[Federal Register: May 20, 2010 (Volume 75, Number 97)]
[Rules and Regulations]
[Page 28200-28202]
[DOCID:fr20my10-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0389]
RIN 1625-AA00

Safety Zone; Washington State Department of Transportation
Ferries Division Marine Rescue Response (M2R) Full-Scale Exercise for a
Mass Rescue Incident (MRI)

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Washington State Department of Transportation Ferries
Division (WSF) is conducting a Marine Rescue Response (M2R) full-scale
exercise in Port Madison. This training exercise will simulate a mass
rescue incident (MRI) and will involve an abandon ship scenario with
multiple response vessels. This temporary safety zone is necessary to
ensure the safety of the participating ferries, rescue vessels, and the
maritime public during the exercise by prohibiting any vessel operators
from entering or remaining within a 500-yard radius of the
participating ferries unless authorized by the Captain of the Port,
Puget Sound or Designated Representative.

DATES: This rule is effective from 8 a.m. until 11:59 p.m. on 25 May
2010, unless cancelled sooner by the Captain of the Port.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0389 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0389 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Rebecca E. McCann, Sector
Seattle, Waterways Management Division, Coast Guard; telephone 206-217-
6088, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure the safety of life and property on navigable waters.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest because hazards associated with
large scale training exercises could lead to severe injury, fatalities
and/or destruction of public property. Therefore immediate action is
necessary to ensure safety of the public and of participants in the WSF
M2R exercise.

Basis and Purpose

    The WSF is hosting a M2R full scale exercise which will simulate a
MRI to provide training in specific emergency response procedures. The
exercise will test WSF procedures, and establish protocols with the
response organization specific to ferries in the Puget Sound area. This
temporary safety zone will mitigate navigation and safety concerns that
may arise from the exercise by restricting the area and keeping any
transiting vessels from interfering.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone within Port
Madison, Washington. This safety zone is established to prohibit any
vessel operator from entering or remaining within 500 yards of the
ferries participating in the WSF M2R exercise, unless authorized by the
Captain of the Port, Puget Sound or Designated Representative. The
simulation involves one large ferry dead in the water (DIW),

being assisted by another large ferry and will temporarily affect
vessel traffic. The zone will be effective between 8 a.m and 11:59 p.m.
on May 26, 2010.
    The Captain of the Port may be assisted in the enforcement of the
zone by other federal, state, or local agencies.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this safety zone will restrict access to the area, the
effect of the rule will not be significant because: the safety zone
will be in place for a limited period of time and maritime traffic will
still be able to transit around the zone. Additionally, maritime
traffic may request permission to transit through the zone from the
Captain of the Port, Puget Sound or Designated Representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: the owners and operators of vessels intending to
operate in Port Madison, Washington between 8 a.m. and 11:59 p.m. on 25
May 2010. The rule will not have a significant economic impact on a
substantial number of small entities, because the safety zone is short
in duration and maritime traffic will be able to transit around the
safety zone. Maritime traffic may also request permission to transit
through the zone from the Captain of the Port, Puget Sound or
Designated Representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or

adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1

0
2. Add Sec.  165.T13-144 to read as follows:

Sec.  165.T13-144  Safety Zone; Washington State Department of
Transportation Ferries Division Marine Rescue Response (M2R) Full-Scale
Exercise for a Mass Rescue Incident (MRI).

    (a) Location. All waters encompassed within 500 yards of the
Washington State Ferries involved in the M2R exercise in Port Madison,
WA on 25 May 2010.
    (b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no vessel operator may enter or remain in the
safety zone without the permission of the Captain of the Port or
Designated Representative. The Captain of the Port may be assisted by
other Federal, State, or local agencies with the enforcement of the
safety zone.
    (c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting the Coast Guard Sector Seattle
Joint Harbor Operations Center (JHOC) on VHF Ch 16 or via telephone at
(206) 217-6001. Vessel operators granted permission to enter the zone
will be escorted by the on-scene Coast Guard patrol craft until they
are outside of the safety zone.
    (d) Enforcement Period. This rule is effective from 8 a.m. until
11:59 p.m. on 25 May 2010, unless canceled sooner by the Captain of the
Port.

    Dated: May 7, 2010.
S. W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-12062 Filed 5-19-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60898-60899]
[FR Doc No: 2015-25675]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2015-0210; FRL 9935-35-OARM]

National and Governmental Advisory Committees to the U.S.
Representative to the Commission for Environmental Cooperation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Advisory Committee meeting teleconference call.

