BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

________________________________________________

90-Day Notice of						)

								)

	REDEMPTION, INC.				)	               Docket 6945

	d/b/a ISLAND AIR SERVICE			)

								)

under 49 U.S.C. § 41734 and 14 C.F.R. 323 of intent	)

to terminate Essential Air Service at 				)

Alitak, Alaska							)

________________________________________________)

90-DAY NOTICE OF REDEMPTION, INC.

d/b/a ISLAND AIR SERVICE OF INTENT

TO TERMINATE ESSENTIAL AIR SERVICE

AT ALITAK, ALASKA

NOTE: 	Objections to this notice of intent to terminate service must be filed on or before September 8, 2005

Communications with respect to this document should be addressed to:

Robert Stanford

President

Redemption, Inc.

d/b/a Island Air Service

P.O. Box 125

Kodiak, AK  99615

(907) 486-6196 (office)

(907) 486-5529 (fax)

August 19, 2005

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

________________________________________________

90-Day Notice of						)

								)

	REDEMPTION, INC.				)	               Docket 6945

	d/b/a ISLAND AIR SERVICE			)

								)

under 49 U.S.C. § 41734 and 14 C.F.R. 323 of intent	)

to terminate Essential Air Service at 				)

Alitak, Alaska							)

________________________________________________)

90-DAY NOTICE OF REDEMPTION, INC.

d/b/a ISLAND AIR SERVICE OF INTENT

TO TERMINATE ESSENTIAL AIR SERVICE

AT ALITAK, ALASKA

Redemption, Inc. d/b/a Island Air Service (“Island Air”) hereby gives 90-days notice, pursuant to 49 U.S.C. § 41734 and 14 C.F.R. 323, of its intent to terminate Essential Air Service (“EAS”) at Alitak, Alaska.

In support of this notice, Island Air states as follows:

Island Air’s principal place of business if P.O. Box 125, Kodiak AK,  99615.

Island Air holds a certificate of public convenience and necessity, authorizing it to engage in scheduled air transportation or persons, property and mail.

Alitak is not served by any other certificated carrier.

Island Air currently provides roundtrip service between Kodiak and Alitak subsidy free three flights per week with Cessna 206 4-passenger aircraft or deHavilland Beaver 6-passenger aircraft on-peak and two flights per week off-peak.

The Department made the most recent EAS determination for Alitak in Order 95-12-4.

Declines in general economic activity and commercial fishing have reduced the traffic to and from Alitak, particularly during the winter.  Island Air can no longer provide air service to Alitak without substantial subsidy.

WHEREFORE: Redemption, Inc. d/b/a Island Air Service gives 90-days notice of its intent to terminate all air service to Alitak, AK on or before November 18, 2005.  Island Air also requests waiver of the provisions of 14 C.F.R. 323 so that it may terminate services as soon as possible.

Respectfully submitted,

Redemption, Inc. d/b/a Island Air Service

_________________________

Robert Stanford, President

August 19, 2005

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing 90-day notice of Redemption, Inc. d/b/a Island Air Service to terminate Essential Air Service at Alitak, AK has been served this date upon the following persons:

Mayor

Village of Alitak

Alitak, AK 99615

(by registered mail)

The Honorable Frank Murkowski

Governor

State of Alaska

P.O. Box 110001

Juneau, AK  99811-0001

(by registered mail)

Regional Director, Central Region

Alaska Department of Transportation

4111 Aviation Avenue

P.O. Box 196900

Anchorage, AK  99519-6900

(by registered mail)

William J. Jones, Esq.

Assistant General Counsel

Transportation Division

U.S. Postal Service

475 L’Enfant Plaza West, S.W.

Washington, D.C.  20260

_________________________

Robert Stanford

August 19, 2005


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]
[Page 36452-36455]
[DOCID:fr25jn10-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-29302; File No. 812-13713]

Pruco Life Insurance Company, et al.; Notice of Application

June 18, 2010.
AGENCY: Securities and Exchange Commission (``SEC'' or ``Commission'').

ACTION: Notice of application for an order under Section 6(c) of the
Investment Company Act of 1940, as amended (the ``Act'' or ``1940
Act'') granting exemptions from the provisions of Sections 2(a)(32),
and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder.

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

Applicants:  Pruco Life Insurance Company (``Pruco Life''), Pruco Life
Insurance Company of New Jersey (``PLNJ,'' and collectively with Pruco
Life, the ``Insurance Companies''), Pruco Life Flexible Premium
Variable Annuity Account (``Pruco Life Account''); Pruco Life of New
Jersey Flexible Premium Variable Annuity Account (``Pruco Life of New
Jersey Account,'' and collectively with Pruco Life Account, the
``Accounts''), and Prudential Annuities Distributors, Inc. (``PAD'',
and collectively with the Insurance Companies, and the Accounts
``Applicants'').
SUMMARY: Summary of Application: Applicants seek an order under Section
6(c) of the Act, exempting them from Sections 2(a)(32), and 27(i)(2)(A)
of the Act and Rule 22c-1 thereunder, to permit the recapture of
credits previously applied to purchase payments under certain variable
flexible premium deferred annuity contracts issued by the Insurance
Companies.

DATES:  Filing Date: The application was filed on November 2, 2009 and
amended on June 18, 2010.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Secretary of the
Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on July 13, 2010, and should be accompanied by
proof of service on Applicants in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the requester's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary of the Commission.

ADDRESSES: Secretary, SEC, 100 F Street, NE., Washington, DC 20549-
1090. Applicants, c/o C. Christopher Sprague, Esq., The Prudential
Insurance Company of America, 751 Broad Street, Newark, NJ 07102.

