[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25811-25813]
[DOCID:fr07my08-139]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57747; File No. SR-CBOE-2008-49]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to Off-Floor LMMs

April 30, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 24, 2008, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend CBOE rules relating to Lead Market-
Makers (``LMMs''). The text of the proposed rule change is available on
the Exchange's Web site (http://www.cboe.org/Legal), at the Exchange's
Office of the Secretary and at the Commission.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of 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
    Last year, CBOE amended its rules to provide Designated Primary
Market-Makers (``DPMs'') with the flexibility to operate remotely away
from CBOE's trading floor as a so-called ``Off-Floor DPM.'' \5\ CBOE is
now proposing to provide LMMs with the same flexibility to operate
remotely away from CBOE's trading floor. Specifically, CBOE proposes to
amend Rule 8.15A, Lead Market-Makers in Hybrid Classes, to provide the
following:
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    \5\ See Securities Exchange Act Release No. 55531 (March 26,
2007), 72 FR 15736 (April 2, 2007) (SR-CBOE-2006-94). See also
Securities Exchange Act Release No. 57568 (March 26, 2008), 73 FR
18016 (April 2, 2008) (SR-CBOE-2008-32) (immediately effective rule
change expanding the Off-Floor DPM program, which had originally
been limited to equity option classes to include all option classes
traded on the Hybrid Trading System and Hybrid 2.0 Platform
(collectively ``Hybrid'')).
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     An LMM generally will operate on CBOE's trading floor
(``On-Floor LMM''). However, an LMM can request that the Exchange
authorize the LMM to function remotely away from CBOE's trading floor
(``Off-Floor LMM'') on a class-by-class basis.
     An LMM can request that the Exchange authorize it to
operate as an Off-Floor LMM in one or more Hybrid classes. The Exchange
will consider the factors specified in Rule 8.15A(a)(i)(A),\6\ as well
as the factors applicable to Off-Floor DPMs specified in paragraph (g)
of Rule 8.83, Approval to Act as a DPM,\7\ in determining whether to
permit an LMM to operate as an Off-Floor LMM. If an LMM is approved to
operate as an Off-Floor LMM in one or more Hybrid classes, the Off-
Floor LMM can have an LMM designee trade in open outcry in the option
classes allocated to the Off-Floor LMM, but the Off-Floor LMM shall not
receive a participation entitlement under Rule 8.15B, Participation
Entitlement of LMMs, with respect to orders represented in open
outcry.\8\
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    \6\ CBOE Rule 8.15A(a)(i) provides that the factors to be
considered in selecting LMMs include: Adequacy of capital;
experience in trading index options or options on ETFs; presence in
the trading crowd; adherence to CBOE Rules; and ability to meet the
obligations specified in the Rule. An individual may be appointed as
an LMM for one expiration month at a time. When individual members
are associated with one or more other members, only one member may
receive an LMM appointment.
    \7\ CBOE Rule 8.83(g) provides that the factors to be considered
in determining whether to permit a DPM to operate as an Off-Floor
DPM include, but are not limited to, any one or more of the
following: (i) Adequacy of capital; (ii) operational capacity; (iii)
trading experience of and observance of generally accepted standards
of conduct by the applicant, its associated persons, and the DPM
Designees who will represent the applicant in its capacity as a DPM;
(iv) number and experience of support personnel of the applicant who
will be performing functions related to the applicant's DPM
business; (v) regulatory history of and history of adherence to CBOE
Rules by the applicant, its associated persons, and the DPM
Designees who will represent the applicant in its capacity as a DPM;
(vi) willingness and ability of the applicant to promote the
Exchange as a marketplace; (vii) performance evaluations conducted
pursuant to CBOE Rule 8.60, Evaluation of Trading Crowd Performance;
and (viii) in the event that one or more shareholders, directors,
officers, partners, managers, members, DPM Designees, or other
principals of an applicant is or has previously been a shareholder,
director, officer, partner, manager, member, DPM Designee, or other
principal in another DPM, adherence by such DPM to the requirements
set forth in Section C of Chapter VIII of the CBOE Rules respecting
DPM responsibilities and obligations during the time period in which
such person(s) held such position(s) with the DPM.
    \8\ In addition to the changes to CBOE Rule 8.15A, CBOE is
proposing related updates to paragraph (b) of CBOE Rule 8.15B,
Participation Entitlement of LMMs, and subparagraphs (d)(v) and
(vii) of CBOE Rule 6.74, Crossing Orders.
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     An LMM that is approved to operate as an Off-Floor LMM in
one or more Hybrid classes can request that the Exchange authorize it
to operate as an On-Floor LMM in those option classes. In making a
determination pursuant to this paragraph, the Exchange should evaluate
whether the change is in the best interests of the Exchange, and may

