading in a security or related options or other derivative
securities, or in any related non-U.S. currency, non-U.S. currency
options, futures or options on futures on such currency, or any other
derivatives based on such currency while in possession of material non-
public information concerning imminent transactions in the above
[security or related securities]; or
    C. Disclosing to another person or entity any material, non-public
information involving a corporation or Funds or a trust or similar
entities whose shares are publicly traded or an imminent transaction in
an underlying security or related securities or in the underlying non-
U.S. currency, or any related non-U.S. currency options, futures or
options on futures on such currency, or any other derivatives based on
such currency for the purpose of facilitating the possible misuse of
such material, non-public information.
    .02-.03--No change.
* * * * *

Rule 11.16--Books and Records

    (a)--No change.

Commentary:

    .01--No change.
    .02 In addition to the existing obligations under Exchange rules
regarding the production of books and records, a Lead Market Maker in
non-U.S. currency, non-U.S. currency options, futures or options on
futures on such currency, or any other derivatives based on such
currency, shall make available to the Exchange such books, records or
other information pertaining to transactions in the applicable non-U.S.
currency, non-U.S. currency options, futures or options on futures on
such currency, or any other derivatives on such currency, as may be
requested by the Exchange.
    (b)--No change.
* * * * *

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 NYSE Arca 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 III below. The NYSE Arca has prepared summaries, set
forth in Sections A, B, and C below, of the most significant aspects of
such statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend NYSE Arca
Rules 5.3(g), 5.6(k) and 6.39(a), as well as the Commentary to NYSE
Arca Rules 11.3 and 11.16, to enable the initial and continued listing
and trading on the Exchange of options on shares of exchange-traded
funds (``ETFs'') that hold a specified non-U.S. currency. The proposed
rule change is based on the rule proposal of the International
Securities Exchange (``ISE''), which was approved by the Commission.\6\
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    \6\ See Securities Exchange Act Release No. 54087 (June 30,
2006), 71 FR 38918 (July 10, 2006) (SR-ISE-2005-60).
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    Currently, the term ``Exchange-Traded Fund Shares,'' as defined
under NYSE Arca Rule 5.3(g), requires that the investment assets held
by a registered investment company organized as an open-end management
investment company, a unit investment trust or a similar entity consist
of securities constituting or otherwise based on or representing an
investment in an index or portfolio of securities. As proposed, amended
NYSE Arca Rule 5.3(g) would also permit the investment assets to
consist of a trust that holds a specified non-U.S. currency deposited
with the trust.
    In particular, the proposed amendment to NYSE Arca Rule 5.3(g)
would permit the Exchange to list options on the euro shares
(``Shares'' or ``Euro Shares'') \7\ issued by the Euro Currency Trust
(``Trust'') \8\ and other similarly structured currency-based products,
which function as an ETF, whose Shares reflect the price of a
particular foreign currency and whose assets are limited to a
particular foreign currency. The Shares may be purchased from the Trust
only in one or more blocks of 50,000 Shares, as described in the
prospectus under ``Creation and Redemption of Shares.'' A block of
50,000 shares is called a Basket. The Trust issues Shares in Baskets on
a continuous basis to certain authorized participants (``Authorized
Participants'') as described in the prospectus under ``Plan of
Distribution.'' Each Basket, when created, is offered and sold to an
Authorized Participant at a price in euro