FOR FURTHER INFORMATION CONTACT: Sally Samuel, Senior Counsel, or Joyce
M. Pickholz, Branch Chief, Office of Insurance Products, Division of
Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/
search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. In this application, Applicants seek the exemptions needed to
recapture purchase credits granted under the Prudential Premier
Retirement Variable Annuity X Series annuity (the ``Contract'') to be
issued by each of Pruco Life and PLNJ, in the circumstances set forth
below. The Contract is a ``bonus annuity'' registered on Form N-4 in
registration statements file nos. 333-162673 and 333-162678. These
Pruco Life and PLNJ registration statements are incorporated by
reference into the application to the extent necessary. These Form N-4
registration statements also describe other annuity classes that do not
offer purchase credits and thus are not the subject of the exemptions
requested in this application. Applicants also ask that the exemptions
requested extend to contracts that are substantially similar in all
material respects to the Contracts (the ``Future Contracts'') issued
through the Accounts or any other separate account of the Insurance
Companies created in the future (a ``Future Account'') to support
Future Contracts.
    2. Pruco Life is a stock life insurance company organized under the
laws of the State of Arizona. PLNJ is a stock life insurance company
organized under the laws of the State of New Jersey. PLNJ is a wholly-
owned subsidiary of Pruco Life, which is itself a wholly-owned
subsidiary of The Prudential Insurance Company of America
(``Prudential''). PAD, an affiliate of Prudential, is the principal
underwriter of the Contract. PAD is registered with the Commission as a
broker-dealer under the Securities Exchange Act of 1934, as amended
(the ``1934 Act'') and is a member of FINRA.
    3. Pruco Life is the issuer of the Contracts funded through Pruco
Life Account and serves as depositor of the Pruco Life Account. PLNJ is
the issuer of the Contracts funded through Pruco Life of New Jersey
Account and serves as depositor of the Pruco Life of New Jersey
Account. Pruco Life and PLNJ may in the future issue Future Contracts
through the Accounts, or through Future Accounts for which they would
also serve as depositor.
    4. Pruco Life Account is a segregated asset account of Pruco Life
(file no. 811-07325), and Pruco Life of New Jersey Account is a
segregated asset account of PLNJ (file no. 811-07975). The respective
Accounts will fund the variable benefits available under the Contracts.
Each Account is registered under the Act as a unit investment trust and
meets the definition of separate account set forth in Section 2(a)(37)
of the Act. The same will be true of any Future Account.
    5. The Contracts are variable flexible premium deferred annuity
contracts. Registered representatives of broker-dealers with which PAD
has entered into selling agreements will sell the Contracts. The
Contracts may be issued on a non-tax qualified basis or in connection
with arrangements that qualify for favorable Federal income tax
treatment under Internal Revenue Code (e.g., IRAs). Certain of the
features and benefits under the Contracts described below may differ,
depending on the State in which the Contract is issued and the broker-
dealer through which the Contract is sold.
    6. A Contract may be purchased with a minimum initial payment of
$10,000. Unless prohibited by applicable State law, the Insurance
Companies presently allow additional purchase payments, provided that
the payment is at least $100 (a $50 minimum is imposed for electronic
fund transfer purchases). The Insurance Companies reserve the right to
change these purchase payment minimums. The Insurance Companies reserve
the right to refuse any initial or additional purchase payment where
the total amount of purchase payments equals $1,000,000 or more with
respect to the Contract and any other annuities the annuity owner is
purchasing from the Insurance Companies and/or their affiliates. The
maximum issue age for a Contract is 80.
    7. The Contract offers variable investment options and a companion
market-value adjustment option that has

been registered on Form S-3 (see file no. 333-162683). The Form S-3 is
incorporated into the application by reference to the extent necessary
for the exemptions requested in the application. Pruco Life will offer
one market value adjustment option with three, five, seven, and ten
year guarantee periods, and may offer guarantee periods of other
durations in the future. Pruco Life also will offer a market value
adjustment option to be used in connection with a dollar-cost averaging
program in which amounts are transferred systematically over a 6-month
or 12-month period. The multi-year market value adjustment option and
6-month/12-month market value adjustment option are registered on a
single Form S-3 registration statement. PLNJ does not intend to offer
these market value adjustment options in New York, but may choose to do
so at a later date. Pruco Life may eliminate any or all of the multi-
year ``guarantee periods,'' or offer guarantee periods of different
durations.
    8. Contract owners may select one of several optional living
benefits. The Contract offers two guaranteed minimum accumulation
benefits, called the Guaranteed Return Option Plus II and Highest Daily
Guaranteed Return Option II, for which each of Pruco Life and PLNJ
imposes a charge equal to 0.60% annually, applied against the account
value in the sub-accounts. The Contract also offers guaranteed lifetime
withdrawal benefits, under which the benefit participant may, subject
to certain limitations, withdraw an ``annual income amount'' each year
for life, irrespective of market-based declines in the Contract's
account value. These guaranteed lifetime withdrawal benefits are: (a)
Highest Daily Lifetime 6 Plus, offered for a charge currently equal to
0.85% assessed against the greater of the Contract's account value or
the ``protected withdrawal value'' under the benefit; (b) Highest Daily
Lifetime 6 Plus with Lifetime Income Accelerator, offered for a charge
currently equal to 1.20% assessed against the greater of the Contract's
account value or the protected withdrawal value under the benefit; and
(c) Spousal Highest Daily Lifetime 6 Plus, offered for a charge
currently equal to 0.95% assessed against the greater of the Contract's
account value or the protected withdrawal value under the benefit. The
Insurance Companies reserve the right to increase the charges for the
optional lifetime guaranteed minimum withdrawal benefits in certain
circumstances. Certain of these optional living benefits may be
modified or not offered, depending on applicable State law.
    9. The minimum death benefit under the Contracts is equal to the
greater of the following: (a) the sum of all purchase payments made
since the issue date of the Contract (excluding any purchase credits)
until the date due proof of death is received, reduced proportionally
by the ratio of the amount of any withdrawal to the account value
immediately prior to the withdrawal; and (b) the ``unadjusted account
value'' (i.e., the account value without any positive or negative
market value adjustment), less the amount of any purchase credits
applied during the period beginning 12 months prior to the decedent's
date of death, and ending on the date we receive due proof of death.
The charge for the minimum death benefit is subsumed within the basic
insurance charge for the Contract, which is equal to 1.85% annually
(assessed against the sub-accounts) during the first 9 annuity years
and 1.30% annually in later annuity years. The Contract offers two
optional death benefits: (a) The Highest Anniversary Value Death
Benefit, under which the death benefit generally is equal to the
greater of (i) the minimum death benefit described above and (ii) the
greatest of the account values attained on each anniversary of the
issue date of the Contract up to and including the earlier of the date
of death or attainment of a ``death benefit target date''; and (b) a
Combination 5% Roll-Up and Highest Anniversary Value Death Benefit,
under which the death benefit generally is equal to the greater of the
minimum death benefit described above, the Highest Anniversary Value
Death Benefit described above, and purchase payments (including
purchase credits) appreciated at an annual effective interest rate
currently equal to 5% until the earlier of the date of death or
attainment of a ``death benefit target date.'' As detailed in the
registration statements for the Contracts, each of the Highest
Anniversary Value Death Benefit and the Combination 5% Roll-Up and
Highest Anniversary Value Death Benefit is adjusted for purchase
payments and withdrawals. Certain of these optional death benefits may
be modified or not offered, depending on applicable State law. Pruco
Life will impose a charge, assessed against sub-account net assets, of
0.80% annually for the Combination 5% Roll-Up and HAV Death Benefit
(this benefit is not offered by PLNJ in New York), and each Insurance
Company will impose a charge, assessed against Sub-account net assets,
of 0.40% annually for the Highest Anniversary Value Death Benefit.
    10. The Contracts provide for a withdrawal charge equal to a
percentage of purchase payments surrendered, which declines according
to the following schedule:

------------------------------------------------------------------------
                                                           Percentage
                                                         applied against
      ``Age'' of purchase payment being withdrawn       purchase payment
                                                         being withdrawn
------------------------------------------------------------------------
Less than one year old................................               9.0
1 year old or older, but not yet 2 years old..........               9.0
2 years old or older, but not yet 3 years old.........               9.0
3 years old or older, but not yet 4 years old.........               9.0
4 years old or older, but not yet 5 years old.........               8.0
5 years old or older, but not yet 6 years old.........               8.0
6 years old or older, but not yet 7 years old.........               8.0
7 years old or older, but not yet 8 years old.........               5.0
8 years old or older, but not yet 9 years old.........               2.5
9 or more years old...................................               0.0
------------------------------------------------------------------------

    11. Some Contracts may offer lower withdrawal charges than what is
indicated above. A ``charge-free'' amount, generally equal to 10% of
all purchase payments currently subject to a contingent deferred sales
charge, is exempt from the above charge. No withdrawal charge is
imposed in any situation where the purchase credit is recaptured.
    12. Other charges under the Contracts are: (a) A mortality, expense
and

administrative risk charge at annual rates of 1.85% in Contract years
1-9 and 1.30% in later Contract years; (b) an annual contract
maintenance charge equal to the lesser of $50 or 2% of the unadjusted
account value (for the PLNJ Contract, the lesser of $30 or 2% of the
account value); (c) in those jurisdictions in which premium taxes are
assessed, a charge to cover these taxes, deducted either at the time
the tax is imposed, upon full surrender of the Contract, or when
annuity payments begin; (d) for each transfer among subaccounts after
the twentieth in a single Contract year, a charge of $10; and (e) the
optional benefits charges discussed above. In addition, the underlying
mutual funds each impose investment management fees and charges for
various other expenses.
    13. Each time an Insurance Company receives a purchase payment
under the Contracts, it will allocate to the contract value a purchase
credit equal to a percentage of each purchase payment received
(hereinafter, a ``Credit''). With respect to purchase payments (of any
amount) received during Contract years 1 through 4, the Credit
percentage will equal 6%, so long as the oldest owner of the Contract
(or the Annuitant, if entity-owned) is younger than 82 at the time the
purchase payment is made. If the oldest owner (or Annuitant, if entity-
owned) of the Contract is aged 82-85 at the time the purchase payment
(of any amount) is made, the Credit percentage will equal 3% during
Contract years 1-4. With respect to purchase payments received on the
fourth anniversary of the Contract's issue date and thereafter,
regardless of the Owner's/Annuitant's age, no Credit will be applied.
Because neither Insurance Company accepts purchase payments after the
oldest owner of the Contract (or the Annuitant, if entity-owned) is
older than 85, there will be no Credits applied in that scenario.
    14. Each Insurance Company may offer a special class of the
Contract (the ``Employee/Agent Contract'') that is identical in all
material respects to the Contract itself, except that: (a) The
Employee/Agent Contract will be offered only to the following class of
purchasers: (i) Current or retired officers, directors, trustees, and
employees (and their immediate families, where ``immediate family''
includes the spouse, children, mother and father of the owner) of
Prudential Financial, Inc. and its affiliates; and (ii) current
employees and registered representatives (and their immediate families)
of any broker-dealer firm that has a selling agreement with PAD; (b)
the Credit under the Employee/Agent Contract will be different; and (c)
a lower (or no) commission will be paid with respect to the Employee/
Agent Contract. The withdrawal charge under the Employee/Agent Contract
will be the same as what is set forth above for the Contract.
    15. With respect to purchase payments (of any amount) received
during years 1 through 4 of the Employee/Agent Contract, the Credit
percentage will equal 9%, so long as the oldest owner of the Employee/
Agent Contract (or Annuitant, if entity-owned) is younger than 82 at
the time the purchase payment is made. If the oldest owner (or
Annuitant, if entity-owned) of the Employee/Agent Contract is aged 82-
85 at the time the purchase payment (of any amount) is made, the Credit
percentage will equal 4.5% during years 1-4 of the Employee/Agent
Contract. With respect to purchase payments received on the fourth
anniversary of the Employee/Agents Contract's issue date and
thereafter, regardless of the owner's age, no Credit will be applied.
Because neither Insurance Company accepts purchase payments under the
Employee/Agent Contract after the oldest owner of the Contract (or the
Annuitant, if entity-owned) is older than 85, there will be no Credits
applied in that scenario. With respect to Employee/Agent Contracts
where a 9% Credit was applied, Applicants represent they will recapture
only an amount equal to 6.5% of the purchase payment to which the 9%
Credit related.
    16. With respect to both the Contracts and the Employee/Agent
Contracts, the Credit will be allocated among the variable investment
options in the same percentages as the purchase payment to which it
relates. Except where indicated specifically, references to the
``Contract'' are intended to include both the Contracts and the
Employee/Agent Contracts, and references to ``Credits'' are intended to
include both Credits granted under the Contracts and Credits granted
under the Employee/Agent Contracts.
    17. Each Insurance Company will fund Credits from its general
account assets. To the extent allowed by applicable State law, each
Insurance Company will recapture Credits under the following
circumstances: (a) If the Contract is canceled under the ``free look''
provision; (b) with respect to Credits granted within the period
beginning 12 months prior to the decedent's date of death and ending on
the date due proof of death is received; and (c) with respect to
Credits granted within 12 months prior to the Insurance Company's
receipt in good order of the exercise of the medically-related
surrender provision of the Contract.
    18. The Contract may be continued by a person who survives the
death of his/her spouse. Neither Insurance Company will recapture any
Credits when the surviving spouse continues the Contract. However, for
the Pruco Life Contract, if the death benefit payable upon the death of
the surviving spouse is equal to the ``unadjusted'' account value
(where ``unadjusted account value'' means account value without the
effect of any market value adjustment), then Pruco Life will recapture
Credits that were applied during the time period that (a) begins 12
months prior to the first-to-die spouse's date of death; and (b) ends
on the date due proof of death of the first-to-die spouse was received.