consider any information that it believes will be of assistance to it.
Factors to be considered may include, but are not limited to,
performance, operational capacity of the Exchange or LMM, efficiency,
number and experience of personnel of the LMM who will be performing
functions related to the trading of the applicable securities, number
of securities involved, number of Market-Makers affected, and trading
volume of the securities.\9\
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    \9\ These proposed On-/Off-Floor LMM provisions are
substantially similar to the corresponding provisions for On-/Off-
Floor DPMs in paragraphs (g) and .01 to CBOE Rule 8.83.
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     In addition, CBOE is proposing to include a requirement
that, as part of a pilot program until March 14, 2009, an Off-Floor LMM
not allow more than one Market-Maker affiliated with the Off-Floor LMM
to trade on CBOE's trading floor in any specific option class allocated
to the Off-Floor LMM and provided such Market-Maker is trading on a
separate membership (absent the pilot program, an Off-Floor LMM may not
allow any Market-Makers affiliated with the Off-Floor LMM to trade on
CBOE's trading floor in any class allocated to the Off-Floor LMM) and
provided the Off-Floor LMM does not have an LMM designee trading in
open outcry in the option classes allocated to the Off-Floor LMM.\10\
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    \10\ This provision is substantially similar to an existing
provision in CBOE's rules respecting Off-Floor DPM obligations. See
paragraph (a)(v) of CBOE Rule 8.85, DPM Obligations. CBOE is
proposing a related cross-reference update to paragraph (c)(vii)(1)
of CBOE Rule 8.3.
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    Lastly, CBOE is proposing to update the LMM obligations listed in
Rule 8.15A to include a requirement that, subject to paragraph (d) of
Rule 54.7, General Prohibitions (under the CBOE Stock Exchange Rules),
LMMs in Hybrid classes (whether On-Floor or Off-Floor) maintain
information barriers that are reasonably designed to prevent the misuse
of material, non-public information with any affiliates that may
conduct a brokerage business in option classes allocated to the LMM or
act as specialist or Market-Maker in any security underlying options
allocated to the LMM, and otherwise comply with the requirements of
Rule 4.18, Prevention of the Misuse of Material, Non-Public
Information.\11\
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    \11\ This language is substantially similar to existing language
in CBOE's rules respecting e-DPM obligations. See paragraph (x) of
CBOE Rule 8.93, e-DPM Obligations. In addition, the Exchange is
proposing to modify CBOE Rule 8.15A to make clear that the rule
applies to Hybrid Trading System and Hybrid 2.0 Platform option
classes.
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    By permitting an LMM to function as an Off-Floor LMM, CBOE believes
that the rule change provides more flexibility to a member organization
that may wish to function remotely, and provides more flexibility to
CBOE when allocating option classes to the best applicant. It also
removes a potential operational dilemma for a Market-Maker that
functions as a DPM in some classes and an LMM in others, but that would
like to function remotely away from the trading floor as a DPM/LMM in
all of its option classes. Accordingly, CBOE believes that the proposed
rule change is designed to promote just and equitable principles of
trade.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act.\12\ Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) Act \13\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and, in general, to protect investors and the public
interest.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule 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, provided that the self-regulatory organization
has given 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,\14\ the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-4(f)(6)
thereunder.\16\ At any time within 60 days of the filing of such
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \14\ CBOE fulfilled this requirement.
    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
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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-CBOE-2008-49 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CBOE-2008-49. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal

office of the CBOE. 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-CBOE-2008-49 and should be submitted on or before May 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-10023 Filed 5-6-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Notices]
[Page 61040]
[DOCID:fr17oc06-86]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EG06-51-000; EG06-63-000; EG06-64-000; EG06-65-000; EG06-
66-000; FC06-14-000]

SAF Hydroelectric LLC; COSI ACE, LLC; Mesquite Wind, LLC; FPL
Energy Mower County, LLC; Scurry County Wind L.P.; J-Power USA
Investment Co., Ltd. ; Notice of Effectiveness of Exempt Wholesale
Generator or Foreign Utility Company Status

October 11, 2006.
    Take notice that during the month of September 2006, the status of
the above-captioned entities as Exempt Wholesale Generators or Foreign
Utility Companies became effective by operation of the Commission's
regulations. 18 CFR 366.7(a).

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17203 Filed 10-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Notices]
[Page 30990-30992]
[DOCID:fr29my08-134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57842; File No. SR-NASDAQ-2008-031]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Amend Rule 4350 Related to
the Direct Registration Programs

May 20, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 1, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change described in Items I, II, and III below, which items have
been prepared primarily by Nasdaq. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify the requirement for a foreign private
issuer to be eligible to rely on an exception to the requirement to
participate in a Direct Registration Program and to clarify the
applicability of the requirement to book-entry-only securities. Nasdaq
will implement the proposed change related to book-entry-only
securities immediately upon approval and the proposed change affecting
foreign private issuers on March 31, 2009.
    The text of the proposed rule change is below. Proposed new
language is in italicized; proposed deletions are in brackets.\3\
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    \3\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://nasdaq.complinet.com.
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Rule 4350. Qualitative Listing Requirements for Nasdaq Issuers Except
for Limited Partnerships

(a) Applicability
    (1) Foreign Private Issuers. A foreign private issuer may follow
its home country practice in lieu of the requirements of Rule 4350,
provided, however, that such an issuer shall: Comply with Rules
4350(b)(1)(B), 4350(j) and 4350(m), have an audit committee that
satisfies Rule 4350(d)(3), and ensure that such audit committee's
members meet the independence requirement in Rule 4350(d)(2)(A)(ii). In
addition, a foreign private issuer must be eligible to participate in a
Direct Registration Program, as required by Rule 4350(l), unless
prohibited from complying by a law or regulation in its home country. A
foreign private issuer that follows a home country practice in lieu of
one or more provisions of Rule 4350 shall disclose in either its annual
reports filed with the Commission or on its website each requirement of
Rule 4350 that it does not follow and shall describe the home country
practice followed by the issuer in lieu of such requirements. In
addition, a foreign private issuer making its initial public offering
or first U.S. listing on Nasdaq shall make the same disclosures in
either its registration statement or on its website.
    (2)--(5) No change.
    (b)--(k) No change.
(l) Direct Registration Program
    (1) All securities initially listing on Nasdaq on or after January
1, 2007, must be eligible for a Direct Registration Program operated by
a clearing agency registered under Section 17A of the Exchange Act.
This provision does not extend to: (i) Additional classes of securities
of companies which already have securities listed on Nasdaq; (ii)
companies which immediately prior to such listing had securities listed
on another registered securities exchange in the U.S; or, (iii) [non-
equity] securities which are book-entry-only.
    (2)(A) Except as indicated in paragraph (2)(B) below, on [On] and
after March 31, 2008, all securities listed on Nasdaq (except [non-
equity] securities which are book-entry-only) must be eligible for a
Direct Registration Program operated by a clearing agency registered
under Section 17A of the Exchange Act.
    (B) Until March 31, 2009, a foreign private issuer may follow its
home country practice in lieu of the requirements of this Rule 4350(l),
provided, however, that such an issuer must follow the requirements of
Rule 4350(a) and IM-4350-6 for doing so. Thereafter, the listed
securities of such issuers (except securities which are book-entry-
only) must be eligible for a Direct Registration Program operated by a
clearing agency registered under Section 17A of the Exchange Act unless
prohibited from complying by a law or regulation in its home country.
    (3) No change.
    (m)-(n) No change.