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SUMMARY: Under the Federal Advisory Committee Act, Public Law 92-463,
EPA gives notice of a meeting of the National Advisory Committee (NAC)
and Governmental Advisory Committee (GAC) to the U.S. Representative to
the North American Commission for Environmental Cooperation (CEC). The
National and Governmental Advisory Committees advise the EPA
Administrator in her capacity as the U.S. Representative to the CEC
Council. The Committees are authorized under Articles 17 and 18 of the
North American Agreement on Public Law 103-182, and as directed by
Executive Order 12915, entitled ``Federal Implementation of the North
American Agreement on Environmental Cooperation.'' The NAC is composed
of 14 members representing academia, environmental non-governmental
organizations, and private industry. The GAC consists of 15 members
representing state, local, and Tribal governments. The Committees are
responsible for providing advice to the U.S. Representative on a wide
range of strategic, scientific, technological, regulatory, and economic
issues related to implementation and further elaboration of the NAAEC.
    The purpose of this meeting is to provide advice on a variety of
trade and environment issues in North America. The meeting will also
include a public comment session. The agenda, meeting materials, and
general information about NAC and GAC will be available at http://www2.epa.gov/faca/nac-gac.

DATES: The NAC/GAC will hold a public teleconference on October 23,
2015, from 1:00 p.m. to 5:30 p.m. Eastern Standard Time.

ADDRESSES: The meeting will be held at the U.S. EPA William Jefferson
Clinton East Building, 1201 Constitution Avenue NW., Room 1132,
Washington, DC 20004

FOR FURTHER INFORMATION CONTACT: Oscar Carrillo, Designated Federal
Officer<EMAIL_ADDRESS>202-564-0347, U.S. EPA, Office of
Diversity, Advisory Committee Management and Outreach (1601-M), 1200
Pennsylvania Avenue NW., Washington, DC 20004.

SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide
written comments to NAC/GAC should be sent to Oscar Carrillo at
<EMAIL_ADDRESS>by Wednesday, October 14, 2015. The meeting is
open to the public, with limited seating on a first-come, first-served
basis. Members of the public wishing to participate in

the teleconference should contact Oscar Carrillo at
<EMAIL_ADDRESS>or<PHONE_NUMBER> by October 14, 2015.
    Meeting Access: For information on access or services for
individuals with disabilities, please contact Oscar Carrillo at 202-
564-0347 or<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Oscar Carrillo, preferably at least 10 days
prior to the meeting, to give EPA as much time as possible to process
your request.

    Dated: September 17, 2015.
Oscar Carrillo,
Designated Federal Officer.
[FR Doc. 2015-25675 Filed 10-7-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 1, 2009 (Volume 74, Number 189)]
[Notices]
[Page 50810]
[DOCID:fr01oc09-100]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0294]

Regulation of Tobacco Products; Extension of Comment Period

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice; extension of comment period.

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SUMMARY:  The Food and Drug Administration (FDA) is extending to
December 28, 2009, the comment period for the notice that appeared in
the Federal Register of July 1, 2009 (74 FR 31457). In the notice, FDA
requested comments on the implementation of the Family Smoking
Prevention and Tobacco Control Act (the Tobacco Act). The agency is
taking this action in response to a request for an extension to allow
interested persons additional time to submit comments.

DATES:  Submit electronic and written comments by December 28, 2009.

ADDRESSES:  Submit electronic comments to http://www.regulations.gov.
    Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Erik Mettler, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD, 20850-3229,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of July 1, 2009 (74 FR 31457), FDA
published a notice with a 90-day comment period to request comments on
the implementation of the Tobacco Act. Comments from the public will
inform FDA's actions implementing the Tobacco Act.
    The agency has received a request for an extension of the comment
period for the notice. This request conveyed concern that the current
90-day comment period does not allow sufficient time to develop a
meaningful or thoughtful response to the notice.
    FDA has considered the request and is extending the comment period
for the notice for 90 days, until December 28, 2009. The agency
believes that a 90-day extension allows adequate time for interested
persons to submit comments without significantly delaying rulemaking on
these important issues.