Applicants' Legal Analysis

    1. Section 6(c) of the Act authorizes the Commission to exempt any
person, security or transaction, or any class or classes of persons,
securities or transactions, from the provisions of the Act and the
rules promulgated thereunder if and to the extent that such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act.
    2. Applicants request that the Commission, pursuant to Section 6(c)
of the Act, issue an order to the extent necessary to permit the
recapture of Credits under the circumstances described above.
Applicants believe that the requested exemptions are appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
    3. Applicants submit that the recapture of the Credits will not
raise concerns under Sections 2(a)(32) and 27(i)(2)(A) of the Act, and
Rule 22c-1 thereunder. The Credits will be recaptured only in the
following instances: (a) If the Contract is canceled under the ``free
look'' provision; (b) with respect to Credits granted within the period
beginning 12 months prior to the decedent's date of death and ending on
the date due proof of death is received; (c) with respect to Credits
granted within 12 months prior to the Insurance Company's receipt in
good order of the exercise of the medically-related surrender provision
of the Contract; and (d) in the case of a spousally-continued Contract,
if the death benefit payable upon the death of the surviving spouse is
equal to the amount detailed above. With respect to Employee/Agent

Contracts where a 9% Credit was applied, Applicants will recapture only
an amount equal to 6.5% of the purchase payment to which the 9% Credit
related. Applicants represent that no withdrawal charge will be
deducted in any instance where a Credit is recaptured.
    4. The amounts recaptured equal the Credit provided by each
Insurance Company from its own general account assets. Applicants argue
that when Insurance Company recaptures the Credit, it is merely
retrieving its own assets, and the owner has not been deprived of a
proportionate share of the Account's assets, because his or her
interest in the Credit amount has not vested. With respect to a Credit
recaptured upon the exercise of the free-look privilege, it would be
unfair to allow an owner exercising that privilege to retain the Credit
under a Contract that has been returned for a refund after a period of
only a few days. If Insurance Company could not recapture the Credit
during the free look period, individuals could purchase a Contract with
no intention of retaining it, and simply return it for a quick profit.
Applicants also note that the Contract owner is entitled to retain any
investment gain attributable to the Credit, even if the Credit is
ultimately recaptured. Furthermore, the recapture of the Credit if
death or a medically-related surrender occurs within 12 months after
receipt of a Credit is designed to provide the Insurance Company with a
measure of protection against ``anti-selection.'' The risk here is that
an owner, with full knowledge of impending death or serious illness,
will make very large payments and thereby leave the Insurance Company
less time to recover the cost of the Credit, to the Insurance Company's
financial detriment.
    5. The recapture of a Credit could be viewed as involving the
redemption of redeemable securities for a price other than one based on
the current net asset value of an Account. The recapture of the Credit
does not involve either of the evils that Rule 22c-1 was intended to
address, namely: (i) The dilution of the value of outstanding
redeemable securities of registered investment companies through their
sale at a price below net asset value or redemption or repurchase at a
price above it; and (ii) other unfair results, including speculative
trading practices. Applicants assert that the proposed recapture of the
Credit does not pose a threat of dilution. To effect a recapture of a
Credit, interests in an owner's account will be redeemed at a price
determined on the basis of the current net asset value. The amount
recaptured will equal the amount of the Credit that the Insurance
Company paid out of its general account assets. Although the owner will
be entitled to retain any investment gain attributable to a Credit, the
amount of that gain will be determined on the basis of current net
asset value. Therefore, no dilution will occur upon the recapture of a
Credit. Applicants also submit that the second harm that Rule 22c-1 was
designed to address, namely speculative trading practices calculated to
take advantage of backward pricing, will not occur as a result of the
recapture of a Credit.
    6. Applicants submit that their request for an order that applies
to any Account or any Future Account established by Pruco Life or PLNJ
in connection with the issuance of Contracts and Future Contracts, and
distributed by PAD is appropriate in the public interest. Such an order
would promote competitiveness in the variable annuity market by
eliminating the need to file redundant exemptive applications, thereby
reducing administrative expenses and maximizing the efficient use of
Applicants' resources. Investors would not receive any benefit or
additional protection by requiring Applicants to repeatedly seek
exemptive relief that would present no issue under the Act that has not
already been addressed in the application. Having Applicants file
additional applications would impair Applicants' ability effectively to
take advantage of business opportunities as they arise.
    7. Applicants undertake that Future Contracts funded by the
Accounts or by Future Accounts that seek to rely on the order issued
pursuant to the application will be substantially similar to the
Contracts in all material respects.