IM 4350-6 Applicability

    1. Foreign Private Issuer Exception and Disclosure. A foreign
private issuer (as defined in Rule 3b-4 under the Exchange Act) listed
on Nasdaq may follow the practice in such issuer's home country (as
defined in General Instruction F of Form 20-F) in lieu of some of the
provisions of Rule 4350, subject to several important exceptions.
First, such an issuer shall comply with Rule 4350(b)(1)(B) (Disclosure
of Going Concern Opinion), Rule 4350(j) (Listing Agreement) and Rule
4350(m) (Notification of Material Noncompliance). Second, such an
issuer shall have an audit committee that satisfies Rule 4350(d)(3).
Third, members of such audit committee shall meet the criteria for
independence referenced in Rule 4350(d)(2)(A)(ii) (the criteria set
forth in Rule 10A-3(b)(1), subject to the exemptions provided in Rule
10A-3(c) under the Exchange Act). Fourth, a foreign private issuer must
comply with Rule 4350(l) (Direct Registration Program) unless
prohibited from complying by a law or regulation in its home country.
Finally, a foreign private issuer that elects to follow home

country practice in lieu of a requirement of Rule 4350 shall submit to
Nasdaq a written statement from an independent counsel in such issuer's
home country certifying that the issuer's practices are not prohibited
by the home country's laws and, in the case of a company prohibited
from complying with Rule 4350(l), certifying that a law or regulation
in the home country prohibits such compliance. In the case of new
listings, this certification is required at the time of listing. For
existing issuers, the certification is required at the time the company
seeks to adopt its first non-compliant practice. In the interest of
transparency, the rule requires a foreign private issuer to make
appropriate disclosures in the issuer's annual filings with the
Commission (typically Form20-F or 40-F), and at the time of the
issuer's original listing in the United States, if that listing is on
Nasdaq, in its registration statement (typically Form F-1, 20-F, or 40-
F); alternatively, the issuer may provide these disclosures in English
on its website. The issuer shall disclose each requirement of Rule 4350
that it does not follow and include a brief statement of the home
country practice the issuer follows in lieu of the requirements of Rule
4350. If the disclosure is only available on the website, the annual
report and registration statement should so state and provide the web
address at which the information may be obtained.
    2.-4. No change.
* * * * *

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in sections
(A), (B), and (C) below, of the most significant aspects of these
statements.\4\
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    \4\ The Commission has modified portions of the text of the
summaries prepared by the Nasdaq.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

(1) Purpose
    Nasdaq proposes to modify the requirements related to its Direct
Registration Program rule to provide that the requirement to be
eligible to participate in a Direct Registration Program applies to a
foreign private issuer, unless the law or regulations in the company's
home country prohibit compliance with the requirement, and to clarify
the application of the requirement to securities held in book-entry-
only form.
    Nasdaq's rule permits a foreign private issuer to follow its home
country practice in lieu of certain requirements of Rule 4350,
including the requirement that securities be eligible to participate in
a Direct Registration Program. Nasdaq proposes to modify this
requirement so that a foreign private issuer could only follow its home
country practice with respect to the requirement that securities be
eligible to participate in a Direct Registration Program if the issuer
is prohibited from complying with this requirement by the laws or
regulations in the issuer's home country. In order to assure that
foreign private issuers have adequate time to take necessary actions to
come into compliance with the proposed rule, Nasdaq proposes that until
March 31, 2009, such issuers can continue to rely on the prior version
of the exception to this requirement.
    In addition, Nasdaq's rule excludes from the requirement to be
eligible to participate in a Direct Registration Program ``non-equity
securities which are book-entry-only.'' Nasdaq proposes to modify this
requirement to exclude all book-entry-only securities because ownership
of such securities is already recorded only on the books and records of
the issuer and are not held in certificated form. As such, these
securities would already avail themselves of the advantages that the
Direct Registration Program is designed to promote. If a security
ceases to be book-entry-only, that security would then be required to
be eligible to participate in a Direct Registration Program.
(2) Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(5) of the Act, in particular, in that the proposal is designed to,
among other things, prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public
interest.\6\ The proposed rule change modifies Nasdaq's rules relating
to the Direct Registration Programs to require a foreign private issuer
to comply with the Nasdaq's rules unless the foreign private issuer is
prohibited from doing so and to exclude from the proposed requirement
securities that are book-entry-only and therefore already enjoy the
same benefits of a Direct Registration System.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Nasdaq 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, as amended.

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

    Written comments were neither solicited nor received.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period: (i) As the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding; or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number S-NASDAQ-2008-031 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary,

Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-1090.

All submissions should refer to File Number SR-NASDAQ-2008-031. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section, 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 filings also will be available for
inspection and copying at the principal office of Nasdaq and on
Nasdaq's Web site, http://www.nasdaq.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2008-031 and should be submitted
on or before June 19, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E8-11940 Filed 5-28-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Pages 66712-66713]
[FR Doc No: 2011-27762]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2302-003.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits Notice of
Non-Material Change in Status.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5072.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER11-4307-000.
    Applicants: Green Mountain Energy Company.
    Description: Supplement to Market Power Analysis of Green Mountain
Energy Company.
    Filed Date: 10/06/2011.
    Accession Number: 20111006-5153.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 27, 2011.

    Docket Numbers: ER11-4308-000.
    Applicants: Reliant Energy Northeast LLC.
    Description: Supplement to Market Power Analysis of Reliant Energy
Northeast LLC.
    Filed Date: 10/06/2011.
    Accession Number: 20111006-5152.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 27, 2011.

