[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5798-5800]
[FR Doc No: 2016-01922]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76981; File No. SR-NYSEArca-2016-20]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Reflect Changes
to the Investment Strategy for the PowerShares S&P 500[supreg] Downside
Hedged Portfolio

January 28, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 26, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a rule change to reflect changes to the
investment strategy for the PowerShares S&P 500[supreg] Downside Hedged
Portfolio (the ``Fund''). The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Commission previously approved listing and trading on the
Exchange of shares (``Shares'') of the Fund, a series of the
PowerShares Actively Managed Exchange-Traded Fund Trust (the
``Trust''),\4\ under NYSE Arca Equities Rule 8.600, which governs the
listing and trading of Managed Fund Shares. Shares of the Fund have
commenced listing and trading on the Exchange.
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    \4\ See Securities Exchange Act Release No. 68158 (Nov. 5,
2012), 77 FR 67412 (Nov. 9, 2012) (SR-NYSEArca-2012-101) (``Prior
Order''). See also Securities Exchange Act Release No. 67881 (Sept.
18, 2012), 77 FR 58889 (Sept. 24, 2012) (SR-NYSEArca-2012-101)
(``Prior Notice,'' and together with the Prior Order, the ``Prior
Release'').
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    The Shares are offered by the Trust, a statutory trust organized
under the laws of the State of Delaware and registered with the
Commission as an open-end management investment company.\5\ The
investment advisor to the Fund is Invesco PowerShares Capital
Management LLC (the ``Adviser'').
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    \5\ The Trust is registered under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). The Trust intends to file a
prospectus supplement with the Commission or a post-effective
amendment to its registration statement on Form N-1A under the
Securities Act of 1933 (15 U.S.C. 77a) (``Securities Act''), and
under the 1940 Act relating to the Fund (File Nos. 333-147622 and
811-22148) (``Registration Statement'') to reflect the changes
requested in the proposed rule change upon effectiveness of the rule
change. The description of the operation of the Trust and the Fund
herein will be reflected in any such filing. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trust under the1940 Act. See Investment Company Act Release No.
28171 (Feb. 27, 2008) (File No. 812-13386) (``Exemptive Order'').
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    In this proposed rule change, the Exchange proposes to reflect
changes to the investment strategy that the Adviser utilizes in seeking
to achieve the Fund's investment objective, as described below.\6\
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    \6\ The changes described herein will be effective contingent
upon filing of a prospectus supplement or upon effectiveness of the
Trust's most recent post-effective amendment to its Registration
Statement. See note 5, supra. The Adviser represents that the
Adviser will not implement the changes described herein until the
instant proposed rule change is operative.
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    The Prior Release stated that, according to the Registration
Statement, the Fund is an actively managed exchange-traded fund that
will seek to achieve positive total returns in rising or falling
markets that are not directly correlated to broad equity or fixed
income market returns. According to the Registration Statement, the
Fund seeks to achieve its investment objective by using a quantitative,
rules-based investment strategy designed to provide returns that
correspond to the performance of the S&P 500 Dynamic VEQTOR Index (the
``Benchmark''). The Registration Statement also stated that the
allocation among the Fund's investments generally will approximate the
allocation among the components of the Benchmark.
    The Adviser now represents that, rather than employing a
quantitative, rules-based strategy designed to provide returns that
correspond to the performance of the Benchmark, the Fund will use a
quantitative, rules-based strategy that is designed to outperform the
Benchmark rather than match it.
    The Adviser will continue to invest the Fund in the same
instruments as are contained in the Benchmark, as discussed in the
Prior Release. However, the Adviser now represents that the Fund will
use portfolio management strategies in seeking to achieve its
investment objective that allocate the Fund's assets in a manner that
may not correspond to the Benchmark. The Adviser also now represents
that, going forward, the Fund will seek to outperform the Benchmark
rather than match it.
    The Exchange notes that the Prior Release stated that, according to
the Registration Statement, the Fund may invest a portion of its assets
in high-quality money market instruments, cash, and cash equivalents to
provide liquidity, to collateralize its futures contracts investments,
or to track the Benchmark during times when the Benchmark moves its
entire allocation to cash. The Exchange also proposes to change this
representation to state that the Fund may invest a portion of its
assets in high-quality money market instruments, cash, and cash
equivalents to provide liquidity, to collateralize its futures
contracts investments, or during periods of heightened volatility when
the Adviser believes that it is in the best interest of the Fund to do
so. Because the Fund, going forward, would seek to outperform rather
than match the Benchmark, the Fund would no longer utilize high quality
money market instruments, cash and cash equivalents for the purpose of
tracking the Benchmark.
    The Adviser represents that there is no change to the Fund's
investment objective. The Fund will continue to invest in the
securities and financial instruments identified in the Prior