equal to the net asset value (``NAV'') for 50,000 Shares on the day
that the order to create the Basket is accepted by the Trustee.
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    \7\ The Shares trade on the New York Stock Exchange (``NYSE'')
under the symbol ``FXE.'' The Shares may also trade in other
markets.
    \8\ The Exchange notes that the Trust is not a registered
investment company under the Investment Company Act of 1940 (the
``1940 Act'') and is not required to register under the 1940 Act.
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    The Exchange believes that permitting options on foreign currency-
based Fund Shares to be traded on the Exchange is consistent with the
Commission's recent approval order of a rule change filed by the NYSE
to list and trade the Shares.\9\ This rule change to NYSE Arca's
listing criteria for Fund Shares is intended to provide appropriate
listing standards for options on the Shares and similar types of
foreign currency-based Fund Shares that may be listed in the future.
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    \9\ See Securities Exchange Act Release No. 52843 (November 28,
2005), 70 FR 72486 (December 5, 2005) (SR-NYSE-2005-65).
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    For options trading, the underlying Fund Shares will continue to
need to satisfy the listing standards in NYSE Arca Rule 5.3(g).
Specifically, the Fund Shares must be traded on a national securities
exchange and must be an ``NMS stock'' as defined in Rule 600(b)(47) of
Regulation NMS.\10\ The Fund Shares must also either: (1) Meet the
criteria and guidelines for underlying securities set forth in NYSE
Arca Rule 5.3(a) and (b); or (2) be available for creation or
redemption each business day in cash or in kind from or through the
issuer at a price related to NAV, and the issuer is obligated to issue
Fund Shares in a specified aggregate number even though some or all of
the investment assets needed to be deposited have not been received by
the issuer, subject to the condition that the authorized creation
participant has undertaken to deliver the investment assets as soon as
possible, and such undertaking is secured by the delivery and
maintenance of collateral consisting of cash or cash equivalents
satisfactory to the issuer, as described in the prospectus. Proposed
NYSE Arca Rule 5.3(g)(2)(D) provides that ``for Funds that hold a
specified non-U.S. currency deposited with the trust, the Exchange has
entered into an appropriate comprehensive surveillance sharing
agreement with the marketplace or marketplaces with last sale reporting
that represent(s) the highest volume in derivatives (options or
futures) on the specified non-U.S. currency, which are utilized by the
national securities exchange where the underlying Funds are listed and
traded.'' The Exchange is also proposing to make other conforming
changes to the text of NYSE Arca Rule 5.3(g) to reflect the proposed
broadened definition of Fund Shares.
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    \10\ In light of the implementation of certain aspects of
Regulation NMS, the Exchange hereby seeks to amend NYSE Arca Rule
5.3(g) to reflect that Exchange-Traded Fund Shares must be NMS
stocks as defined in Rule 600(b)(47) of Regulation NMS instead of
``national market'' securities. The Exchange also seeks to amend
NYSE Arca Rule 5.6(k), the maintenance rule for Exchange-Traded Fund
Shares, to delete obsolete references contained therein.
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    Under NYSE Arca Rule 5.6(k), the Exchange will not open for trading
any additional series of option contracts of a class covering Fund
Shares whenever the Fund Shares are delisted or trading in the Fund
Shares is halted on the primary market. In addition, the Exchange will
consider the suspension of opening transactions in any series of
options of the class covering Fund Shares as follows: (1) Following the
initial twelve-month period beginning upon the commencement of trading
of the Fund Shares, there are fewer than 50 record and/or beneficial
holders of the Fund Shares for 30 or more consecutive trading days; (2)
the value of the non-U.S. currency is no longer calculated or
available; or (3) such other event occurs or condition exists that in
the opinion of the Exchange makes further dealing on the Exchange
inadvisable.
    The Exchange represents that the expansion of the types of
investments that may be held by a Fund Share under NYSE Arca Rule
5.3(g) will not have any effect on the rules pertaining to position and
exercise limits \11\ or margin.\12\
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    \11\ See NYSE Arca Rules 6.8 and 6.9.
    \12\ See NYSE Arca Rule 4.16.
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    The Exchange is also proposing to amend Commentary .01 to NYSE Arca
Rule 11.3 to require an OTP Holder or OTP Firm to establish, maintain,
and enforce written policies and procedures designed to prevent the
misuse of any material nonpublic information it might have or receive
in a related security, option, or derivative security or in the
applicable non-U.S. currency, non-U.S. currency options, futures or
options on futures on such currency, or any other derivatives based on
such currency. Finally, the Exchange is proposing to amend NYSE Arca
Rule 6.39(a) and to add Commentary .02 to NYSE Arca Rule 11.16 to
require that market makers handling options on Fund Shares provide the
Exchange with all necessary information relating to their trading in
the applicable non-U.S. currency, non-U.S. currency options, futures or
options on futures on such currency, or any other derivatives based on
such currency. In addition, proposed NYSE Arca Rule 6.39(a) would
prohibit market makers from engaging in stock, options, non-U.S.
currency, non-U.S. currency options, futures or options on futures on
such currency, or any other derivatives based on such currency or
related securities trading in an account which has not been reported in
a manner prescribed by the Exchange.
    The Exchange represents that it has an adequate surveillance
program in place for options on the Fund Shares, and intends to apply
those same program procedures that it applies to options on Fund Shares
currently traded on the Exchange. To comply with proposed NYSE Arca
Rule 5.3(g)(2)(D), the Exchange may obtain trading information via the
Intermarket Surveillance Group (``ISG'') from other exchanges who are
members or affiliates of the ISG. Specifically, NYSE Arca can obtain
such information from the Philadelphia Stock Exchange (``Phlx'') in
connection with euro options trading on the Phlx and from the Chicago
Mercantile Exchange (``CME'') and the London International Financial
Futures Exchange (``LIFFE'') in connection with euro futures trading on
those exchanges.\13\
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    \13\ Phlx is a member of ISG. CME and LIFFE are affiliate
members of ISG.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \14\ of the Act in general and furthers the
objectives of Section 6(b)(5) \15\ in particular in that it is designed
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market, and, in general, to protect
investors and the public interest. In addition, the Exchange believes
that, with the commencement of trading of a currency-based ETF of the
NYSE, amending its rule to accommodate the listing and trading of
options on publicly traded shares or other securities that hold
investment assets consisting of foreign currency will benefit investors
by providing them with the same valuable risk management tool that is
currently available with respect to other publicly traded ETFs whose
investment assets consist of securities.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2006-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-04. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NYSE Arca. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2006-04 and should be submitted on or before
December 8, 2006.