II. Request for Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments on this document. Submit
a single copy of electronic comments or two paper copies of any mailed
comments, except that individuals may submit one paper copy. Comments
are to be identified with the docket number found in brackets in the
heading of this document. Received comments may be seen in the Division
of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: September 25, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-23607 Filed 9-28-09; 11:15 am]

BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Notices]
[Pages 63256-63257]
[FR Doc No: 2015-26422]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31866; 812-14553]

Columbia Trust, et al.; Notice of Application

October 13, 2015.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of an application for an order under section 6(c) of
the Investment Company Act of 1940 (``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and (a)(2) of the Act, and under
section 12(d)(1)(J) of the Act for an exemption from sections
12(d)(1)(A) and (B) of the Act.

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APPLICANTS:  Columbia Trust (the ``Trust''), Columbia Management
Investment Advisers, LLC (the ``Adviser'') and Columbia Management
Investment Distributors, Inc. (the ``Distributor'').
SUMMARY:  Summary of Application: Applicants request an order
(``Order'') that permits: (a) Actively managed series of certain open-
end management investment companies to issue shares (``Shares'')
redeemable in large aggregations only (``Creation Units''); (b)
secondary market transactions in Shares to occur at the next-determined
net asset value plus or minus a market-determined premium or discount
that may vary during the trading day; (c) certain series to pay
redemption proceeds, under certain circumstances, more than seven days
from the tender of Shares for redemption; (d) certain affiliated
persons of the series to deposit securities into, and receive
securities from, the series in connection with the purchase and
redemption of Creation Units; (e) certain registered management
investment companies and unit investment trusts outside of the same
group of investment companies as the series to acquire Shares; and (f)
certain series to create and redeem Shares in kind in a master-feeder
structure. The Order would incorporate by reference terms and
conditions of a previous order granting the same relief sought by
applicants, as that order may be amended from time to time (``Reference
Order'').\1\
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    \1\ Eaton Vance Management, et al., Investment Company Act Rel.
Nos. 31333 (Nov. 6, 2014) (notice) and 31361 (Dec. 2, 2014) (order).

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DATES:  Filing Dates: The application was filed on September 28, 2015.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary 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 November 9, 2015, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, 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
Commission's Secretary.

ADDRESSES:  The Commission: Brent J. Fields, Secretary, U.S. Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
Applicants: Columbia Trust, Columbia Management Investment Advisers,
LLC, and Columbia Management Investment

Distributors, Inc., 225 Franklin Street, Boston, MA 02110.

FOR FURTHER INFORMATION CONTACT: Dalia Osman Blass, Assistant Chief
Counsel, at<PHONE_NUMBER> (Division of Investment Management, Chief
Counsel's Office).

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

    1. The Trust will be registered as an open-end management
investment company under the Act and is a business trust organized
under the laws of Massachusetts. Applicants seek relief with respect to
a Fund (as defined below, and the Fund, the ``Initial Fund''). The
portfolio positions of the Fund will consist of securities and other
assets selected and managed by its Adviser or Subadviser (as defined
below) to pursue the Fund's investment objective.
    2. The Adviser, a Minnesota limited liability company, will be the
investment adviser to the Initial Fund. An Adviser (as defined below)
will serve as investment adviser to the Fund. The Adviser is, and any
other Adviser will be, registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act''). The Adviser and the
Trust may retain one or more Subadvisers (each a ``Subadviser'') to
manage the portfolio of the Fund. Any Subadviser will be registered, or
not subject to registration, under the Advisers Act.
    3. The Distributor is a Delaware corporation and a broker-dealer
registered under the Securities Exchange Act of 1934 and will act as
the principal underwriter of Shares of the Fund. Applicants request
that the requested relief apply to any distributor of Shares, whether
affiliated or unaffiliated with the Adviser (included in the term
``Distributor''). Any Distributor will comply with the terms and
conditions of the Order.

Applicants' Requested Exemptive Relief

    4. Applicants seek the requested Order under section 6(c) of the
Act for an exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e)
of the Act and rule 22c-1 under the Act, under sections 6(c) and 17(b)
of the Act for an exemption from sections 17(a)(1) and 17(a)(2) of the
Act, and under section 12(d)(1)(J) of the Act for an exemption from
sections 12(d)(1)(A) and (B) of the Act. The requested Order would
permit applicants to offer exchange-traded managed funds. Because the
relief requested is the same as the relief granted by the Commission
under the Reference Order and because the Adviser has entered into, or
anticipates entering into, a licensing agreement with Eaton Vance
Management, or an affiliate thereof in order to offer exchange-traded
managed funds,\2\ the Order would incorporate by reference the terms
and conditions of the Reference Order.
---------------------------------------------------------------------------