Release and will remain subject to the allocation limitations
identified in the Prior Release.
    Except for the changes noted above, all other facts presented and
representations made in the Prior Release are unchanged.
    The Fund will continue to comply with all initial and continued
listing requirements under NYSE Arca Equities Rule 8.600.
    All terms referenced but not defined herein are defined in the
Prior Release.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \7\ that an exchange have rules that
are 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, in general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices. The proposed
changes to the representations contained in the Prior Release are
limited in scope. The Adviser is changing the representation in the
Prior Release that the Fund will employ a quantitative, rules-based
strategy designed to provide returns that correspond to the performance
of the Benchmark, to a representation that the Fund will use a
quantitative, rules-based strategy that is designed to outperform the
Benchmark rather than seek returns comparable to it.
    The Adviser represents that there is no change to the Fund's
investment objective or to the securities and financial instruments
identified in the Prior Release that the Fund utilizes in seeking to
achieve its investment objective. The Fund's use of such securities and
financial instruments will remain subject to the applicable allocation
limitations identified in the Prior Release. The Fund will continue to
comply with all initial and continued listing requirements under NYSE
Arca Equities Rule 8.600.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Adviser represents that there is no change to the Fund's
investment objective. The Adviser represents that the allocation of the
Fund's portfolio will remain consistent with the allocation limitations
discussed in the Prior Release, and that the Fund may invest in the
same instruments as are contained in the Benchmark, as discussed in the
Prior Release. However, the Adviser now represents that the Fund will
use portfolio management strategies in seeking to achieve its
investment objective that allocate the Fund's assets in a manner that
may not correspond to the Benchmark. The Adviser also now represents
that, going forward, the Fund will seek to outperform the Benchmark
rather than match it.
    As noted above, the Prior Release stated that, according to the
Registration Statement, the Fund may invest a portion of its assets in
high-quality money market instruments, cash, and cash equivalents to
provide liquidity, to collateralize its futures contracts investments,
or to track the Benchmark during times when the Benchmark moves its
entire allocation to cash. The Exchange also proposes to change this
representation to state that the Fund may invest a portion of its
assets in high-quality money market instruments, cash, and cash
equivalents to provide liquidity, to collateralize its futures
contracts investments, or during periods of heightened volatility when
the Adviser believes that it is in the best interest of the Fund to do
so.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that the Fund will continue to comply with all
initial and continued listing requirements under NYSE Arca Equities
Rule 8.600. The proposed rule change will permit the Fund to operate in
a manner similar to other issues of Managed Fund Shares that seek to
outperform an index and will permit continued listing on the Exchange
of the Fund after it begins to utilize the quantitative, rules-based
strategy designed to outperform the Benchmark, which will enhance
competition among issues of Managed Fund Shares currently trading on
the Exchange. Except for the changes noted above, all other
representations made in the Prior Release are unchanged.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change will
permit the Fund to operate in a manner similar to other issues of
Managed Fund Shares that seek to outperform an index and will permit
continued listing on the Exchange of the Fund after it begins to
utilize the quantitative, rules-based strategy designed to outperform
the Benchmark, which will enhance competition among issues of Managed
Fund Shares.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2016-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-20. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-20 and should
be submitted on or before February 24, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-01922 Filed 2-2-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Page 29773]
[FR Doc No: 2020-10714]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Wednesday, May 20, 2020.