Conclusion

    Applicants submit that their request for an order meets the
standards set out in Section 6(c) of the Act and that an order should,
therefore, be granted.

    For the Commission, by the Division of Investment Management,
under delegated authority.

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15362 Filed 6-24-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Notices]
[Page 48663-48664]
[DOCID:fr11au10-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

August 4, 2010.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC10-83-000.
    Applicants: Southwestern Electric Power Company.
    Description: Southwestern Electric Power Company submits
Application for Approval Under Section 203 of the Federal Power Act,
Request for Expedited Consideration and Request for Confidential
Treatment.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0216.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER01-1099-014; ER02-1406-015; ER99-2928-011.
    Applicants: Cleco Power LLC; Acadia Power Partners, LLC; Cleco
Evangeline LLC.
    Description: Cleco Companies submits revised Simultaneous Import
Limitation data, et al.
    Filed Date: 08/02/2010.
    Accession Number: 20100803-0024.
    Comment Date: 5 p.m. Eastern Time on Monday, August 23, 2010.

    Docket Numbers: ER10-1152-002.
    Applicants: Allegheny Power.
    Description: Allegheny Power submits Sub First Revised Sheet No.
312 et al. to FERC Electric Tariff, Sixth Revised Volume No. 1.
    Filed Date: 07/28/2010.
    Accession Number: 20100728-0210.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 18, 2010.

    Docket Numbers: ER10-1299-002.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc submits amended filing to provide
clarity to and cost support for the agreement.
    Filed Date: 08/03/2010.
    Accession Number: 20100804-0200.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 24, 2010.

    Docket Numbers: ER10-1783-001.
    Applicants: REP Energy LLC.
    Description: REP Energy LLC submits the amended Petition for
Acceptance of Initial Rate Schedule, Waivers and Blanket Authority.
    Filed Date: 07/28/2010.
    Accession Number: 20100729-0205.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 18, 2010.

    Docket Numbers: ER10-1806-001.
    Applicants: AP Holdings, LLC.
    Description: AP Holdings, LLC amends the July 19th Petition by
providing additional information regarding its ownership structure etc.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0214.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2042-001; ER10-1862-001; ER10-1864-001; ER10-
1865-001; ER10-1873-001; ER10-1875-001; ER10-1876-001; ER10-1878-001;
ER10-1883-001; ER10-1884-001; ER10-1885-001; ER10-1888-001; ER10-1938-
001; ER10-1941-001; ER10-1942-001; ER10-1947-001.
    Applicants: Calpine Energy Services, L.P., South Point Energy
Center, LLC, Delta Energy Center, LLC, Geysers Power Company, LLC, Otay
Mesa Energy Center, LLC, Calpine Power America-CA, LLC, Pastoria Energy
Center, LLC, Metcalf Energy Center, LLC, Los Medanos Energy Center LLC,
Los Esteros Critical Energy Facility LLC, Goose Haven Energy Center,
LLC, Gilroy Energy Center, LLC, Creed Energy Center, LLC, Calpine
Gilroy Cogen, L.P., Power Contract Financing, L.L.C., Calpine
Construction Finance Co., L.P.
    Description: Updated Market Power Analysis of Calpine Energy
Services, L.P., et al.
    Filed Date: 07/30/2010.
    Accession Number: 20100730-5263.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2082-000.
    Applicants: National Fuel Resources, Inc.
    Description: National Fuel Resources, Inc submits notice of
cancellation of its FERC Electric Tariff, Original Volume 1, Original
Sheet 1-2, effective 8/1/10.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0208.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2083-000.
    Applicants: POSDEF Power Company, L.P.
    Description: POSDEF Power Company, LP submits Notice of
Cancellation of its market-based rate tariff, FERC Electric Tariff,
First Revised Volume 1, effective 6/30/10.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0207.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2084-000.
    Applicants: New England Power Pool.
    Description: New England Power Pool Participants Committee submits
transmittal letter along with counterpart signature pages of the NEPOOL
Agreement with Choice Energy et al.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0206.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2085-000.
    Applicants: New England Power Company.
    Description: National Grid submits notice canceling the
Interconnection Agreement with Dominion Energy Manchester Street, Inc,
designated as Original Service Agreement No 102, FERC Electric Tariff,
Fourth Revised Volume No. 1.

    Filed Date: 07/30/2010.
    Accession Number: 20100802-0205.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2086-000.
    Applicants: Alta Wind I, LLC.
    Description: Petition of Alta Wind I, LLC for order accepting
market-based rate tariff for filing and granting waivers and blanket
approvals and request for expedited action.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0204.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2087-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corporation submits Notice of
Cancellation of its Coordination Sales Tariff designated as FERC
Electric Tariff, First Revised Volume 5.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0202.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2088-000.
    Applicants: Southern Company Services, Inc.
    Description: Alabama Power Company et al. (Southern Companies)
submits notice of cancellation of its tariff sheet for FERC Electric
Tariff, First Revised Volume 9, Generator Balancing Service.
    Filed Date: 07/30/2010.
    Accession Number: 20100802-0203.
    Comment Date: 5 p.m. Eastern Time on Friday, August 20, 2010.