    Docket Numbers: ER11-4600-001.
    Applicants: Moguai Energy LLC.
    Description: Moguai Energy LLC submits tariff filing per 35:
Revised MBR 10132011 to be effective 9/22/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5018.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-103-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: LGIA Desert Stateline Project, Desert
Stateline, LLC to be effective 10/19/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5024.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-104-000.
    Applicants: WFM Intermediary New England, LLC.
    Description: WFM Intermediary New England, LLC submits tariff
filing per 35.15: Cancellation of Tariff to be effective 10/18/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5025.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-105-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company submits tariff
filing per 35.13(a)(2)(iii: 2011-10-18--SPS-RBEC-GSEC-Const Agrmt 649-
SPS to be effective 10/7/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5035.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-106-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: LGIA Silver State South Solar Project, LLC-
Silver State Solar Power South, LLC to be effective 10/19/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5037.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-107-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Queue No. W3-108; Original Service Agreement No. 3077
to be effective 9/19/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5039.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-108-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Queue No. X1-054; Original Service Agreement No. 3078
to be effective 9/19/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5040.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-109-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii: Multiple Non-conforming service agreements
pursuant to the APS OATT to be effective 12/17/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5063.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-110-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii: Multiple Rate Schedules pursuant to Section 205 of
the FPA to be effective 12/17/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5066.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-111-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits tariff filing per
35.13(a)(2)(iii: Service Agreement No. 609--Western Area Power
Administration to be effective 10/19/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5081.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-112-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per
35.13(a)(2)(iii: Entergy/AMEREN/AECI 3-Party Agreement to be effective
12/18/2011.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5085.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

    Docket Numbers: ER12-113-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: 10-18-11 GFA 368 Correction
to be effective 7/28/2010.
    Filed Date: 10/18/2011.
    Accession Number: 20111018-5096.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 8, 2011.

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

    Dated: October 19, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-27762 Filed 10-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31534-31535]
[FR Doc No: 2018-14503]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC18-114-000.
    Applicants: The Dow Chemical Company, Union Carbide Corporation,
Spruance Genco, LLC, E. I. du Pont de Nemours and Company, Dow Pipeline
Company.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Waivers of The Dow Chemical Company.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5104.
    Comments Due: 5 p.m. ET 7/20/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1521-004; ER10-1520 004; ER10-1522 003.
    Applicants: Occidental Power Marketing, L.P., Occidental Power
Services, Inc., Occidental Chemical Corporation, LLC.
    Description: Updated Market Power Analysis for the Central Region
of the Occidental MBRA Entities.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5149.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER10-1585-013; ER10-1594-013; ER16-733-004; ER10-
1617-013; ER16-1148-004; ER10-1623-005; ER12-60-015; ER10-1632-015;
ER10-1628-013.
    Applicants: Alabama Electric Marketing, LLC, California Electric
Marketing, LLC, LQA, LLC, New Mexico Electric Marketing, LLC, Tenaska
Energ[iacute]a de Mexico, S. de R. L. de C.V., Tenaska Frontier
Partners, Ltd., Tenaska Power Management, LLC, Tenaska Power Services
Co., Texas Electric Marketing, LLC.
    Description: Notification of Change in Status of the Tenaska MBR
Sellers.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5167.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER10-1789-005; ER16-2725-003; ER10-1770-005; ER12-
1250-005; ER10-1771-005; ER16-1925-003; ER16-1924-003; ER16-1926-003;
ER10-1768-005; ER17-2426-001.
    Applicants: PSEG Energy Resources & Trade LLC, PSEG Energy
Solutions LLC, PSEG Fossil LLC, PSEG New Haven LLC, PSEG Nuclear LLC,
PSEG Keys Energy Center LLC, Pavant Solar II LLC, Bison Solar LLC, San
Isabel Solar LLC, Public Service Electric and Gas Company.
    Description: Supplement to May 25, 2018 Notice of Non-Material
Change in Status of the PSEG Affiliates.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5193.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER10-1901-011.
    Applicants: Upper Peninsula Power Company.
    Description: Updated Market Power Analysis of Upper Peninsula Power
Company.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5150.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER10-2074-008; ER10-2097-010; ER10-2507-018.
    Applicants: Kansas City Power & Light Company, KCP&L Greater
Missouri Operations Company, Westar Energy, Inc.
    Description: Triennial Market Power Update for the SPP Region of
the Evergy MBR Affiliates.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5161.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER10-2794-025; ER12-1825 023; ER14-2672 010.
    Applicants: EDF Trading North America, LLC, EDF Energy Services,
LLC, EDF Industrial Power Services (CA), LLC.
    Description: Updated Market Power Analysis for the Central Region
of the EDF Sellers.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5209.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER14-1348-005; ER14-1349-005; ER10-3057-003; ER10-
1810-002; ER10-2950-012.
    Applicants: The Dow Chemical Company, Union Carbide Corporation,
Dow Pipeline Company, E. I. du Pont de Nemours & Company, Spruance
Genco, LLC.
    Description: Triennial Market Power Analysis for the Central Region
of The Dow Chemical Company, et al.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5156.
    Comments Due: 5 p.m. ET 8/28/18.

    Docket Numbers: ER14-1348-006; ER10-1810-003; ER10-2950-013; ER10-
3057-004; ER14-1348-006; ER14-1349-006.
    Applicants: The Dow Chemical Company, Union Carbide Corporation,
Dow Pipeline Company, E. I. du Pont de Nemours & Company, Spruance
Genco, LLC.
    Description: Notification of Non-Material Change-in-Status and
Request for Waiver of The Dow Chemical Company, et al.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5164.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER15-2237-005.
    Applicants: Kanstar Transmission, LLC.
    Description: Compliance filing: Compliance Filing ER15-2237 & El18-
15 to be effective 9/21/2015.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5070.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1880-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp. OATT Attachment
I Revision to be effective 8/1/2018.
    Filed Date: 6/28/18.
    Accession Number: 20180628-5170.
    Comments Due: 5 p.m. ET 7/19/18.

    Docket Numbers: ER18-1881-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2824R4 KMEA & Sunflower
Meter Agent Agreement to be effective 6/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5034.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1882-000.