PLACE:  The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topic:

    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION:  For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: May 13, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-10714 Filed 5-14-20; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: August 2, 2006 (Volume 71, Number 148)]
[Notices]
[Page 43728]
[DOCID:fr02au06-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application and Soliciting Comments, Motions To
Intervene, and Protests

July 26, 2006.
    a. Type of Application: Shoreline Management Plan.
    b. Project Number: P-487-048.
    c. Date Filed: July 7, 2006.
    d. Applicant: PPL Holtwood, LLC.
    e. Name of Project: Wallenpaupack Hydroelectric Project (FERC No.
487).
    f. Location: The project is located on the Wallenpaupack Creek and
the Lackawaxen River in Pike and Wayne Counties, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a) 825(r)
and 799 and 801.
    h. Applicant Contact: Mr. Gary Petrewski, PPL Generation, LLC, Two
North Ninth Street, Allentown, PA 18101. Phone:<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Chris Yeakel at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: August 25, 2006.
    k. Description of Application: Under article 409 of the project
license, the licensee has filed its proposed shoreline management plan
for Commission approval. The plan incorporates existing standards,
policies, and permitting processes for uses and activities located
within the project boundary. The plan will assist the licensee in
continuing to operate the project and manage the associated lands in
compliance with the license requirements for recreation, safety and
environmental protection while maintaining operational control over the
impoundment for electrical generation. The plan includes a description
of the permitting system for shoreline uses, access and maintenance,
measures for stabilizing erosion, measures for cooperating with the
multiple governing entities surrounding the project and coordinating
adjacent land uses with shoreline uses, and measures for preserving the
aesthetic quality of the shoreline.
    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 (p-487) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail 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
(202) 502-8659. 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,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers (p-487-048). All documents (original and eight
copies) should be filed with: Magalie R. Salas, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. A copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    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.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-12380 Filed 8-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Proposed Rules]
[Page 6336-6337]
[DOCID:fr09fe10-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0706; FRL-9111-6]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Removal of NOX SIP Call Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the State of West Virginia that removes West
Virginia's nitrogen oxides (NOx) SIP Call rules. In the Final Rules
section of this Federal Register, EPA is approving the State's SIP
submittal as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. A detailed rationale for the approval is set forth in
the direct final rule. If no adverse comments are received in response
to this action, no further activity is contemplated. If EPA receives
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.

DATES: Comments must be received in writing by March 11, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0706 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2009-0706, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket=s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0706. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your

name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http:// www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

    Dated: January 22, 2010.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-2674 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Rules and Regulations]
[Pages 40336-40338]
[FR Doc No: 2021-16009]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0477; FRL-8739-02-R9]

Air Plan Approval; California; Placer County Air Pollution
Control District; Open Burning Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Placer County Air Pollution Control
District (PCAPCD) portion of the California State Implementation Plan
(SIP). These revisions concern emissions of oxides of nitrogen
(NOX) and particulate matter (PM) from open burning. We are
approving local rules that regulate these emission sources under the
Clean Air Act (CAA or the Act).

DATES: These rules will be effective on August 27, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0477. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action

IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On February 18, 2021 (86 FR 10225), the EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
           Local Agency                Rule No.              Rule title               Amended        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD............................             301  Nonagricultural Burning and       08/09/2018      11/21/2018
                                                     Smoke Management.
PCAPCD............................             302  Agricultural Waste Burning        08/09/2018      11/21/2018
                                                     Smoke Management.
PCAPCD............................             305  Residential Allowable             10/11/2018      01/31/2019
                                                     Burning.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received five public comments. These comments
were generally supportive of the action and none raised any concerns
with our proposed rule.

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP. The August 9, 2018 versions of Rule 301 and
302 and the October 11, 2018 version of Rule 305 will replace the
previously approved versions of these rules in the SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
PCAPCD rules described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 27, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements.

    Dated: July 16, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(423)(i)(A)(8),
(9), and (10), (c)(527)(i)(C), and (c)(545)(i)(C) to read as follows:

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (423) * * *
    (i) * * *
    (A) * * *
    (8) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(527)(i)(C)(1) of this section, Rule 301 ``Nonagricultural
Burning Smoke Management'', amended on February 9, 2012.
    (9) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(2) of this section and now deleted with replacement in
paragraph (c)(527)(i)(C)(2) of this section, Rule 302 ``Agricultural
Waste Burning Smoke Management'', amended on February 9, 2012.
    (10) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(5) of this section and now deleted with replacement in
paragraph (c)(545)(i)(C)(1) of this section, Rule 305 ``Residential
Allowable Burning'', amended on February 9, 2012.
* * * * *
    (527) * * *
    (i) * * *
    (C) Placer County Air Pollution Control District.
    (1) Rule 301, ``Nonagricultural Burning Smoke Management,'' amended
on August 9, 2018.
    (2) Rule 302, ``Agricultural Waste Burning Smoke Management''
amended on August 9, 2018.
* * * * *
    (545) * * *
    (i) * * *
    (C) Placer County Air Pollution Control District,
    (1) Rule 305, ``Residential Allowable Burning'' amended on October
11, 2018.
    (2) [Reserved]
* * * * *
[FR Doc. 2021-16009 Filed 7-27-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Page 26998]
[FR Doc No: 2020-09662]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-10780; 34-88790; File No. 265-28]

Investor Advisory Committee Meeting

AGENCY: Securities and Exchange Commission.