    Docket Numbers: ER10-2115-000.
    Applicants: Carolina Power & Light Company.
    Description: Notice of Cancellation of Network Integration
Transmission Service Agreement of Carolina Power & Light Company with
Town of Winterville, NC.
    Filed Date: 08/04/2010.
    Accession Number: 20100804-5057.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 25, 2010.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES09-31-003.
    Applicants: Entergy Texas, Inc.
    Description: Application of Entergy Texas, Inc. to amend existing
authorization to issue long-term debt during the period from June 1,
2009, through May 31, 2011.
    Filed Date: 07/29/2010.
    Accession Number: 20100729-5168.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 19, 2010.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-19773 Filed 8-10-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64174-64175]
[FR Doc No: 2018-26992]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2018-89]

Petition for Exemption; Summary of Petition Received; Textron
Aviation Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is 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 January 2, 2019.

ADDRESSES: Send comments identified by docket number FAA-2018-1043
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: Deana Stedman, AIR-673, Federal
Aviation Administration, 2200 South 216th Street, Des Moines, WA 98198,
phone and fax<PHONE_NUMBER>, email<EMAIL_ADDRESS>or Alphonso
Pendergrass, ARM-200, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591, phone
202-267-4713, email<EMAIL_ADDRESS>    This notice is published pursuant to 14 CFR 11.85.

    Issued in Des Moines, Washington, on December 10, 2018.
Victor Wicklund,
Manager, Transport Standards Branch.

Petition for Exemption

    Docket No.: FAA-2018-1043.
    Petitioner: Textron Aviation Inc.
    Section(s) of 14 CFR Affected: Sec. Sec.  M25.1 and M25.2(b).
    Description of Relief Sought: Textron Aviation Inc. is seeking
relief from Appendix M to 14 CFR part 25, Fuel Tank System Flammability
Reduction Means. Specifically, the petitioner is seeking relief from
the fuel tank flammability exposure requirements of Sec. Sec.  M25.1
and M25.2(b) for the Textron Model 700 airplane fuel system design.
[FR Doc. 2018-26992 Filed 12-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 27, 2009 (Volume 74, Number 227)]
[Notices]
[Page 62342]
[DOCID:fr27no09-83]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Cardiovascular and Renal Drugs Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Cardiovascular and Renal Drugs Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on January 11, 2010, from 8
a.m. to 5 p.m.
    Location: Hilton Washington DC/Silver Spring, Maryland Ballroom,
8727 Colesville Rd., Silver Spring, MD. The hotel phone number is 301-
589-5200.
    Contact Person: Elaine Ferguson, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-7001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-
0572 in the Washington, DC area), code<PHONE_NUMBER>. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On January 11, 2010, the committee will discuss
supplemental drug application (sNDA) 21-742, nebivolol tablets, Forest
Laboratories, Inc., for the proposed indication (use) of treatment of
chronic heart failure.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/
default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
December 24, 2009. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those desiring to make formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before December 16, 2009. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by December
17, 2009.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Elaine Ferguson at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/
AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: November 20, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-28302 Filed 11-25-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: January 23, 2008 (Volume 73, Number 15)]
[Notices]
[Page 3952]
[DOCID:fr23ja08-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Meeting, Notice of Vote, Explanation of Action Closing
Meeting and List of Persons To Attend

January 16, 2008.
    The following notice of meeting is published pursuant to section
3(a) of the Government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:
    Agency Holding Meeting: Federal Energy Regulatory Commission.
    Date and Time: January 23, 2008, 10 a.m.
    Place: Room 2C, Commission Meeting Room, 888 First Street, NE.,
Washington, DC 20426.
    Status: Closed.
    Matters To Be Considered: Non-Public, Investigations and Inquiries,
Enforcement Related Matters.
    Contact Person for More Information: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    Chairman Kelliher and Commissioners Kelly, Spitzer, Moeller, and
Wellinghoff voted to hold a closed meeting on January 23, 2008. The
certification of the General Counsel explaining the action closing the
meeting is available for public inspection in the Commission's Public
Reference Room at 888 First Street, NE., Washington, DC 20426.
    The Chairman and the Commissioners, their assistants, the
Commission's Secretary, the General Counsel and members of her staff,
and a stenographer are expected to attend the meeting. Other staff
members from the Commission's program offices who will advise the
Commissioners in the matters discussed will also be present.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-1030 Filed 1-22-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61811-61812]
[FR Doc No: 2015-26077]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-562-000]

Gulf South Pipeline Company, LP; Notice of Application

    Take notice that on September 29, 2015, Gulf South Pipeline
Company, LP (Gulf South), 9 Greenway Plaza, Suite 2800, Houston, Texas
77046, filed in Docket No. CP15-562-000 an application pursuant to
section 7(b) of the Natural Gas Act (NGA) requesting an order
authorizing the abandonment by sale to Enerfin Field Services LLC of
approximately 26.65 miles of 14-inch-diameter pipeline, ancillary
auxiliary facilities, and appurtenances, and four certificated field
gathering laterals located in Jasper and Newton counties, Texas and
Beauregard Parish, Louisiana, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing may also be viewed on the web 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_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Nell
Gutierrez, Regulatory Affairs, Gulf South Pipeline, LP, 9 Greenway
Plaza, Suite 2800, Houston, Texas 77046 at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either complete
its environmental assessment (EA) and place it into the Commission's
public record (eLibrary) for this proceeding; or issue a Notice of
Schedule for Environmental Review. If a Notice of Schedule for
Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit original and 7 copies of filings made with the Commission and
must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project

provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 28, 2015.

    Dated: October 7, 2015.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-26077 Filed 10-13-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Notices]
[Page 71352-71354]
[DOCID:fr28no05-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52807; File No. SR-NSX-2005-06]

Self-Regulatory Organizations; National Stock Exchange; Order
Approving Proposed Rule Change, and Amendment Nos. 1 and 2 Thereto, To
Amend the Exchange's Customer Priority Rule To Require Designated
Dealers To Implement and Maintain Automated Compliance Systems

November 18, 2005.