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

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\16\ In particular, the Commission finds that the
proposed rule change, as amended, is consistent with Section 6(b)(5) of
the Act,\17\ which requires, among other things, that the rules of an
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
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    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
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    Currently, the Exchange can list options on Fund Shares that
represent an interest in a registered investment company organized as
an open-end management investment company, a unit investment trust or a
similar entity that holds securities constituting or otherwise based on
or representing an investment in an index or portfolio of
securities.\18\ The Exchange's proposal would allow it to list and
trade options on Fund Shares whose investment assets consist of a
specified non-U.S. currency deposited with a trust.\19\
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    \18\ See NYSE Arca Rule 5.3(g).
    \19\ For example, the Exchange's proposed rule change will
permit the Exchange to list options on Euro Shares that are listed
and traded on the NYSE under the symbol ``FXE.'' See supra note 9.
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    The underlying Fund Shares would continue to need to satisfy the
listing standards in NYSE Arca Rule 5.3(g). Specifically, the Fund
Shares must be traded on a national securities exchange \20\ and must
be an ``NMS stock'' as defined in Rule 600(b)(47) of Regulation
NMS.\21\ The Fund Shares must also either: (1) meet the criteria and
guidelines for underlying securities set forth in NYSE Arca Rule 5.3(a)
and (b); or (2) be available for creation or redemption each business
day in cash or in kind from or through the issuer at a price related to
NAV, and the issuer is obligated to issue Fund Shares in a specified
aggregate number. The Commission notes that the Exchange has
represented that the expansion of the types of investments that may be
held by a Fund Share under NYSE Arca Rule 5.3(g) will not have any
effect on the rules pertaining to position and exercise limits or
margin.\22\
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    \20\ The Commission notes that NYSE Arca is proposing to revise
NYSE Arca Rule 5.3(g) to eliminate the current reference to trading
through the facilities of a national securities association.
    \21\ 17 CFR 242.600(b)(47).
    \22\ See supra notes 11 and 12.
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    To accommodate the listing and trading of options on Fund Shares
investing in non-U.S. currency, the Exchange proposes to amend
Commentary .01 to NYSE Arca Rule 11.3 to require an OTP Holder or OTP
Firm to establish, maintain, and enforce written policies and
procedures designed to prevent the misuse of any material nonpublic
information it might have or receive in a related security, option, or
derivative security or in the applicable non-U.S. currency, non-U.S.
currency options, futures or options on futures on such currency, or
any other derivatives based on such currency. Further, the Exchange
proposes to amend NYSE Arca Rule 6.39(a) and to add Commentary .02 to
NYSE Arca Rule 11.16 to require that market makers handling options on
Fund Shares provide the Exchange with all necessary information
relating to their trading in the applicable non-U.S. currency, non-U.S.
currency options, futures or options on futures on such currency, or
any other derivatives based on such currency. The Commission believes
that these requirements should minimize potential manipulation
concerns.
    Finally, under the proposed change to NYSE Arca Rule 5.6(k), absent
exceptional circumstances, Fund Shares would not be deemed to meet the
requirements for continued approval, and the Exchange would not open
for trading any additional series of option contracts of the class
covering such Fund Shares, if the Fund Shares are delisted or, pursuant
to the proposed rule change, trading in the Fund Shares is halted on
their primary market. The Commission believes that the Exchange's
proposal to amend NYSE Arca Rule 5.6(k) addressing trading halts in the
Fund Shares on their primary market is consistent with the protection
of investors and the public interest. NYSE Arca Rule 5.6(k) also
provides that the Exchange will consider the suspension of opening
transactions in any series of options of the class covering Fund Shares
if the value of the non-U.S. currency on which the Fund Shares are
based is no longer calculated or available. The Commission believes
that this change appropriately addresses the Exchange's proposed
broadened definition of Fund Shares to include Fund Shares that
represent interests in a trust that holds a specified non-U.S.
currency.

    The Exchange has represented that it has an adequate surveillance
program in place for options on the Fund Shares, as defined by the
Exchange's proposal, and it intends to apply those same program
procedures that it applies to options on Fund Shares currently traded
on the Exchange. In addition, under proposed NYSE Arca Rule
5.3(g)(2)(D), before listing and trading options on Fund Shares based
on a non-U.S. currency, the Exchange must have entered into an
appropriate comprehensive surveillance sharing agreement with the
applicable marketplace or marketplaces with last sale reporting that
represent(s) the highest volume in derivatives (options or futures) on
the specified non-U.S. currency. This provision means that the options
exchange listing options on the Fund Shares must utilize the same
comprehensive surveillance sharing arrangements utilized by the equity
markets that list and trade the Fund Shares. Through its membership in
the ISG, the Exchange is able to obtain trading information regarding
trading of listed foreign currency derivative products from other
marketplaces that are members or affiliates of the ISG. With respect to
the Euro Shares, the Commission notes that the Exchange can obtain such
information from the Phlx in connection with euro options trading on
the Phlx and from the CME and the LIFFE in connection with euro futures
trading on those exchanges.\23\
---------------------------------------------------------------------------