ACTION: Notice of public meeting of Securities and Exchange Commission
Investor Advisory Committee.

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SUMMARY: The Securities and Exchange Commission Investor Advisory
Committee, established pursuant to Section 911 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act of 2010, is providing notice
that it will hold a public meeting. The public is invited to submit
written statements to the Committee.

DATES: The meeting will be held on Thursday, May 21, 2020 from 10:00
a.m. until 4:00 p.m. (ET). Written statements should be received on or
before May 21, 2020.

ADDRESSES: The meeting will be conducted by remote means and/or at the
Commission's headquarters, 100 F St NE, Washington, DC 20549. The
meeting will be webcast on the Commission's website at www.sec.gov.
Written statements may be submitted by any of the following methods. To
help us process and review your statement more efficiently, please use
only one method. At this time, electronic statements are preferred.

Electronic Statements

    [ssquf] Use the Commission's internet submission form (http://www.sec.gov/rules/other.shtml); or
    [ssquf] Send an email message to<EMAIL_ADDRESS>Please
include File No. 265-28 on the subject line; or

Paper Statements

    [ssquf] Send paper statements to Vanessa A. Countryman, Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.

All submissions should refer to File No. 265-28. This file number
should be included on the subject line if email is used.
    Statements also will be available for website viewing and printing
in the Commission's Public Reference Room, 100 F Street NE, Room 1503,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. For up-to-date information on the availability
of the Public Reference Room, please refer to https://www.sec.gov/fast-answers/answerspublicdocshtm.html or call<PHONE_NUMBER>.
    All statements received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Marc Oorloff Sharma, Chief Counsel,
Office of the Investor Advocate, at<PHONE_NUMBER>, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public,
except during that portion of the meeting reserved for an
administrative work session during lunch. Persons needing special
accommodations to take part because of a disability should notify the
contact person listed in the section above entitled FOR FURTHER
INFORMATION CONTACT.
    The agenda for the meeting includes: Welcome remarks; approval of
previous meeting minutes, discussion of subcommittee recommendations,
panel discussion regarding index funds, a non-public administrative
session, panel discussion regarding credit rating agencies, and
subcommittee reports.

    Dated: May 1, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-09662 Filed 5-5-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5229-5230]
[FR Doc No: 2011-1856]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63752; File No. SR-NYSEAMEX-2011-04]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Criteria for Listing Special Purpose Acquisition Companies (SPACs) To
Provide an Option To Hold a Tender Offer in Lieu of a Shareholder Vote
on a Proposed Acquisition

January 21, 2011.
    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 January 12, 2011, NYSE Amex LLC (``Exchange'' or ``NYSE Amex'')
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 self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Section 119 of the NYSE Amex LLC
Company Guide (the ``Guide'') to amend the criteria for listing
companies that have indicated that their business plan is to engage in
a merger or acquisition with an unidentified company or companies (an
``acquisition vehicle''). The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
http://www.nyse.com.