    \2\ Eaton Vance Management has obtained patents with respect to
certain aspects of the Funds' method of operation as exchange-traded
managed funds.
---------------------------------------------------------------------------

    5. Applicants request that the Order apply to the Initial Fund and
to any other existing or future open-end management investment company
or series thereof that: (a) Is advised by the Adviser or any entity
controlling, controlled by, or under common control with the Adviser
(any such entity included in the term ``Adviser''); and (b) operates as
an exchange-traded managed fund as described in the Reference Order;
and (c) complies with the terms and conditions of the Order and of the
Reference Order, which is incorporated by reference herein (each such
company or series and Initial Fund, a ``Fund'').\3\
---------------------------------------------------------------------------

    \3\ All entities that currently intend to rely on the Order are
named as applicants. Any other entity that relies on the Order in
the future will comply with the terms and conditions of the Order
and of the Reference Order, which is incorporated by reference
herein.
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    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provisions of the Act, 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.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the transaction, including the consideration to be paid or
received, are reasonable and fair and do not involve overreaching on
the part of any person concerned, and the proposed transaction is
consistent with the policies of the registered investment company and
the general purposes of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
    7. Applicants submit that for the reasons stated in the Reference
Order: (1) With respect to the relief requested pursuant to section
6(c) of the Act, the relief is 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) with respect to
the relief request pursuant to section 17(b) of the Act, the proposed
transactions are reasonable and fair and do not involve overreaching on
the part of any person concerned, are consistent with the policies of
each registered investment company concerned and consistent with the
general purposes of the Act; and (3) with respect to the relief
requested pursuant to section 12(d)(1)(J) of the Act, the relief is
consistent with the public interest and the protection of investors.

    By the Division of Investment Management, pursuant to delegated
authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26422 Filed 10-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 25, 2009 (Volume 74, Number 36)]
[Notices]
[Page 8523-8527]
[DOCID:fr25fe09-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

February 18, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-55-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Application of Orange and Rockland Utilities under
Section 203 for order authorizing the purchase of short-term debt of
Rockland Electric Company not in excess of $30 million.
    Filed Date: 02/10/2009.
    Accession Number: 20090210-5119.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 3, 2009.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER00-586-007.
    Applicants: Madison Gas & Electric Company
    Description: Madison Gas and Electric Co submits its Market-Based
Power Sales Tariff, Second Revised Volume 4, to be effective 1/6/09.
    Filed Date: 02/09/2009.
    Accession Number: 20090210-0167.
    Comment Date: 5 p.m. Eastern Time on Monday, March 2, 2009.

    Docket Numbers: ER00-3251-019; ER01-1919-011; ER01-1147-006; ER01-
513-021; ER98-1734-014; ER99-2404-013; ER99-754-016.
    Applicants: Exelon Generating Company, LLC, AmerGen Energy Company,
LLC, Commonwealth Edison Company, PECO Energy Company, Exelon West
Medway, LLC, Exelon New England Power Marketing, L.P.
    Description: Exelon Generation Company, LLC et al. submits Market-
Based Rate Authority and Generation Assets in compliance with the
Commission's 1/15/09 Order, and Order 697 and 697A.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0162.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER05-1218-003; ER00-2887-006; ER05-1219-003; ER06-
703-002; ER07-1341-003; ER96-149-013; ER97-2414-012;
    Applicants: Bayonne Plant Holding, L.L.C.; Newark Bay Cogeneration
Partnership, L.P; Camden Plant Holding, L.L.C.; Pedricktown
Cogeneration Company, LP; York Generation Company LLC; Dartmouth Power
Associates Limited Partnership; Lowell Cogeneration Company Limited
Partnership
    Description: Supplement to Updated Market Power Analysis of Bayonne
Plant Holding, L.L.C., et al.
    Filed Date: 02/17/2009.
    Accession Number: 20090217-5063.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 10, 2009.