    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF-FMPA NITSA (SA No. 148)
Amendment (Ft. Meade) to be effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5059.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1883-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Michigan Electric Transmission Company, LLC.
    Description: Sec.  205(d) Rate Filing: 2018-06-29_SA 3132 METC-
Wolverine T-T to be effective 6/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5060.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1884-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Tariff Cancellation: DEF-City of Ft. Meade NITSA (SA
No. 152) Cancellation Filing to be effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5062.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1885-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised SA No. 3518 NITSA
among PJM and LGE/KU to be effective 6/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5072.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1886-000.
    Applicants: Vermont Transco, LLC.
    Description: Compliance filing: compliance 2018 exhibit A to be
effective 7/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5075.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1887-000.
    Applicants: XOOM Energy, LLC.
    Description: Sec.  205(d) Rate Filing: Market-Based Rate Tariff
Revisions to be effective 6/30/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5077.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1888-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Tariff Cancellation: Niagara Mohawk Power Corporation
Notice of Cancellation of Tug Hill Agreement No. 125 to be effective 8/
24/2017.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5088.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1890-000.
    Applicants: Consumers Energy Company.
    Description: Sec.  205(d) Rate Filing: Blackstart Rate Change to be
effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5121.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1891-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: Amendment to REMC NITSA (SA
No. 369) to be effective 7/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5152.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1892-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2900R10 KMEA NITSA NOA to be
effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5154.
    Comments Due: 5 p.m. ET 7/20/18.

    Docket Numbers: ER18-1893-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: Rate Schedule FERC No. 87
Supplement to be effective 9/1/2018.
    Filed Date: 6/29/18.
    Accession Number: 20180629-5163.
    Comments Due: 5 p.m. ET 7/20/18.

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

    Dated: June 29, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-14503 Filed 7-5-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 18, 2008 (Volume 73, Number 223)]
[Notices]
[Page 68473-68478]
[DOCID:fr18no08-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58911; File No. SR-NASDAQ-2008-085]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify the Procedures Applicable to Listed Companies That Are Late in
Filing a Required Periodic Report With the Commission

November 6, 2008.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934

(``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that
on October 30, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been substantially prepared by Nasdaq. Nasdaq has designated the
proposed rule change as effecting a change described under Rule 19b-
4(f)(6) under the Act,\4\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to modify the procedures applicable to listed
companies that are late in filing a required periodic report with the
Commission.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in brackets.\5\
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    \5\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://
nasdaqomx.cchwallstreet.com.
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4802. Purpose and General Provisions
    (a) No change.
    (b) (1) An issuer may file a written request for an exception to
any of the standards set forth in the Rule 4000 Series at any time
during the pendency of a proceeding under the Rule 4800 Series.
    (2)(A) Subject to the limitation in subparagraph (B), below, a [A]
Listing Qualifications Panel may grant exceptions for a period not to
exceed 180 days from the date of the Staff Determination with respect
to the deficiency for which the exception is granted, and the Listing
Council may grant exceptions for a period not to exceed 360 days from
the date of the Staff Determination with respect to the deficiency for
which the exception is granted, in each case where it deems
appropriate.
    (B) In the case of a company that fails to file a periodic report
(e.g., Form 10-K, 10-Q, 20-F, 40-F, or N-CSR), neither a Listing
Qualifications Panel nor the Listing Council may grant an exception for
a period to exceed 360 days from the due date of the first such late
periodic report. The company can regain compliance with the requirement
by filing that periodic report and any other delinquent reports with
due dates falling before the end of the exception period. In
determining whether to grant an exception, and the length of any such
exception, the Panel and Listing Council will consider the company's
specific circumstances, including the likelihood that the filing can be
made within the exception period, the company's past compliance
history, the reasons for the late filing, corporate events that may
occur within the exception period, the company's general financial
status, and the company's disclosures to the market. This review will
be based on information provided by a variety of sources, which may
include the company, its audit committee, its outside auditors, the
staff of the SEC and any other regulatory body.
    (c)-(f) No change.
4803. Staff Review of Deficiency
    (a) Whenever staff of the Listing Department determines that an
issuer does not meet a listing standard set forth in the Rule 4000
Series, staff shall immediately notify the issuer. The issuer shall
make a public announcement through the news media disclosing the
receipt of this notice, including the Rule(s) upon which it was based.
Prior to the release of the public announcement, the issuer shall
provide such disclosure to Nasdaq's Market Watch Department, the
Listing Department, and the Hearings Department. The public
announcement shall be made as promptly as possible, but not more than
four business days following receipt of the notice from the Listing
Department.
    (1) No change.
    (2) In the case of deficiencies from the standards of Rules
4310(c)(14) and 4320(e)(12), staff's notice shall provide the issuer
with 60 calendar days to submit a plan to regain compliance with the
listing standard; provided, however, that the issuer shall not be
provided with an opportunity to submit such a plan if review under the
Rule 4800 Series of a prior Staff Determination (other than a Staff
Determination that serves as a public reprimand letter as described in
Section 4801(k)(2)) with respect to the issuer is already pending.
Staff in the Listing Department may extend this deadline for up to an
additional 15 calendar days upon good cause shown and may request such
additional information from the issuer as is necessary to make a
determination regarding whether to grant such an extension.
    (2)-(3) Renumbered as (3) and (4).
    (b)(1) Unless review under the Rule 4800 Series of a prior Staff
Determination (other than a Staff Determination that serves as a public
reprimand letter as described in Rule 4801(k)(2)) with respect to the
issuer is already pending, the Listing Department may grant the issuer
additional time to regain compliance with a listing standard described
in paragraph (a)(1) and (a)(2). The maximum amount of time that the
Listing Department may provide is described in paragraph (b)(2), below.
Staff in the Listing Department may request such additional information
from the issuer as is necessary to make a determination regarding
whether to grant an exception. [; provided, however, that the
additional time provided by all such exceptions shall not exceed 105
calendar days from the date of staff's notification pursuant to
paragraph (a).] The Listing Department shall prepare a written record
describing the basis for granting any exception, and shall provide the
issuer with written notice as to the terms of the exception. If the
issuer does not regain compliance within the time period provided by
all applicable exceptions, the Listing Department shall immediately
issue a Staff Determination pursuant to Rule 4804(a). If the Listing
Department determines not to grant the issuer additional time to regain
compliance, the Listing Department shall immediately issue a Staff
Determination pursuant to Rule 4804(a) that includes a description of
the basis for denying the exception.
    (2)(A) The maximum additional time provided by all exceptions
granted by the Listing Department for a deficiency described in Rule
4803(a)(1) is 105 calendar days from the date of staff's notification
pursuant to paragraph (a).
    (B) The maximum additional time provided by all exceptions granted
by the Listing Department for a deficiency described in Rule 4803(a)(2)
is 180 calendar days from the due date of the first late periodic
report (as extended by Rule 12b-25, if applicable). In determining
whether to grant an exception, and the length of any such exception,
the Listing Department will consider, and the company should address in
its plan of compliance, the company's specific circumstances, including
the likelihood that the filing can be made within the exception period,
the company's past compliance history, the reasons for the late filing,
corporate events that may occur within the exception period, the
company's general financial status, and the company's disclosures to
the market. This review will be based on information provided by a
variety of sources, which may include the company, its audit committee,
its