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

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

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

1. Purpose
    In November 2010, the Exchange adopted a new Section 119 of the
Guide setting forth standards for listing companies whose business plan
was to complete an initial public offering and engage in a merger or
acquisition with an acquisition vehicle.\3\ These listing requirements
included additional protections designed to protect investors from
certain risks unique to this type of company, including that the
acquisition vehicle obtain a vote of shareholders prior to consummating
any acquisition and offer shareholders voting against the acquisition
the ability to redeem their shares in exchange for a pro rata share of
the cash held by the acquisition vehicle.\4\ Similar protections have
been voluntarily adopted by other acquisition vehicles that have not
listed on the Exchange.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 63366 (November 23,
2010), 75 FR 74119 (November 30, 2010) (SR-NYSEAmex-2010-103). Prior
to adopting new Section 119 of the Guide, the Exchange had permitted
certain of such companies to list on the Exchange under Initial
Listing Standards 3 or 4, which do not require prior operating
history, as long as certain protections were provided to investors
in such companies, such as requiring a shareholder vote prior to any
acquisition. The Exchange adopted Section 119 to provide greater
transparency to the listing criteria applicable to such companies.
See id.
    \4\ Section 119 of the Guide also requires that at least 90% of
the gross proceeds from the acquisition vehicle's initial public
offering and any concurrent sale of equity securities must be
deposited in a trust account; that within 36 months of the
effectiveness of the acquisition vehicle's initial public offering
registration statement, the acquisition vehicle must complete one or
more business combinations having an aggregate fair market value of
at least 80% of the value of the deposit account; and that each
business combination must be approved by a majority of the
acquisition vehicle's independent directors.
---------------------------------------------------------------------------

    The Exchange understands that in a number of cases, hedge funds and
other activist investors may have acquired an interest in an
acquisition vehicle and used their ability to vote against a proposed
acquisition as leverage to obtain additional consideration not
available to other shareholders. For example, they may negotiate the
sale of their stake to an affiliate of the acquisition vehicle's
management for a price higher than their pro rata share of the deposit
account. In other cases, the withheld votes may have caused the
proposed acquisition to fail altogether. In order to prevent this type
of ``greenmail,'' recent acquisition vehicles, which went public and
did not list on an exchange, adopted a modified structure under which
they would not seek a vote on the acquisition, unless otherwise
required by law. Instead, these acquisition vehicles would conduct a
redemption offer pursuant to Rule 13e-4 and Regulation 14E under the
Securities Exchange Act of 1934 (the ``Act'') after the public
announcement and prior to the completion of the business combination,
enabling shareholders who are opposed to the transaction to tender
their shares in exchange for a pro rata share of the cash held by the
acquisition vehicle. This is the same outcome available to public
shareholders who vote against the acquisition pursuant to the
Exchange's existing rule.
    Under this new alternative, shareholders would still maintain the
ability to ``vote with their feet'' if they oppose a proposed
transaction and would, as just noted, also obtain their pro rata share
of the acquisition vehicle's cash through the tender offer pursuant to
Rule 13e-4 and Regulation 14E under the Act. As such, the Exchange
believes that the protections provided by the existing rule would
continue to be available. Further, this tender offer alternative would
help prevent shareholders who support the acquisition and elect to
retain their shares from being denied the benefits of the transaction
by the actions of the activist investors. Accordingly, the Exchange
proposes to modify Section 119 of the Guide \5\ to allow an acquisition
vehicle to conduct a tender offer for all shares of all shareholders in
exchange for a pro rata share of the cash held in trust by the
acquisition vehicle in compliance with Rule 13e-4 and Regulation 14E
under the Act instead of soliciting a shareholder vote.
---------------------------------------------------------------------------

    \5\ The amended Section 119 standards are the same as the
amended standards adopted by Nasdaq in IM-5101-2 in December 2010.
See Securities Exchange Act Release No. 63607 (December 23, 2010),
75 FR 82420 (December 30, 2010) (SR-NASDAQ-2010-137).
---------------------------------------------------------------------------

    In addition, the proposed rule change would require an acquisition
vehicle that is not subject to the Commission's proxy rules to conduct
a tender offer for shares in exchange for a pro rata share of the cash
held in trust by the acquisition vehicle in compliance with Rule 13e-4
and Regulation 14E under the Act and provide information similar to
that required by the Commission's proxy rules, even if the acquisition
vehicle seeks a shareholder vote. This change will assure that
investors, in all cases, get comparable information about the proposed
transaction.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b)