    \23\ See supra note 13.
---------------------------------------------------------------------------

Accelerated Approval

    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the thirtieth day after the date of
publication of the notice of the filing thereof in the Federal Register
pursuant to Section 19(b)(2) of the Act.\24\ The Exchange has requested
accelerated approval of the proposed rule change. The proposal
implements rules for the listing and trading of options on Fund Shares
representing an interest in a specified non-U.S. currency that are
substantially similar to listing standards recently adopted by the
ISE.\25\ Inasmuch as options on Fund Shares are already listed and
traded on other exchanges, the Commission does not believe that the
Exchange's proposal raises any novel regulatory issues. Granting
accelerated approval to the proposal will enable the Exchange to
immediately list and trade options on ETFs holding non-U.S. currency.
Therefore, the Commission finds good cause, consistent with Section
19(b)(2) of the Act,\26\ to approve the proposed rule change, as
amended, on an accelerated basis.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
    \25\ See supra note 6.
    \26\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    For the foregoing reasons, the Commission finds that the proposed
rule change, as amended, is consistent with the Act and rules and
regulations thereunder applicable to the national securities exchange.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\27\ that the proposed rule change (SR-NYSEArca-2006-04), as
amended, is hereby approved on an accelerated basis.
---------------------------------------------------------------------------

    \27\ See id.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-19418 Filed 11-16-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Notices]
[Page 3228-3230]
[DOCID:fr20ja10-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance at Midwest ISO Meetings

January 12, 2010.
    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and Commission staff may attend the following
Midwest ISO-related meetings:

 Advisory Committee (10 a.m.-3 p.m., ET)
    [cir] January 20
    [cir] February 17
    [cir] March 17
    [cir] May 19
    [cir] June 16
    [cir] July 14
    [cir] August 18 (St. Paul Hotel, 350 Market St., St. Paul, MN)
    [cir] September 15
    [cir] October 20
    [cir] November 17
    [cir] December 1
 Board of Directors (8:30 a.m.-10 a.m., ET)
    [cir] February 18
    [cir] April 15 (Crowne Plaza Hotel, 123 West Louisiana St.,
Indianapolis, IN)
    [cir] June 17
    [cir] August 19 (St. Paul Hotel, 350 Market St., St. Paul, MN)
    [cir] October 21
    [cir] December 2
 Board of Directors Markets Committee (8 a.m.-10 a.m., ET)
    [cir] February 17
    [cir] March 17
    [cir] April 14 (Crowne Plaza Hotel, 123 West Louisiana St.,
Indianapolis, IN)
    [cir] May 19
    [cir] June 16
    [cir] July 14
    [cir] August 18 (St. Paul Hotel, 350 Market St., St. Paul, MN)
    [cir] September 15
    [cir] October 20
    [cir] November 17
    [cir] December 1
 Midwest ISO Informational Forum (3 p.m.-5 p.m., ET)
    [cir] January 19
    [cir] February 16
    [cir] March 16
    [cir] May 18
    [cir] June 15
    [cir] July 13
    [cir] August 17 (St. Paul Hotel, 350 Market St., St. Paul, MN)
    [cir] September 14
    [cir] October 19
    [cir] November 16
    [cir] December 14
 Midwest ISO Market Subcommittee (9 a.m.-5 p.m., ET)
    [cir] January 5
    [cir] February 2
    [cir] March 2
    [cir] March 30
    [cir] May 4
    [cir] June 1
    [cir] June 29
    [cir] August 3
    [cir] August 31
    [cir] October 5
    [cir] November 2
    [cir] December 7

    Except as noted, all of the meetings above will be held at: Midwest
ISO Headquarters, 720 City Center Drive, Carmel, IN 46032.

 Fifth Annual Midwest ISO Stakeholders' Meeting (10 a.m.-5
p.m., ET)
    [cir] April 14 (Crowne Plaza Hotel, 123 West Louisiana Street,
Indianapolis, IN 46225)

    Further information may be found at http://www.midwestiso.org.
    The above-referenced meetings are open to the public.
    The discussions at each of the meetings described above may address
matters at issue in the following proceedings:

Docket No. AD07-12, Reliability Standard Compliance and Enforcement in
Regions with Independent System Operators and Regional Transmission
Organizations
Docket Nos. EC06-4 and ER06-20, Louisville Gas and Electric Company, et
al.
Docket No. ER02-488, Midwest Independent Transmission System Operator,
Inc.
Docket Nos. ER02-2595, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER04-375, Midwest Independent Transmission System Operator,
Inc., et al.
Docket Nos. ER04-458, et al., Midwest Independent Transmission System
Operator, Inc.
Docket Nos. ER04-691, EL04-104 and ER04-106, et al., Midwest
Independent Transmission System Operator, Inc., et al.
Docket No. ER05-6, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER05-636, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-752, Midwest Independent Transmission System Operator,
Inc. and PJM Interconnection, L.L.C.
Docket No. ER05-1047, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1048, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1083, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER05-1085, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER05-1138, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1201, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1230, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL05-103, Northern Indiana Power Service Co. v. Midwest
Independent Transmission System Operator, Inc. and PJM Interconnection,
L.L.C.
Docket No. EL05-128, Quest Energy, L.L.C. v. Midwest Independent
Transmission System Operator, Inc.
Docket Nos. ER06-18, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER06-22, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-27, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. ER06-56, Midwest Independent Transmission System Operator,
Inc.