I. Introduction

    On July 19, 2005, the National Stock ExchangeSM (``NSX''
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 the text of NSX
Rule 12.6 (``NSX's Customer Priority Rule'') to require the Exchange's
Designated Dealers \3\ to implement and maintain automated systems
reasonably designed to ensure compliance with the NSX Customer Priority
Rule.\4\ On October 5, 2005, the Exchange filed Amendment No. 1 to the
proposed rule change. On October 7, 2005, the Exchange filed Amendment
No. 2 to the proposed rule change. Notice of the proposed rule change,
as amended, was published for comment in the Federal Register on
October 18, 2005.\5\ No comments were received regarding the proposal.
This order approves the proposed rule change, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ NSX Rule 5.5(a) defines ``Designated Dealer'' as a
specialist.
    \4\ The Exchange filed this proposed rule change, in part,
pursuant to the provisions of the Commission's Order Instituting
Administrative and Cease-And-Desist Proceedings Pursuant to Sections
19(b) and 21C of the Securities Exchange Act of 1934, Making
Findings, and Imposing Sanctions entered May 19, 2005. See In the
Matter of National Stock Exchange and David Colker, Securities
Exchange Act Release No. 51715 (May 19, 2005) (``Administrative
Order''). In Section III.F.6. of the Administrative Order, NSX
undertook to file proposed rule changes to require its designated
dealers to implement system enhancements, to the extent practicable,
such that when a dealer is in the process of executing a proprietary
trade while in possession of a customer order that could trade in
place of some or all of the dealer's side of the trade, the
designated dealer's system will systemically allocate the execution
to the customer's order unless the trade meets a specified exemption
in NSX's rules. Pursuant to the undertaking, the proposed rule
changes must also require that the required system enhancements
cannot be disabled by NSX's designated dealers.
    \5\ See Securities Exchange Act Release No. 52576 (October 7,
2005), 70 FR 60594 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The NSX Customer Priority Rule, currently provides, in part, that
no member of the Exchange shall: (i) Personally buy or initiate the
purchase of any security traded on the Exchange for its own account or
for any account in which it or any associated person of the member is
directly or indirectly interested while such member holds or has
knowledge that any person associated with it holds an unexecuted market
or limit price order to buy such security in the unit of trading for a
customer, or (ii) sell or initiate the sale of any such security for
any such account while it personally holds or has knowledge that any
person associated with it holds an unexecuted market or limit price
order to sell such security in the unit of trading for a customer.\6\
---------------------------------------------------------------------------

    \6\ See NSX Rule 12.6(a).
---------------------------------------------------------------------------

    NSX proposes to amend the text of the NSX Customer Priority Rule to
require the Exchange's Designated Dealers to implement and maintain
automated systems reasonably designed to ensure compliance with the NSX
Customer Priority Rule.\7\ The proposed rule change would also prohibit
Designated Dealers from disabling or disengaging their automated
systems, except under limited circumstances.\8\ Furthermore, the
proposed rule would make clear that, if a Designated Dealer holds for
execution on the Exchange a customer buy order and a customer sell
order that can be crossed, the Designated Dealer's automated system
shall systemically cross them.\9\
---------------------------------------------------------------------------

    \7\ See Proposed NSX Rule 12.6(e).
    \8\ Id.
    \9\ See Proposed Interpretations and Policies .01 to NSX Rule
12.6.
---------------------------------------------------------------------------

    NSX also proposes to provide that, for purposes of Rule 12.6, a
member or any associated person of a member responsible for entering
orders for its own account or any account in which it is directly or
indirectly interested shall be presumed to have knowledge of a
particular customer order.\10\ The proposed interpretation would also
provide that such presumption can be rebutted by adequate evidence that
effectively demonstrates, to the Exchange's satisfaction, that the
member has implemented a reasonable system of internal policies and
procedures and has as adequate system of internal controls to prevent
the misuse of information about customer orders by those responsible
for entering such proprietary orders.\11\
---------------------------------------------------------------------------

    \10\ See Proposed Interpretations and Policies .03 to NSX Rule
12.6.
    \11\ Id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    The Commission has reviewed the proposed rule change, as amended,
and finds that it is consistent with the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\12\ Specifically, the Commission finds that the proposed rule
change, as amended, furthers the objectives of Section 6(b)(1) \13\ of
the Act, which requires the Exchange to be so organized and have the
capacity to be able to carry out the purposes of the Act and to comply,
and to enforce compliance by its members, with the Act and the rules of
the Exchange. In addition, the Commission finds that the proposed rule
change, as amended, is consistent with Section 6(b)(5) of the Act,\14\
which requires, among other things, that the rules of a national
securities exchange be designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \12\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \13\ 15 U.S.C. 78f(b)(1).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Currently, NSX Rule 12.6 prohibits an NSX member from trading ahead
of its customers' orders. Customer order protection ensures that
members consider the orders of their customers when executing their own
orders and thus prevents the isolation of customer orders that might
otherwise occur if a member were freely able to trade ahead of its
customers' orders. The Commission believes that the proposed rule
change should enhance investor confidence by helping to improve the
quality of executions for customers. By ensuring a customer order's
priority over the member's proprietary trading, more trade volume
should be available to be matched with the customer's order, resulting
in quicker and more frequent executions for customers. Specifically,
the Commission believes that proposed NSX Rule 12.6(e) and
Interpretations and Policies .01 to NSX Rule 12.6 should enhance the
customer protections already provided by NSX Rule 12.6 by requiring NSX
specialists to implement and maintain automated systems reasonably
designed to ensure compliance with NSX Rule 12.6 and requiring that if
an NSX specialist is able to cross two customer orders, such
specialist's automated system shall systemically cross such order
without the specialist interposing itself as a dealer.
    Proposed Interpretations and Policies .03 to NSX Rule 12.6 would
define what constitutes knowledge for purposes of NSX Rule 12.6 to
provide that a member or any associated person of a member responsible
for entering orders for its own account or any account in which it is
directly or indirectly interested shall be presumed to have knowledge
of a particular unexecuted customer order and would provide that such
knowledge can be rebutted by adequate evidence that the member has
implemented a reasonable system of internal policies and procedures and
has an adequate system of internal controls to prevent misuse of
information about customer orders by those responsible for entering
such proprietary orders. The Commission believes that the proposed
interpretation is substantially similar to a rule of the New York Stock
Exchange, Inc. interpreting its trading ahead

rules,\15\ and that such proposed interpretation raises no new issues
or regulatory concerns.
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 44139 (March 30,
2001), 66 FR 18339 (April 6, 2001) (approving proposed rule change
SR-NYSE-94-34, including Supplementary Material .10 of NYSE Rule
92).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (File No. SR-NSX-2005-06) and
Amendment Nos. 1 and 2, thereto be, and hereby are, approved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6562 Filed 11-25-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 34009-34010]
[DOCID:fr20jn07-89]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0179; FRL-8133-5]