    Docket Numbers: ER07-22-001.
    Applicants: Jump Power, LLC.
    Description: Jump Power, LLC submits its Order No. 697 Compliance
Filing and Application for Category 1 Status.
    Filed Date: 02/06/2009
    Accession Number: 20090211-0032.
    Comment Date: 5 p.m. Eastern Time on Friday, February 27, 2009

    Docket Numbers: ER07-1137-002.
    Applicants: Lockhart Power Company.
    Description: Lockhart Power Company submits Second Revised Sheet 2
to FERC Electric Tariff, First Revised Volume 3 pursuant to Order 614.
    Filed Date: 02/13/2009.
    Accession Number: 20090213-0181.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER07-1249-005.
    Applicants: Lockport Energy Associates, L.P.
    Description: Amendment to Triennial Market Power Analysis of
Lockport Energy Associates, L.P.
    Filed Date: 02/12/2009.
    Accession Number: 20090212-5133.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER08-54-010.
    Applicants: ISO New England Inc.
    Description: PTO Administrative Committee and the New England Power
Pool requests that Substitute First Sheet 1426A be withdrawn from the
Compliance Filing in its entirety.
    Filed Date: 02/12/2009.
    Accession Number: 20090213-0177.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER08-777-003; ER08-396-004; EL08-31-002.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. et al. submits Third Substitute
2nd Revised Sheet 175 to FERC Electric Tariff, Second Revised Volume 5
to Westar's Open Access Transmission Tariff.
    Filed Date: 02/13/2009.
    Accession Number: 20090218-0021.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER08-1328-001.
    Applicants: New England Participating Transmission Owners.
    Description: Second Supplement to July 31, 2008 Annual
Informational Filing Regarding ISO Tariff Changes in Effect as of
December 1, 2008 of Maine Electric Power Company.
    Filed Date: 02/17/2009.
    Accession Number: 20090217-5215.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 10, 2009.

    Docket Numbers: ER09-172-003; ER09-173-003.
    Applicants: Canandaigua Power Partners, LLC, Canandaigua Power
Partners II, LLC.
    Description: Canadaigua Power Partners, LLC et al. submits revised
tariff pages for their market-based rate wholesale power tariff
identifying the tariffs', effective 1/30/09.
    Filed Date: 02/12/2009.
    Accession Number: 20090213-0174.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-337-000; ER09-398-000.
    Applicants: Ameren Energy Generating Company; Ameren Energy
Marketing Company.
    Description: Joint Response to Deficiency Letter of Ameren Energy
Generating Company and Ameren Energy Marketing Company.
    Filed Date: 02/02/2009.
    Accession Number: 20090202-5190.
    Comment Date: 5 p.m. Eastern Time on Monday, February 23, 2009.

    Docket Numbers: ER09-458-001.
    Applicants: Calpine Energy Services, L.P.
    Description: Calpine Energy Services, LP amends its 12/17/08 filing
of proposed revisions to its market-based rate tariff to permit the
sale, assignment, or transfer of transmission rights.
    Filed Date: 02/12/2009.
    Accession Number: 20090213-0173.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-482-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Golden Spread Electric Cooperative, Inc. requests that
FERC defer taking action.
    Filed Date: 02/12/2009.
    Accession Number: 20090217-0122.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-512-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits amendment to the executed Amended and Restated. Interconnection
and Operating Agreement among the Midwest ISO, et al.
    Filed Date: 02/09/2009.
    Accession Number: 20090211-0011.
    Comment Date: 5 p.m. Eastern Time on Monday, March 2, 2009.

    Docket Numbers: ER09-522-001.
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Alliant Energy Corporate Services, Inc. submits its
12/22/08 filing to reflect a tariff cancellation date of 1/6/09 rather
than 1/1/09.
    Filed Date: 02/06/2009.
    Accession Number: 20090209-0130.
    Comment Date: 5 p.m. Eastern Time on Friday, February 27, 2009.

    Docket Numbers: ER09-541-001.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, LLC submits Amendment to its
filing of the Notice of Cancellation of Service Agreement 733.
    Filed Date: 02/13/2009.
    Accession Number: 20090218-0022.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-561-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits an amendment to the request to terminate the market participant
agreement with Olde Towne Energy Associates, LLC etc.
    Filed Date: 02/12/2009.
    Accession Number: 20090217-0121.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-655-000.
    Applicants: Duke Energy Retail Sales, LLC.
    Description: Duke Energy Retail Sales, LLC submits requests that
the Commission grant authorization for wholesale sales of electric
capacity, energy, ancillary services at market based rates for all
markets outside of Duke Energy Carolinas, Inc. et al.
    Filed Date: 02/06/2009.
    Accession Number: 20090211-0009.
    Comment Date: 5 p.m. Eastern Time on Friday, February 27, 2009.

    Docket Numbers: ER09-659-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Original Rate
Schedule FERC No. 11 et. al.
    Filed Date: 02/09/2009.
    Accession Number: 20090211-0010.
    Comment Date: 5 p.m. Eastern Time on Monday, March 2, 2009.