Docket No. ER06-192, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-356, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-360, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER06-532, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-731, Independent Market Monitor for the Midwest
Independent Transmission System Operator, Inc.
Docket No. ER06-866, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-881, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-1420, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-1536, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-1552, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL06-31, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. EL06-49, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. EL06-80, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-53, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-478, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-532, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-580, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-815, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-940, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. ER07-1141, International Transmission Co., et al.
Docket No. ER07-1144, American Transmission Co. LLC, et al.
Docket No. ER07-1182, Midwest Independent Transmission System Operator,
Inc.
Docket Nos. ER07-1233 and ER07-1261, Midwest Independent Transmission
System Operator, Inc.
Docket No. ER07-1372, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-1375, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-1388, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-1417, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. EL07-44, Dakota Wind Harvest, LLC v. Midwest Independent
Transmission System Operator, Inc., et al.
Docket No. EL07-79, Midwest Independent Transmission System Operator,
Inc.
Docket Nos. EL07-86, EL07-88, EL07-92, Ameren Services Co., et al. v.
Midwest Independent Transmission System Operator, Inc., et al.
Docket No. EL07-100, E.ON U.S. LLC v. Midwest Independent Transmission
System Operator, Inc.
Docket No. ER08-15, Midwest ISO Transmission Owners
Docket No. ER08-55, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. ER08-109, Midwest Independent Transmission System Operator,
Inc.
Docket Nos. ER08-185 and ER08-186, Ameren Energy Marketing Company, et
al.
Docket No. ER08-207, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-209, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-269, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-296, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-320, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-370, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-394, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-404, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-637, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-925, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1043, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1074, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1169, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1244, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1252, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1285, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1309, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1370, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1399, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1400, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1401, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1404, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1435, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1485, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1486, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER08-1505, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-59, American Transmission Company, Inc.
Docket No. ER09-66, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-83, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-91, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-108, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-117, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-123, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-160, Midwest Independent Transmission System Operator,
Inc.

Docket No. ER09-180, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-245, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-266, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-267, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-403, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-499, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-506, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-512, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-573, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-592, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-654, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-660, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-769, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-774, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-783, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-785, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-788, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-807, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-827, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-839, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-861, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-991, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-994, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-998, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-999, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1049, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1074, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1126, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1369, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1396, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1422, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1431, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1432, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1435, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1526, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1543, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1575, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1581, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1619, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1719, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1727, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1769, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-1779, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER10-8, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER10-27, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER10-277, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER10-279, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER10-224, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER10-128, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER10-191, E.ON U.S. LLC
Docket No. OA07-57, Midwest Independent Transmission System Operator,
Inc.
Docket No. OA08-4, Midwest ISO Transmission Owners, et al.
Docket No. OA08-14, Midwest Independent Transmission System Operator,
Inc.
Docket No. OA08-42, Midwest Independent Transmission System Operator,
Inc.
Docket No. OA08-53, Midwest Independent Transmission System Operator,
Inc.
Docket No. OA08-106, Midwest Independent Transmission System Operator,
Inc.
Docket No. OA09-7, Midwest Independent Transmission System Operator,
Inc.
Docket Nos. RR07-2, et al., Delegation Agreement Between the North
American Electric Reliability Corporation and Midwest Reliability
Organization, et al.

    For more information, contact Patrick Clarey, Office of Energy
Markets Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>or Christopher Miller, Office of
Energy Markets Regulation, Federal Energy Regulatory Commission at
(317) 249-5936 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-910 Filed 1-19-10; 8:45 a.m.]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Page 7656]
[FR Doc No: 2012-3254]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA FAA-2012-0156]

Advisory Circular: Public Aircraft Operations

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

ACTION: Notice of availability; request for comment.

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

SUMMARY: This notice announces the availability of a proposed revision
to Advisory Circular 00-1.1 regarding public aircraft operations. This
advisory circular provides information for any person who engages in
public aircraft operations as defined by statute.

DATES: Written comments must be received on or before April 13, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-0156
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carl N. Johnson, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>.
    Background: This advisory circular (AC) provides updated
information on the application of the statutory requirements for public
aircraft operations (PAO) and FAA policy regarding the use of contract
operators. This AC is not mandatory and does not constitute a
regulation. Nothing in this AC changes the requirement to comply with
the statute.
    On March 23, 2011, the FAA published a Notice of Policy Regarding
Civil Aircraft Operators Providing Contract Support to Government
Entities (Public Aircraft Operations) (76 FR 16349). This advisory
circular provides additional information on the application of that
policy.
    The agency will consider all comments received by April 13, 2012.
Comments received after that date may be considered if consideration
will not delay publication of the advisory circular. A copy of the
advisory circular is available for review in the assigned docket at
http://www.regulations.gov.