outside auditors, the staff of the SEC and any other regulatory body.
* * * * *
4805. Request for Hearing
    (a) An issuer may, within seven calendar days of the date of the
Staff Determination, request either a written or oral hearing to review
the Staff Determination. Requests for hearings should be filed with the
Hearings Department. Subject to the limitation in paragraph (b), a [A]
request for a hearing shall stay the delisting action pending the
issuance of a Panel Decision. If no hearing is requested within the
seven calendar day period, the right to request review is waived, and
the Staff Determination shall take immediate effect. All hearings shall
be held before a Listing Qualifications Panel as described in Rule
4806. All hearings shall be scheduled, to the extent practicable,
within 45 days of the date that the request for hearing is filed, at a
location determined by the Hearings Department. The Hearings Department
shall make an acknowledgment of the issuer's hearing request stating
the date, time, and location of the hearing, and the deadline for
written submissions to the Listing Qualifications Panel. The issuer
shall be provided at least 10 calendar days notice of the hearing
unless the issuer waives such notice.
    (b) A request for a hearing shall ordinarily stay the delisting
action pending the issuance of a Panel Decision. However, if the Staff
Determination relates to deficiencies from the standards of Rules
4310(c)(14) or 4320(e)(12), which require an issuer to timely file its
periodic reports with the Commission, the delisting action will only be
stayed for 15 calendar days from the deadline to request a hearing
unless the issuer specifically requests and the Panel grants a further
stay. A request for a further stay must include an explanation of why
such a stay would be appropriate and should be included in the issuer's
request for a hearing. Based on that submission and any recommendation
provided by staff of the Listing Department, the Panel will determine
whether to grant the issuer a further stay. In determining whether to
grant the stay, the Panel will consider the company's specific
circumstances, including the likelihood that the filing can be made
within any exception period that could subsequently be granted, the
company's past compliance history, the reasons for the late filing,
corporate events that may occur within the exception period, the
company's general financial status, and the company's disclosures to
the market. The Panel will notify the company of its conclusion as soon
as is practicable, but in no event more than 15 calendar days following
the deadline to request the hearing. In the event the Panel determines
not to grant the issuer a stay, the issuer's securities will be
immediately suspended and will remain suspended unless the Panel
Decision issued after the hearing determines to reinstate the
securities.
    (b)-(c) Renumbered as (c) and (d).
* * * * *
4809. Discretionary Review by Nasdaq Board
    (a) A Listing Council Decision or a Panel Decision, in a matter
where the Listing Qualifications Panel has granted the maximum
exception period and the Listing Council is precluded from granting
additional time under Rule 4802(b)(2)(B), may be called for review by
the Nasdaq Board solely upon the request of one or more Directors not
later than the next Nasdaq Board meeting that is 15 calendar days or
more following the date of the Listing Council or Panel Decision. Such
review shall be undertaken solely at the discretion of the Nasdaq Board
and will not operate as a stay of the Listing Council or Panel
Decision, unless the call for review specifies to the contrary. At the
sole discretion of the Nasdaq Board, the call for review of a Listing
Council or Panel Decision may be withdrawn at any time prior to the
issuance of a decision.
    (b) If the Nasdaq Board conducts a discretionary review, the review
generally shall be based on the written record considered by the
Listing Council or Listing Qualifications Panel. However, the Nasdaq
Board may, at its discretion, request and consider additional
information from the issuer and/or from staff of the Listing
Department. If the Board considers additional information, the record
of proceedings before the Nasdaq Board shall be kept by the Nasdaq
Office of Appeals and Review.
    (c) If the Nasdaq Board conducts a discretionary review, the issuer
shall be provided with a written decision that meets the requirements
of Rule 4811. The Nasdaq Board may affirm, modify or reverse the
Listing Council or Panel Decision and may remand the matter to the
Listing Council, Listing Qualifications Panel, or staff of the Listing
Department with appropriate instructions. The decision of the Nasdaq
Board will take immediate effect, unless it specifies to the contrary,
and represents the final action of Nasdaq. If the Nasdaq Board
determines to delist the issuer, the securities of the issuer will be
immediately suspended, unless the Nasdaq Board specifies to the
contrary, and Nasdaq will follow the procedures described in IM-4800
and submit an application on Form 25 to the Commission to strike the
security from listing.
* * * * *