of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is 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. The Exchange
believes the proposed rule change is consistent with these requirements
in that it imposes additional requirements on acquisition vehicles,
which are designed to protect investors and the public interest and
prevent fraudulent and manipulative acts and practices on the part of
acquisition vehicles and their promoters.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) \9\ thereunder because
the proposal does not: (i) Significantly affect the protection of
investors or the public interest; (ii) impose any significant burden on
competition; and (iii) by its terms, become operative for 30 days from
the date on which it was filed, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay period. The Commission
hereby grants the request. The Commission notes that the Exchange's
proposal is nearly identical to the rules of another exchange, which
were subject to notice and comment and approved by the Commission.\12\
Therefore, the Commission believes it is consistent with the protection
of investors and the public interest to waive the 30-day operative
delay and designates the proposal as operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See Nasdaq IM-5101-2 and supra note 5.
    \13\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\14\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml;) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2011-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2011-04. 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 Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEAmex-2011-04 and should be submitted on or before February 18,
2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1856 Filed 1-27-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17111-17114]
[FR Doc No: 2012-7086]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0042]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from nineteen
individuals for exemption from the prohibition against persons with
insulin-treated diabetes mellitus (ITDM) operating commercial motor
vehicles (CMVs) in interstate commerce. If granted, the exemptions
would enable these individuals with ITDM to operate CMVs in interstate
commerce.

DATES: Comments must be received on or before April 23, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0042 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The nineteen individuals
listed in this notice have recently requested such an exemption from
the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the required level of safety
mandated by the statutes.

Qualifications of Applicants

Joseph A. Bailey

    Mr. Bailey, age 60, has had ITDM since 2008. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bailey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a Commercial Motor Vehicle (CMV) safely.
Mr. Bailey meets the vision requirements of 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class B Commercial Driver's
License (CDL) from Virginia.

Patrick J. Beasley

    Mr. Beasley, 39, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Beasley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Beasley meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Minnesota.

Tounce H. Gaskin

    Mr. Gaskin, 48, has had ITDM since 2004. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 2 years.
His endocrinologist certifies that Mr. Gaskin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gaskin meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Connecticut.

Joel Gonzalez

    Mr. Gonzalez, 23, has had ITDM since 2007. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gonzalez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gonzalez meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2011 and certified that he does not have diabetic retinopathy.
He holds a Class C operator's license from California.

John G. Hager, Jr.

    Mr. Hager, 57, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hager understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hager meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2011 and certified that he does not have

diabetic retinopathy. He holds a Class B CDL from New Jersey.

Brian R. Hallisey

    Mr. Hallisey, 36, has had ITDM since 1988. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hallisey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hallisey meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Massachusetts.

Charles C. Karver

    Mr. Karver, 60, has had ITDM since 2008. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Karver understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Karver meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Minnesota.

Benjamin Kimbrough, Jr.

    Mr. Kimbrough, 50, has had ITDM since 2006. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kimbrough understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kimbrough meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Kansas.

Kevin T. Kruchan

    Mr. Kruchan, 26, has had ITDM since 1989. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kruchan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kruchan meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Ohio.

Jeffrey J. Lawrie

    Mr. Lawrie, 49, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lawrie understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lawrie meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Ohio.

Raymond Pittman, Jr.

    Mr. Pittman, 52, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pittman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pittman meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Illinois.

Christopher M. Reiman

    Mr. Reiman, 30, has had ITDM since 1985. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Reiman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Reiman meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2011 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Minnesota.

Daniel J. Russell

    Mr. Russell, 39, has had ITDM since 2006. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Russell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Russell meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Ohio.

Donald L. Russell, Jr.

    Mr. Russell, 52, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Russell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Russell meets the
vision requirements of 49 CFR 391.41(b)(10).

His optometrist examined him in 2012 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Maryland.

Robert J. Smith

    Mr. Smith, 51, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2011 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Pennsylvania.

Robert J. Socha

    Mr. Socha, 58, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Socha understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Socha meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2011 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Nebraska.

Brian A. Tatum

    Mr. Tatum, 39, has had ITDM since 1991. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tatum understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tatum meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class D operator's license from Mississippi.

Thomas C. Torbett

    Mr. Torbett, 38, has had ITDM since 1976. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Torbett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Torbett meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2011 and certified that he does not have diabetic retinopathy.
He holds a Class E operator's license from Missouri.

Terry R. Wilker

    Mr. Wilker, 52, has had ITDM since 2009. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wilker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wilker meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Minnesota.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: March 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-7086 Filed 3-22-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Notices]
[Pages 72748-72749]
[FR Doc No: 2023-23351]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a

summary of the substance of any oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing may be viewed
on the Commission's website at http://www.ferc.gov using the eLibrary
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
---------------------------------------------------------------------------

    \1\ Memo dated 10/16/23 with the Shoshone Bannock Tribes.