    Issued in Washington, DC, on February 7, 2012.
John M. Allen,
Director, Flight Standards Service.
[FR Doc. 2012-3254 Filed 2-10-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64213]
[DOCID:fr15no07-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No: 2277-007]

Union Electric Company; Notice of Application for Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

November 6, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of license to delete certain non-
jurisdictional transmission facilities from license.
    b. Project No.: 2277-007.
    c. Date Filed: October 12, 2007.
    d. Applicant: Union Electric Company (doing business as AmerenUE).
    e. Name of Project: Tom Sauk Pumped-Storage Project.
    f. Location: The project is located on the East Fork of the Black
River in Reynolds County, Missouri.
    g. Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Thomas L. Hollenkamp, Manager Dam Safety
& Hydro Engineering, AmerenUE, One Ameren Plaza, 1901 Chouteau Avenue,
St. Louis, MO 63166-6149.
    i. FERC Contact: Any questions on this notice should be addressed
to Mr. Vedula Sarma at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: December 7, 2007.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: Union Electric Company dba AmerenUE
proposes to delete from license a 30-mile-long 138-kV transmission line
extending from the switchyard at the Tom Sauk Pumped-Storage Project to
the Rivermines Substation. According to AmerenUE the line is no longer
a primary line for the project but functions as part of an integrated
transmission system under the control of Midwest Independent System
Operator and is used to transmit power from both project and non-
project sources.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to

be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22289 Filed 11-14-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Rules and Regulations]
[Pages 25943-25946]
[FR Doc No: 2015-10486]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2014-0834; FRL-9926-99]

Defensin Proteins (SoD2 and SoD7) Derived From Spinach (Spinacia
oleracea L.) in Citrus Plants; Temporary Exemption From the Requirement
of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of SoD2 and SoD7, two defensin
proteins derived from spinach (Spinacia oleracea L.), in or on citrus
when used as plant-incorporated protectants (PIPs) in accordance with
the terms of Experimental Use Permit (EUP) No. 88232-EUP-1. Southern
Gardens Citrus submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting the temporary tolerance
exemption. This regulation eliminates the need to establish a maximum
permissible level for residues of SoD2 and SoD7 in or on citrus. The
temporary tolerance exemption expires on April 18, 2018.

DATES: This regulation is effective May 6, 2015. Objections and
requests for hearings must be received on or before July 6, 2015, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0834, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200

Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2014-0834 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
July 6, 2015. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0834, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Framework

    In the Federal Register of January 28, 2015 (80 FR 4525) (FRL-9921-
55), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 4F8289) by Southern Gardens Citrus, 1820 Country Road 833,
Clewiston, FL 33440. The petition requested that 40 CFR part 174 be
amended by establishing a temporary exemption from the requirement of a
tolerance for residues of spinach defensin (SoD2 and SoD7) proteins in
or on citrus. That document referenced a summary of the petition
prepared by the petitioner Southern Gardens Citrus, which is available
in the docket, http://www.regulations.gov. A comment was received on
the notice of filing. EPA's response to this comment is discussed in
Unit VII.C.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe '' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.'' Additionally, FFDCA section 408(b)(2)(D) requires that the Agency
consider ``available information concerning the cumulative effects of a
particular pesticide's residues'' and ``other substances that have a
common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability,
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.
    Diverse defensin proteins are expressed by most eukaryotic species
to combat various bacterial and fungal organisms. Homologous proteins
have also diverged in evolution to provide functions related to plant
stresses such as heat and drought.
    There is a long history of mammalian consumption of the entire
spinach plant (both raw and cooked) as food, without causing any known
deleterious human health effects or any evidence of toxicity. Spinach
plant leaves have long been part of the human diet and there have been
no findings that indicate toxicity or allergenicity of spinach
proteins. Spinach is commonly regarded as a ``super food'' that serves
as an excellent source of vitamins, minerals, and antioxidants. Recent
U.S. consumption statistics indicate that, on average, 2 lbs. of
spinach are consumed per person per year in the United States.
``Spinach Profile,'' Agricultural Marketing Resource Center (June 2013)
(http://www.agmrc.org/commodities_products/vegetables/spinach-profile/
). Similarly, citrus whole fruits and juices have been an important
part of the