Issuance of Experimental Use Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted experimental use permits (EUPs) to the
following pesticide applicants. An EUP permits use of a pesticide for
experimental or research purposes only in accordance with the
limitations in the permit.

FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the information in this action,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-0179. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. EUPs

    EPA has issued the following EUPs:
    264-EUP-140. Extension. Bayer CropScience LP, 2. T.W. Alexander
Drive, Research Triangle Park, NC 27709. This EUP allows the use of
1,008 pounds of cotton seed containing the following plant incorporated
protectant (PIP) in the amount specified: 0.016 pounds of Cry1Ab
protein and the genetic material necessary for its production (vector
pTDL004) in Events T303-3 and T304-40 cotton. This EUP allows the use
of this seed on 84 acres of Events T303-3 and T304-40 cotton. Four
trial protocols will be conducted, including:
     Efficacy testing.
     Agronomic evaluation.
     Dissemination of pollen evaluation.
     Production of sample material for use in regulatory
studies.
    The program is authorized only in the States of Arizona,
California, Georgia, Louisiana, Mississippi, North Carolina, South
Carolina, and Texas. The EUP is effective from March 8, 2007 to May 1,
2008.
    An exemption from tolerance has been established for residues of
the active ingredient in or on all cotton commodities. One comment was
received from a private citizen in response to the notice of receipt
for this permit application, which was published in the Federal
Register on January 17, 2007 (72 FR 1993) (FRL-8105-7). The private
citizen indicated that she opposed testing under this EUP except in
fully enclosed greenhouses, and expressed the viewpoint that the
permittee should be required to request permission from neighbors prior
to testing. The Agency understands the commenter's concerns. Under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Agency
is tasked with reviewing applications for EUPs for any pesticide,
including PIPs, and granting such applications to the extent that the
conditions of FIFRA section 5, and the regulations thereunder, have
been met (subject to such terms and conditions as the Agency determines
are warranted). In this instance, EPA has determined that the relevant
statutory and regulatory conditions have been met. In addition, there
is nothing in FIFRA or in the Agency's regulations enacted thereunder
that compels, and EPA does not otherwise require, a permittee to notify
neighbors prior to testing as suggested. Finally, although certain
containment provisions were required per the experimental program, the
Agency did not require testing to be conducted in fully enclosed
greenhouses because such a requirement was not necessary to mitigate
risk.
    67979-EUP-6. Issuance. Syngenta Seeds, Inc., P.O. Box 12257,
Research Triangle Park, NC 27709. This EUP allows the use of 62,173
pounds of corn seed containing the following plant incorporated
protectants (PIPs) in the amounts specified: 0.916 pounds of Vip3Aa20
protein and the genetic material necessary for its production (vector
pNOV1300) in Event MIR 162 corn, 0.046 pounds of Cry1Ab protein and the
genetic material necessary for its production (vector pZO1502) in Event
Bt11 corn, and 0.013 pounds of mCry3A protein and the genetic material
necessary for its production (vector pZM26) in Event MIR 604 corn. This
EUP allows the use of this seed on 536 acres of MIR 162 corn; 220 acres
of Bt11 corn; 199 acres of MIR 604 corn; 469 acres of Bt11 x MIR 162
corn; and 468 acres of Bt11 x MIR 162 x MIR 604 corn for 2007-2008.
Five trial protocols will be conducted, including:
     Breeding and observation.
     Insect efficacy.
     Agronomic evaluation.
     Inbred and hybrid seed production.
     Regulatory studies.
    The program is authorized only in the States of California,
Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi,
Missouri, Nebraska, New York, Ohio, Puerto Rico, South Dakota, Texas,
and Wisconsin. The EUP is effective from March 21, 2007 to March 31,
2008.
    Permanent or temporary exemptions from tolerance have been
established for

residues of the active ingredients in or on all corn commodities.
    67979-EUP-7. Issuance. Syngenta Seeds, Inc., P.O. Box 12257,
Research Triangle Park, NC 27709. This EUP allows the use of 13,483
pounds of cotton seed containing the following plant incorporated
protectants (PIPs) in the amounts specified: 0.010 pounds of Vip3Aa19
protein and the genetic material necessary for its production (vector
pCOT1) in Event COT102 cotton and 0.082 pounds of Cry1Ab protein and
the genetic material necessary for its production (vector pNOV4641) in
Event COT67B cotton. This EUP allows the use of this seed on 28 acres
of COT102 cotton; 28 acres of COT67B cotton; and 274 acres of COT102 x
COT67B cotton. Five trial protocols will be conducted, including:
     Breeding and observation.
     Insect efficacy.
     Agronomic evaluation.
     Seed increase.
     Product characterization.
    The program is authorized only in the States of Alabama, Arizona,
Arkansas, California, Florida, Georgia, Hawaii, Louisiana, Mississippi,
Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas,
and Virginia. The EUP is effective from April 26, 2007 to April 30,
2008.
    Permanent or temporary exemptions from tolerance have been
established for residues of the active ingredients in or on all cotton
commodities.

    Authority: 7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: June 6, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E7-11516 Filed 6-19-07; 8:45 am]

BILLING CODE 6560-50-S