----------------------------------------------------------------------------------------------------------------
              Docket Nos.                    File date                      Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    NONE...............................
Exempt:
    1. P-2736-046......................         10-16-2023  FERC Staff \1\
----------------------------------------------------------------------------------------------------------------

    Dated: October 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-23351 Filed 10-20-23; 8:45 am]
BILLING CODE 6717-01-P


BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

Joint Application of

SOCIETÉ AIR FRANCE

		and

COMAIR, INC.

for a statement of authorization

(United States-France Blanket Codeshare Authority)

	)

)

)

)

)

)

)

)

)

)

Docket OST-2000-6939

NOTICE OF SOCIETÉ AIR FRANCE AND COMAIR, INC. OF

ADDITIONAL CODESHARE POINTS

Communications with respect to this document should be sent to:

Michael F. Goldman

SILVERBERG, GOLDMAN

  & BIKOFF, L.L.P.

1101 30th Street, N.W., Suite 120

Washington, D.C.  20007

(202) 944-3305

Counsel for

SOCIETÉ AIR FRANCE

	D. Scott Yohe

Senior Vice President -

  Government Affairs

DELTA AIR LINES, INC.

1275 K Street, N.W.

Washington, D.C.  20005

(202) 216-0700

John Varley, Assistant General Counsel

James Coblin, Attorney

DELTA AIR LINES, INC.

Law Department #981

1030 Delta Boulevard

Atlanta, GA  30320

(404) 715-2872

Robert E. Cohn

Alexander Van der Bellen

Shaw Pittman LLP

2300 N Street, N.W.

Washington, D.C.  20037-1128

(202) 663-8060

Counsel for

COMAIR, INC.

February 6, 2002

	BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

Joint Application of

SOCIETÉ AIR FRANCE

		And

COMAIR, INC.

for a statement of authorization

(United States-France Blanket Codeshare Authority)

	)

)

)

)

)

)

)

)

)

)

Docket OST-2000-6939

NOTICE OF SOCIETÉ AIR FRANCE AND COMAIR, INC. OF

ADDITIONAL CODESHARE POINTS

Pursuant to the blanket statement of authorization granted to Comair, Inc. (“Comair”) and Societé Air France (“Air France”) by Department Action dated

March 3, 2000, Air France and Comair hereby notify the Department that Comair plans to display the “AF” designator code of Air France on flights operated by Comair between Cincinnati (CVG) and each of the points listed in Exhibit A.

Respectfully submitted,

/s/ Michael F. Goldman

___________________________________

Michael F. Goldman

SILVERBERG, GOLDMAN

  & BIKOFF, L.L.P.

1101 30th Street, N.W., Suite 120

Washington, D.C.  20007

(202) 944-3305

Counsel for

SOCIETÉ AIR FRANCE

/s/ Robert E. Cohn

________________________________

Robert E. Cohn

Alexander Van der Bellen

Shaw Pittman LLP

2300 N Street, N.W.

Washington, D.C.  20037-1128

(202) 663-8060

Counsel for

COMAIR, INC.

Exhibit A

“AF” Designator To Be Displayed On

Comair Operated Flights Effective March 8, 2002

Cincinnati (CVG) to/from:

Cleveland (CLE)

Columbus (CMH)

Louisville (SDF)

Oklahoma City (OKC)

Orlando (MCO)

Raleigh/Durham (RDU)

Richmond (RIC)

Footnote continued from previous page

Footnote continued on next page


[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Notices]
[Page 1737-1738]
[DOCID:fr13ja09-95]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59210; File No. SR-CBOE-2008-118]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Approval of Proposed Rule Change Related
to Obvious Error Rules

January 7, 2009.
    On November 26, 2008, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend CBOE Rules 6.25 and
24.16 (collectively, the ``Obvious Error Rules'') to adopt procedures
that would allow CBOE to review transactions on its own motion. The
proposed rule change was published for comment in the Federal Register
on December 8, 2008.\3\ The Commission received no comment letters on
the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 59038 (December 2,
2008), 73 FR 74543.
---------------------------------------------------------------------------