    Docket Numbers: ER09-660-000; ER09-660-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits Open Access Transmission, Energy and Operating Reserve Markets
Tariff etc. and on 6/12/09 Midwest submit an amendment to this filing.
    Filed Date: 02/06/2009; 02/12/2009.
    Accession Number: 20090209-0120; 20090212-0265.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-661-000.
    Applicants: State Line Energy, L.L.C.
    Description: State Line Energy, LLC submits its Rate Schedule FERC
2, its revenue requirement for Reactive Supply and Voltage Control from
Generation Sources Service supplied by the Company's generation
facilities etc.
    Filed Date: 02/06/2009.
    Accession Number: 20090209-0119.
    Comment Date: 5 p.m. Eastern Time on Friday, February 27, 2009.

    Docket Numbers: ER09-662-000.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, LLC submits an executed Wholesale
Market Participation Agreement with Frederick County Department of
Public Works and Potomac Edison Company etc.
    Filed Date: 02/06/2009.
    Accession Number: 20090209-0118.
    Comment Date: 5 p.m. Eastern Time on Friday, February 27, 2009.

    Docket Numbers: ER09-672-000.
    Applicants: Carolina Power & Light Company.
    Description: Carolina Power & Light Co. submits a revised Power
Supply Agreement with North Carolina Electric Membership Corp.
    Filed Date: 02/09/2009.
    Accession Number: 20090210-0277.
    Comment Date: 5 p.m. Eastern Time on Monday, March 2, 2009.

    Docket Numbers: ER09-683-000.
    Applicants: Alex Energy, LLC.
    Description: Alex Energy LLC submits the Petition for Acceptance of
Initial Tariff, Waivers and Blanket Authority, FERC Electric Tariff,
Original Volume 1.
    Filed Date: 02/12/2009.
    Accession Number: 20090213-0172.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-702-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits Second Revised Sheet 9 of
a Control Area Services Agreement, between Westar and the Missouri
Joint Municipal Electric Utility Commission etc.
    Filed Date: 02/11/2009.
    Accession Number: 20090212-0264.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 4, 2009.

    Docket Numbers: ER09-703-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits First Revised Sheet 145
et al. in its open access transmission tariff.
    Filed Date: 02/11/2009.
    Accession Number: 20090212-0263.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 4, 2009.

    Docket Numbers: ER09-704-000.
    Applicants: Carolina Power & Light Company.
    Description: Progress Energy Carolinas, Inc. et al. submits
Standard Large Generator Interconnection Agreement between CP&L and
North Carolina Electric Membership Corporation.
    Filed Date: 02/12/2009.
    Accession Number: 20090212-0262.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-705-000.
    Applicants: Saracen Power LLC.
    Description: Saracen Power LLC submits petition for acceptance of
initial rate schedule, waivers and blanket authorization.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0161.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-706-000.
    Applicants: Pacific Gas and Electric Company, Los Alamos Energy,
LLC.
    Description: Pacific Gas and Electric Company submits Notice of
Termination of the Wholesale Distribution Tariff Service Agreement and
an Agreement for Parallel Operation-Nonutility Owned Generation etc.
    Filed Date: 02/12/2009.
    Accession Number: 20090213-0175.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-707-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate for the Interconnection Facilities Agreement between SCE and
Sierra Power Corporation, Service Agreement 68 under SCE's Wholesale
Distribution Access Tariff etc.
    Filed Date: 02/12/2009.
    Accession Number: 20090213-0176.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-708-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate sheets for the amended Service Agreement for Wholesale
Distribution Service dated 11/26/97 and the Service Agreement for
Wholesale Distribution Service dated 7/1/08 etc.
    Filed Date: 02/12/2009.
    Accession Number: 20090213-0178.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 5, 2009.

    Docket Numbers: ER09-710-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits amendment to the Market Redesign and Technology Upgrade tariff.
    Filed Date: 02/13/2009.