American and international diets for centuries. ``History of Citrus,''
All Foods Natural (2013) (available online at: http://www.allfoodnatural.com/article/history-of-citrus.html). Available
studies demonstrate that spinach defensin 2 (SoD2) and spinach defensin
7 (SoD7) proteins have very low oral toxicity. In an acute oral
toxicity study conducted with a single dose of 5,000 milligram/kilogram
(mg/kg) of microbial-produced SoD2 protein, no evidence of toxic or
adverse effects was observed. Due to the high similarity between SoD2
and SoD7, the toxicity assessment is applicable to both proteins.
    In an in vitro study, microbial-produced SoD2 and SoD7 proteins
were rapidly and extensively hydrolyzed in stimulated gastric and
intestinal conditions in the presence of pepsin (at pH 1.2) and
pancreatin, respectively. Both microbial-produced SoD2 and SoD7
proteins demonstrated half-lives of approximately five minutes when
subjected to pepsin digest, and both proteins were completely
proteolyzed to amino acids and small peptide fragments in less than one
minute in the presence of 0.15 milligram/liter (mg/ml) pancreatin.
These results indicate that both the SoD2 and SoD7 proteins are highly
susceptible to degradation in conditions similar to the human digestive
tract.
    A literature search was performed to identify any published studies
that might implicate these spinach proteins as allergens. No scientific
references were found to suggest possible allergenicity associated with
these spinach proteins. Sequence comparisons were made between the
novel proteins from spinach, SoD2 and SoD7, against those of known and
putative allergens using FASTA3 to search the AllergenOnline.org
database using full-length matches, sliding window of 80 amino acids
and finally 8-mer identity searches. In addition, the sequences were
searched against the National Center for Biotechnology Information
(NCBI) Protein database without keyword limits to identify highly
related proteins and with the keyword limit of allergen, to find any
high scoring identity matches to proteins annotated as allergens, as a
check on the AllergenOnline.org data. No significant sequence matches
were found between either SoD2 or SoD7 and any allergens. Thus there
are no potential safety concerns related to allergenicity that would
require further testing.

IV. Aggregate Exposures

    In examining aggregate exposure, FFDCA section 408 directs EPA to
consider available information concerning exposures from the pesticide
residue in food and all other non-occupational exposures, including
drinking water from ground water or surface water and exposure through
pesticide use in gardens, lawns, or buildings (residential and other
indoor uses).
    The Agency has considered available information on the aggregate
exposure levels of consumers (and major identifiable subgroups of
consumers) to the pesticide chemical residue and to other related
substances. These considerations include dietary exposure under the
tolerance exemption and all other tolerances or exemptions in effect
for the plant-incorporated protectant chemical residue, and exposure
from non-occupational sources. The Agency anticipates that there may be
dietary exposure to the pesticide from the consumption of citrus
products. In addition, people have a long history of consumption of
spinach and will continue to be exposed to defensin proteins through
consumption of spinach. Since the PIP is integrated into the plants
genome, the Agency has concluded, based upon previous science reviews,
that residues in drinking water will be extremely low or non-existent.
Non-occupational exposure via the skin or inhalation is not likely
since the plant-incorporated protectant is contained within plant
cells, which essentially eliminates these exposure routes or reduces
these exposure routes to negligible. In any event, there are no non-
dietary non-occupational uses of SoD2 and SoD7 as it is only used in
agricultural settings.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    Since SoD2 and SoD7 proteins do not act through a toxic mode of
action nor do the SoD2 and SoD7 proteins appear to produce a toxic
metabolite produced by other substances, the proteins do not have a
common mechanism of toxicity with other substances; therefore, the
requirements of section 408(b)(2)(D)(v) do not apply.

VI. Determination of Safety for U.S. Population, Infants and Children

    FFDCA section 408(b)(2)(C) provides that, in considering the
establishment of a tolerance or tolerance exemption for a pesticide
chemical residue, EPA shall assess the available information about
consumption patterns among infants and children, special susceptibility
of infants and children to pesticide chemical residues, and the
cumulative effects on infants and children of the residues and other
substances with a common mechanism of toxicity. In addition, FFDCA
section 408(b)(2)(C) provides that EPA shall apply an additional
tenfold (10X) margin of exposure (safety) for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines that a different margin of exposure (safety) will
be safe for infants and children. This additional margin of exposure
(safety) is commonly referred to as the Food Quality Protection Act
Safety Factor (FQPA SF). In applying this provision, EPA either retains
the default value of 10X or uses a different additional safety factor
when reliable data available to EPA support the choice of a different
factor.
    Based on the information discussed in Unit III., EPA concludes that
there are no threshold effects of concern to infants, children, or
adults from exposure to the spinach defensin proteins SoD2 and SoD7. As
a result, EPA concludes that no additional margin of exposure (safety)
is necessary to protect infants and children and that not adding any
additional margin of exposure (safety) will be safe for infants and
children.
    Therefore, based on the discussion in Units III and IV, EPA
concludes that there is a reasonable certainty that no harm will result
to the U.S. population, including infants and children, from aggregate
exposure to the residues of spinach defensin proteins SoD2 and SoD7 in
citrus, when it is used as a plant-incorporated protectant. Such
exposure includes all anticipated dietary exposures and all other
exposures for which there is reliable information. The Agency has
arrived at this conclusion based on a lack of toxicity and
allergenicity of the SoD2 and SoD7 proteins.