    The proposed rule change would provide that, in the interest of
maintaining a fair and orderly market and for the protection of
investors, the President of CBOE or his/her designee, who shall be an
officer of CBOE but may not be a member (collectively ``CBOE
officer''), may, on his or her own motion or upon request, determine to
review any transaction occurring on CBOE that is believed to be
erroneous.\4\ CBOE would nullify or adjust a transaction reviewed
pursuant to this new provision only if it is determined that the
transaction is erroneous as provided in CBOE Rule 6.25(a)(1)-(6) or
Rule 24.16(a)(1)-(6), as applicable.\5\ Trading Officials (or the
senior official in the control room, in the case of opening trades in
CBOE Rule 5.4 restricted series being reviewed under CBOE Rule
6.25(a)(6) or Rule 24.16(a)(6)) may assist the CBOE officer in
reviewing a transaction.
---------------------------------------------------------------------------

    \4\ In the event a party to a transaction requests that the
President or his/her designee review a transaction, the CBOE officer
nonetheless would need to determine, on his or her own motion,
whether to review the transaction. In addition, if a transaction is
reviewed and a determination is rendered pursuant to paragraphs
(b)(1) and (b)(2) of CBOE Rule 6.25 or Rule 24.16, relief shall not
be granted under the new provision of the applicable Obvious Error
Rule.
    \5\ The transaction would be adjusted or nullified in accordance
with the provision under which it is deemed an erroneous
transaction, including consideration of whether the parties involved
are CBOE market-makers, non-CBOE market makers, or customers
pursuant to CBOE Rule 6.25(a)(1)(i)-(iv) and CBOE Rule 24.16(c).
---------------------------------------------------------------------------

    Under the proposed rule change, the CBOE officer would be required
to act as soon as possible after receiving notification of the
transaction, and ordinarily would be expected to act on the same day as
the transaction. However, because a transaction under review may have
occurred near the close of trading or due to unusual circumstances, the
rule provides that the CBOE officer would be required to act no later
than 8:30 a.m. (CT) on the next trading day following the date of the
transaction at issue. A member affected by a determination to nullify
or adjust a transaction pursuant to this new provision would be
permitted to appeal such determination in accordance with Rule 6.25(d)
or Rule 24.16(d); however, a determination by a CBOE officer not to
review a transaction, or a determination not to nullify or adjust a
transaction for which a review was requested or conducted, is not
appealable. Transactions adjusted or nullified pursuant to this new
provision cannot be reviewed by an Obvious Error Panel under paragraph
(c) of Rule 6.25.
    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange \6\ and, in
particular, the requirements of Section 6(b) of the Act \7\ and the
rules and regulations thereunder. Specifically, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\8\ in
that the proposal is designed to promote just and equitable principles
of trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest.
---------------------------------------------------------------------------

    \6\ 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).
    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that, in approving proposals relating to
adjustment or nullification of trades involving obvious errors, it has
stated that the determination of whether an obvious error has occurred
and the process for reviewing such a determination should be based on
specific and objective criteria and subject to specific and objective
procedures.\9\ The Commission notes that the new provisions in the
Obvious Error Rules also have specific and objective procedures for
determining whether a trade should be adjusted or nullified. The
purpose of the new provisions is only to enable a CBOE officer on his/
her own motion or upon request, to provide relief in instances where
parties failed to meet the established time reporting requirements in
CBOE's Obvious Error Rules. The new provisions still require that the
transaction be erroneous as provided in CBOE Rules 6.25 or 24.16, as
applicable, and the new provisions set forth specific time frames and
procedures. Therefore, the Commission believes that that proposed rule
change is appropriate.
---------------------------------------------------------------------------

    \9\ See, e.g., Securities Exchange Act Release Nos. 58778
(October 14, 2008), 73 FR 62577 (October 21, 2008) and 54228 (July
27, 2006), 71 FR 44066 (August 3, 2006) (SR-CBOE-2006-14) (approving
revisions to CBOE's Obvious Error Rules).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change (SR-CBOE-2008-118) is hereby
approved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-461 Filed 1-12-09; 8:45 am]

BILLING CODE 8011-01-P


This media is not available in FDMS. Contact the EPA Docket Center, Public Reading Room to view or receive a copy of this document.  Requests for copies may be made as follows:

In person/writing:

Environmental Protection Agency, Docket Center

1301 Constitution Ave NW, 2822T, Room 3334

Washington, DC. 20004

Telephone:

202-566-1744

Fax:

202-566- 9744

Email:

<EMAIL_ADDRESS>