    Accession Number: 20090217-0165.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-711-000.
    Applicants: Phelps Dodge Energy Services, LLC.
    Description: Phelps Dodge Energy Services, LLC submits Notice of
Succession to notify the Commission of a corporate name change
resulting from a change in upstream ownership of PDES.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0166.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-713-000.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection, LLC submits Network Integration
Transmission Service Agreement between PJM and the Northern Virginia
Electric Cooperative, etc.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0167.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-714-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits revisions to its
Open Access Transmission Tariff.
    Filed Date: 02/13/2009.
    Accession Number: 20090&-0169.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-715-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Service Agreement
for Network Integration Transmission Service between SPP as
Transmission Provider and Southwestern Public Service Company as
Network Customer, et al.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0168.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-716-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits Capital Projects Report
and schedule of the unamortized costs of the ISO's funded capital
expenditures for the quarter ending 12/31/08.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0163.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-717-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits revisions to its Open Access Transmission, Energy and Operating
Reserve Markets Tariff.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0164.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-718-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits letter
agreement between SCE and Brea Power II, LLC.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0174.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-719-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Public Service Company of New Hampshire submits
revised Interconnection and Operations Agreement by and between PSNH
and NAEA Newington Energy, LLC, etc.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0177.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-720-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate sheets for the Small Generator Interconnection Agreement et al.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0176.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-721-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate sheets to the Anaheim Puente Development Wholesale Distribution
Load Interconnection Facilities Agreement, et al.
    Filed Date: 02/13/2009.
    Accession Number: 20090217-0175.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Docket Numbers: ER09-722-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Puget Sound Energy, Inc. submits for filing an
Amendment 4 to Rate Schedule FERC 143 Colstrip Project Transmission
Agreement et al.
    Filed Date: 02/13/2009.
    Accession Number: 20090218-0025.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES09-19-000.
    Applicants: Sky River Partnership, Victory Garden Phase IV
Partnership, FPL Energy Cabazon Wind, LLC.
    Description: Application of FPL Energy Cabazon Wind, LLC.
    Filed Date: 02/13/2009.
    Accession Number: 20090213-5160.
    Comment Date: 5 p.m. Eastern Time on Friday, March 6, 2009.

    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA08-61-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits revisions to
Attachment O of its Open Access Transmission Tariff pursuant to Order
890 and 890-A.
    Filed Date: 02/06/2009.
    Accession Number: 20090210-0268.
    Comment Date: 5 p.m. Eastern Time on Friday, February 27, 2009.

    Docket Numbers: OA08-76-001.
    Applicants: E.ON U.S. LLC.
    Description: Louisville Gas and Electric Company et al. submits
revised Attachment C to the LG&E/KU joint Open Access Transmission
Tariff.
    Filed Date: 02/09/2009.
    Accession Number: 20090211-0014.
    Comment Date: 5 p.m. Eastern Time on Monday, March 2, 2009.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR06-1-021; RR07-1-005; RR07-2-005; RR07-3-006;
RR07-4-005; RR07-5-006; RR07-6-007; RR07-7-007; RR07-8-006.
    Applicants: North American Electric Reliability Corp.
    Description: Compliance Filing of the North American Electric
Reliability Corporation in Response to December 19, 2008, Order.
    Filed Date: 02/17/2009.
    Accession Number: 20090217-5165.
    Comment Date: 5 p.m. Eastern Time on Monday, March 9, 2009.

    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.
    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. E9-3985 Filed 2-24-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 21, 2009 (Volume 74, Number 12)]
[Proposed Rules]
[Page 3462-3465]
[DOCID:fr21ja09-25]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25173; Directorate Identifier 2006-NE-24-AD]
RIN 2120-AA64

Airworthiness Directives; McCauley Propeller Systems Propeller
Models B5JFR36C1101/114GCA-0, C5JFR36C1102/L114GCA-0, B5JFR36C1103/
114HCA-0, and C5JFR36C1104/L114HCA-0

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) for McCauley Propeller Systems propeller models
B5JFR36C1101/114GCA-0, C5JFR36C1102/L114GCA-0, B5JFR36C1103/114HCA-0,
and C5JFR36C1104/L114HCA-0. That AD currently requires initial and
repetitive fluorescent penetrant inspections (FPI) and eddy current
inspections (ECI) of propeller blades for cracks, and if any crack
indications are found, removing the blade from service. That AD also
mandates a life limit for the blades. This proposed AD would require
the same inspections, add a visual inspection, and would further reduce
the propeller blade life limit. This proposed AD would also require
removing blades with more than 10,000 operating hours time-since-new
(TSN), before further flight. This proposed AD would also require
removal from service of all the propeller blades and the propeller hub
if one or more propeller blades have been found cracked on a propeller
assembly. This proposed AD would also require removing from service all
C-5963 split retainers. This proposed AD results from 8 reports of
propeller blades found cracked since May of 2006. We are proposing this
AD to detect cracks in the propeller blade that could cause failure and
separation of the propeller blade and loss of control of the airplane.