VII. Other Considerations

A. Endocrine Disruptors

    The pesticidal active ingredient is a protein, derived from a
source that is not known to exert an influence on the endocrine system.
Therefore, the Agency is not requiring information on the endocrine
effects of the plant-incorporated protectant at this time.

B. Analytical Enforcement Methodology

    A standard operating procedure for an enzyme-linked immunosorbent
assay for the detection and quantification of spinach defensin proteins
SoD2 and SoD7 in citrus plant tissue has been judged useful for its
intended purpose.

C. Response to Comments

    EPA received one comment relevant to this petition. The comment
supports this tolerance exemption and therefore warrants no response.

VIII. Conclusion

    The Agency concludes that there is a reasonable certainty that no
harm will result to the U.S. population, including infants and
children, from aggregate exposure residues of spinach defensin SoD2 and
SoD7 proteins in or on citrus. This includes all anticipated dietary
exposures and all other exposures for which there is reliable
information. The Agency has arrived at this conclusion because, as
discussed previously no toxicity to mammals has been observed, nor is
there any indication of allergenicity potential for the plant-
incorporated protectant.
    Therefore, an exemption is established for residues of spinach
defensin SoD2 and SoD7 proteins in or on citrus when the protein is
used as a PIP in citrus plants.

IX. Statutory and Executive Order Reviews

    This action establishes a temporary exemption from the requirement
of a tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemption in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

X. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 174

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: April 28, 2015.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 174--[AMENDED]

0
1. The authority citation for part 174 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Add Sec.  174.535 to subpart W to read as follows:

Sec.  174.535  Spinach Defensin proteins; temporary exemption from the
requirement of a tolerance.

    (a) Residues of the defensin protein SoD2 derived from spinach
(Spinacia oleracea L.) in or on citrus food commodities are temporarily
exempt from the requirement of a tolerance when used as a plant-
incorporated protectant in citrus plants in accordance with the terms
of Experimental Use Permit No. 88232-EUP-1. This temporary exemption
from the requirement of a tolerance expires on April 18, 2018.
    (b) Residues of the defensin protein SoD7 derived from spinach
(Spinacia oleracea L.) in or on citrus food commodities are temporarily
exempt from the requirement of a tolerance when used as a plant-
incorporated protectant in citrus plants in accordance with the terms
of Experimental Use Permit No. 88232-EUP-1. This temporary exemption
from the requirement of a tolerance expires on April 18, 2018.

[FR Doc. 2015-10486 Filed 5-5-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Proposed Rules]
[Pages 50596-50597]
[FR Doc No: 2017-23252]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0801; Airspace Docket No. 17-ASO-17]

Proposed Amendment of Class E Airspace, Greenville, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E surface airspace at
Greenville, NC, by removing Pitt County Memorial Hospital Heliport from
the Class E surface area airspace associated with Pitt-Greenville
Airport. Helicopters departing from the heliport must now receive
clearance. Consequently, the cut out from Class E surface airspace is
no longer required. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations at the airport.
This action also would update the geographic coordinates of the airport
under Class E surface airspace and Class E airspace extending upward
from 700 feet or more above the surface of the earth, to coincide with
the FAAs aeronautical database.

DATES: Comments must be received on or before December 18, 2017.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Bldg. Ground Floor, Rm W12-140, Washington, DC 20590; Telephone: 1-
(800) 647-5527, or<PHONE_NUMBER>. You must identify the Docket No.
FAA-2017-0801; Airspace Docket No. 17-ASO-17, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov. You may review the public
docket containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between 9:00 a.m. and 5:00
p.m., Monday through Friday, except federal holidays.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Pitt-Greenville Airport,
Greenville, NC to support IFR operation at the airport.

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers and be submitted
in triplicate to the address listed above. You may also submit comments
through the Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2017-0801; Airspace Docket No. 17-ASO-17.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class E surface airspace within a
4.4-mile radius of Pitt-Greenville Airport, Greenville, NC. The Pitt
County Memorial Hospital Heliport no longer requires the southwest area
below 200 feet from the airport for departures from the heliport. This
action is for continued safety and management of IFR operations at the
airport. The geographic coordinates of the airport also would be
adjusted to coincide with the FAA's aeronautical database.
    Class E airspace designations are published in Paragraphs 6002 and
6005, respectively, of FAA Order 7400.11B, dated August 3, 201B, and
effective September 15, 201B, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, and effective September 15, 2017, is
amended as follows:

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

ASO NC E2 Greenville, NC [Amended]

Pitt-Greenville Airport, NC
    (Lat. 35[deg]38'09'' N., long. 77[deg]23'03'' W.)

    Within a 4.4-mile radius of the Pitt-Greenville Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO NC E5 Greenville, NC [Amended]

Pitt-Greenville Airport, NC
    (Lat. 35[deg]38'09'' N., long. 77[deg]23'03'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Pitt-Greenville Airport.

    Issued in College Park, Georgia, on October 18, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2017-23252 Filed 10-31-17; 8:45 am]
BILLING CODE 4910-13-P