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

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

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

1. Purpose
    Nasdaq proposes to modify its process relating to companies that
are late in filing a required periodic report with the Commission.
    Currently, when a Nasdaq-listed company is late in filing a
required periodic report with the Securities and Exchange Commission or
other appropriate regulatory authority, Nasdaq staff immediately sends
the company a delisting letter pursuant to Nasdaq Rule 4310(c)(14) or
4320(e)(12).\6\ Nasdaq rules do not allow a company any compliance
period to make a late filing and Nasdaq staff does not have the
authority to consider a company's plan to regain compliance or
otherwise grant the company any additional time. While a Nasdaq-listed
company may receive a short ``exception'' to the filing requirement,
such exceptions are only granted by a Listing Qualification Panel after
a hearing and cannot exceed 180 days from the staff's delisting
letter.\7\ If a company cannot file within that period, it typically
would be delisted from Nasdaq \8\ and its securities would

be ineligible to trade on any other exchange or on the OTC Bulletin
Board.
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    \6\ Rule 4310(c)(14) is applicable to domestic and Canadian
issuers. Rule 4320(e)(12) is applicable to non-U.S. companies, other
than Canadian companies.
    \7\ Pursuant to Rule 4805(a), a request for a hearing stays the
security's delisting pending the issuance of a decision by the
Panel.
    \8\ Pursuant to Rule 4807(b), the Nasdaq Listing and Hearing
Review Council (the ``Listing Council'') can call for review a Panel
decision to delist a company for this reason and stay the delisting.
The Listing Council has recently exercised this discretion in
certain late filing cases. Pursuant to Rule 4802(b), the Listing
Council cannot grant an exception for such a company to stay listed
longer than 360 days from the date of the staff's delisting letter.
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    While Nasdaq believes that the availability of timely financial
statements is vitally important for investors, recent changes in the
regulatory environment have made it increasingly difficult for
companies to prepare, obtain auditor review, and file their periodic
financial statements on time. Heightened scrutiny by independent
auditors and increasingly complex technical accounting standards result
in better financial disclosure, but they also may delay the filing
process. Further, when a company does delay its filing, the formal
process required to investigate the underlying issues causing the delay
and, if necessary, to restate its financial statements, can be a
laborious time-consuming process. In these situations, companies often
publish whatever financial information they can and inform investors of
the reasons for the delay. Generally speaking, Nasdaq believes that
delisting a company that is taking all appropriate steps to regain
compliance and file financial statements, while keeping the public
informed, is not in the best interest of the company or its investors.
In addition, Nasdaq has found that receipt of a delisting letter
immediately upon being late in a required filing is disruptive to the
Company and can be misleading to shareholders and prospective
investors.
    As a result, Nasdaq has determined to modify its rules to allow
companies to submit a plan to regain compliance to the staff of the
Listing Qualifications Department and to allow staff to grant the
company up to 180 days from the due date for a periodic report (as
extended by Exchange Act Rule 12b-25, if applicable) to regain
compliance. Nasdaq will notify companies promptly upon determining that
they are delinquent and companies will have to publicly disclose
receipt of that notification both under Nasdaq Rules \9\ and the
Commission's Form 8-K rules.\10\ Nasdaq will also disseminate the fact
that the company is late in filing a periodic report \11\ and the
company will be included on a list of deficient and delinquent
companies on Nasdaq's Web site.\12\
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    \9\ See Rule 4803(a).
    \10\ See Item 3.01(a) of Form 8-K and Instruction 2 thereto.
    \11\ Nasdaq includes an indicator in the daily issue symbol
directory, which notes that the company is delinquent in filing a
periodic report, for data vendors to display on their single
security quotation screens.
    \12\ See http://www.nasdaq.com/services/DelDefOpenReport.pdf.
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    In determining whether to grant a company additional time, staff
will consider the company's specific circumstances, including the
company's past compliance history, the reasons for the late filing,
corporate events that may occur within the exception period, the
company's general financial status, the company's disclosures to the
market, and the likelihood that the filing can be made within the
exception period. This review will be based on information provided by
a variety of sources, which may include the company, its audit
committee, its outside auditors, the staff of the SEC and any other
regulatory body.
    If the company has not regained compliance during any additional
periods granted by the Listing Qualifications Department,\13\ or if
staff determines that it is not appropriate to grant additional time,
the company will receive a delisting notification from Nasdaq staff
and, to avoid being delisted, can request review by a Nasdaq Listing
Qualifications Panel.\14\ Under the proposed rules, such a request will
stay the delisting for 15 calendar days to permit the Panel to make a
determination as to whether a further stay is appropriate.\15\ In the
event the Panel determines not to grant the issuer a further stay, the
issuer's securities will be suspended and will remain suspended unless
the Panel Decision issued after the hearing determines to reinstate the
securities. If the Panel grants the issuer a further stay, that stay
would remain in effect until the Panel issues a Panel Decision, which
could permit the company to remain listed for up to 180 days from the
date of the staff's delisting determination but in no event more than
360 days from the due date of the company's first late filing, or could
deny any further exception and delist the company.
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    \13\ If staff initially grants a company less than 180 days from
the due date of the delinquent periodic report, staff may
subsequently grant additional time, up to the full extent of its
discretion.
    \14\ Nasdaq staff could also terminate an exception based on
superseding events or if the company fails to comply with another
listing requirement during the exception period.
    \15\ The decision to continue the stay may be made by different
panel members than those who ultimately hear the company's appeal at
the hearing. In determining whether to grant the stay, the Panel
will consider the company's specific circumstances, including the
likelihood that the filing can be made within any exception period
that could subsequently be granted, the company's past compliance
history, the reasons for the late filing, corporate events that may
occur within the exception period, the company's general financial
status, and the company's disclosures to the market.
---------------------------------------------------------------------------

    If the staff and the Panel each grant the maximum time available
for the company to regain compliance, the Nasdaq Listing and Hearing
Review Council would be unable to grant any additional time regardless
of whether the company appeals or the Listing Council calls the matter
for review.\16\ In these cases, however, Nasdaq is modifying Rule 4809
to permit the Nasdaq Board of Directors to call the Panel decision for
review, at the Board's sole discretion.\17\ Nasdaq believes that this
modification will help assure that there is an opportunity for
meaningful review of a Panel decision, if the Board believes that it is
appropriate. If, on the other hand, either the staff or the Panel grant
less than the maximum time available for the company to regain
compliance, the company could appeal to the Listing Council or the
Listing Council could call the matter for review, and the Listing
Council could grant an exception for the company to stay listed for up
to 360 days from the date of the staff's delisting letter, but in no
event more than 360 days from the due date of the company's first late
filing.
---------------------------------------------------------------------------

    \16\ Nasdaq does not propose to change the existing rules that
allow a company to appeal such a matter to the Listing Council or
for the Listing Council to call such a matter for review.
Nonetheless, in a situation where the staff and the Panel each
exercise the full extent of their discretion and grant the maximum
time available under the rules, Rule 4802(b)(2)(B) would preclude
the Listing Council from granting any additional time to the company
to regain compliance.
    \17\ If the Nasdaq Board exercises its authority to call a Panel
decision for review, that call for review will not automatically
stay the Panel's decision. If there is a concurrent review of the
Panel decision pending by the Listing Council, whether initiated by
a company appeal or a Listing Council call for review, the Board
will decide whether to permit that review to continue or to assert
sole jurisdiction over the matter.
---------------------------------------------------------------------------

    Nasdaq understands that the Commission is considering additional
changes that may be appropriate to the listing rules of all the Self-
Regulatory Organizations (``SROs'') that would result in substantially
uniform treatment of delinquent filers by all the SROs. Nonetheless,
Nasdaq believes that this interim change is appropriate now and will
significantly reduce an existing burden of Nasdaq's rules on its listed
companies. Nasdaq is committed to working with the Commission in
conjunction with the other SROs to adopt other changes that the
Commission feels appropriate.
Implementation
    Nasdaq proposes to implement the proposed rule immediately for
companies that have not yet received a

delisting notification. Nasdaq proposes no changes to the process for
companies that have already received a delisting notification and
therefore are already in the review process. As such, these companies
can receive a Panel exception for a maximum of 180 days from the date
of the staff's delisting determination. Thereafter, if the Listing
Council calls the matter for review, the Listing Council can stay the
delisting and grant the company an exception for a maximum of 360 days
from the date of the staff's delisting letter.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\18\ in general and with
Sections 6(b)(5) of the Act,\19\ in particular in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change is
designed to remove uncertainty regarding the ability of companies to
remain listed on Nasdaq, thereby protecting investors and removing an
impediment to a free and open market, and provide additional
transparency to Nasdaq's process surrounding delinquent periodic
reports.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days after the date of filing, 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 \20\ and Rule 19b-4(f)(6)
thereunder.\21\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative for 30 days after the date of filing.\22\ However,
Rule 19b-4(f)(6)(iii) \23\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. Nasdaq has requested that the
Commission waive the 30-day operative delay and designate the proposed
rule change to become operative upon filing.
---------------------------------------------------------------------------

    \22\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to give the
Commission written notice of its intent to file the proposed rule
change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. Nasdaq has satisfied this requirement.
    \23\ Id.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change will not allow companies to remain
listed on Nasdaq longer than 360 days from the due date of the first
late annual or quarterly report, the maximum period currently allowed
under Nasdaq rules. While the procedures for issuing delisting notices
for Nasdaq late filers will be changed, as Nasdaq has stated in its
filing, the changes are based on, and similar to, the NYSE's current
procedures for NYSE issuers that are late in filing their annual
report, and do not in any way extend the amount of time a late filer of
both annual and quarterly reports can remain listed on Nasdaq.\24\
Further, consistent with investor protection, under the new rules any
extension of a stay granted by the Nasdaq staff (which cannot exceed
180 days from the due date of the filing), would have to be considered
by an independent panel. Finally, waiving the 30 day operative delay
will allow Nasdaq to apply the proposed change to upcoming company
filings due for the quarter ended September 30, 2008.\25\ Based on the
above, the Commission designates the proposal to become operative upon
filing.
---------------------------------------------------------------------------

    \24\ Unlike Nasdaq, NYSE delisting rules only apply to late
filers of annual reports. See Securities Exchange Act Release No.
51777 (June 2, 2005), 70 FR 33573 (June 8, 2005).
    \25\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the impact of the proposed rule on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-085 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2008-085. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that

you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2008-085 and should be submitted on or before
December 9, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-27250 Filed 11-17-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Notices]
[Page 35813]
[FR Doc No: 2016-13075]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-46]

Petition for Exemption; Summary of Petition Received; Aviation
Systems Engineering Company: Extension

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice: extension.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to extend the comment period
to improve the public's awareness of, and participation in, the FAA's
exemption process. Neither publication of this notice nor the inclusion
or omission of information in the summary is intended to affect the
legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before June 23, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-0481
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Ngo,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 24, 2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2015-0481.
    Petitioner: Aviation Systems Engineering Company.
    Section(s) of 14 CFR Affected: Sec. Sec.  91.119(c) and
91.151(a)(1).
    Description of Relief Sought: The petitioner is seeking relief to
amend Exemption No. 11509 to operate within 500 feet from
nonparticipating persons, as well as relief from the minimum fuel
requirement.

[FR Doc. 2016-13075 Filed 6-2-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12759-12760]
[FR Doc No: 2022-04762]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-0007]

Petition for Expansion of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on July 9, 2020, SMS Rail
Service (SLRS) petitioned the Federal Railroad Administration (FRA) to
expand a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 223 (Safety
Glazing Standards--Locomotives, Passenger Cars and Cabooses). The
relevant FRA Docket Number is FRA-2007-0007.
    Specifically, SLRS requests to expand its existing relief from 49
CFR 223.11, Requirements for existing locomotives, for locomotive SLRS
308, which is currently operated within the Pureland Industrial Park in
Bridgeport, New Jersey. SLRS requests to expand the service area to
include Penn Warner Industrial Park in Morrisville, Pennsylvania. In
support of its request, SLRS states that neither area has a history of
vandalism or broken glass, nor overhead bridges or tunnels.
Additionally, SLRS notes that track speeds are restricted speed not
exceeding 10 miles per hour.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by April 21, 2022 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable. Anyone can search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the comment (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). Under 5 U.S.C. 553(c), the U.S. Department of
Transportation (DOT) solicits comments from the public to better inform
its processes. DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-04762 Filed 3-4-22; 8:45 am]
BILLING CODE 4910-06-P