DATES: We must receive any comments on this proposed AD by March 23,
2009.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Contact McCauley Propeller Systems, 5800 E. Pawnee, Wichita, KS
67218, telephone<PHONE_NUMBER>, for the service information identified
in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Jeff Janusz, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, Small Airplane Directorate,
1801 Airport Road, Room 100, Wichita, KS 67209; e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2006-25173;
Directorate Identifier 2006-NE-24-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

Discussion

    The FAA proposes to amend 14 CFR part 39 by superseding AD 2008-08-
01, Amendment 39-15453 (73 FR 19971, April 14, 2008). That AD requires
initial and repetitive FPI and ECI of propeller blades for cracks, and
if any crack indications are found, removing the blade from service.
That AD also

mandates a life limit for the blades. That condition, if not corrected,
could result in failure and separation of the propeller blade and loss
of control of the airplane.

Actions Since AD 2008-08-01 Was Issued

    Since that AD was issued, propeller blades have cracked below the
current 10,000 hour TSN life limit of the propeller blade. The cracks
have all been found in the blade retention groove, near the ledge where
the split retainers seat, on or near the shot peened area of the
propeller blade retention groove. All cracked propeller blades have
been found on propeller assemblies that are installed on Jetstream 41
airplanes operated by South African Airlink. All propeller blades that
have been found cracked are part number L114HCA, which are installed in
the propeller assembly on the No. 2 (right-side) engine. This propeller
rotates counter-clockwise when viewed from the rear, on the Jetstream
41 airplane. To date, there have been no other field reports of the
same condition as described above, or occurrences of propeller blade
failure and separation attributed to this particular unsafe condition.
We have not yet determined if the blade cracking is the result of a
design issue, an operational issue, or a combination of the two.

Relevant Service Information

    We have reviewed and approved the technical contents of McCauley
Propellers Alert Service Bulletin (ASB) No. ASB255A, dated October 6,
2008. That ASB:
     Describes procedures for an FPI and ECI of propeller
blades for cracks;
     Describes procedures for a visual inspection of the blade
shank for a step condition;
     Reduces the propeller blade life limit to 3,500 hours TSN;
     Removes from service all the propeller blades and the
propeller hub if one or more propeller blades have been found cracked
on a propeller assembly; and
     Removes from service all C-5963 split retainers.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. For that reason, we are proposing this AD,
which would require an FPI and ECI of propeller blades for cracks,
would visually inspect the blade shank for a step condition, and would
reduce the propeller blade life limit to 3,500 hours TSN. This proposed
AD would also require removing blades with more than 10,000 operating
hours TSN, before further flight. This proposed AD would also require
removal from service of all the propeller blades and the propeller hub
if one or more propeller blades have been found cracked on a propeller
assembly. This proposed AD would also require removing from service all
C-5963 split retainers at time of next inspection. The proposed AD
would require that you do these actions using the service information
described previously.

Interim Action

    These actions are interim actions and we may take further
rulemaking actions in the future.

Costs of Compliance

    We estimate that this proposed AD would affect 8 propeller
assemblies installed on airplanes of U.S. registry. We estimate that it
would take about 44 work-hours per propeller to perform the proposed
required actions, and that the average labor rate is $80 per work-hour.
Required parts would cost about $260 per propeller, if no cracks are
found. We estimate that one propeller will fail the blade inspection
required by this proposed AD, and the propeller replacement cost would
be about $67,067. Prorated life lost for the propeller assembly would
cost about $39,043 per propeller. Based on these figures, we estimate
the total cost of the proposed AD to U.S. operators to be $370,608.

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the
Federal Aviation Administration proposes to amend 14 CFR part 39 as
follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15453 (73 FR
19971, April 14, 2008) and by adding a new airworthiness directive to
read as follows:

McCauley Propeller Systems : Docket No. FAA-2006-25173; Directorate
Identifier 2006-NE-24-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive
comments on this airworthiness directive (AD) action by March 23,
2009.

Affected ADs

    (b) This AD supersedes AD 2008-08-01, Amendment 39-15453.

Applicability

    (c) This AD applies to McCauley Propeller Systems propeller
models B5JFR36C1101/114GCA-0, C5JFR36C1102/L114GCA-0,

B5JFR36C1103/114HCA-0, and C5JFR36C1104/L114HCA-0. These propellers
are installed on BAE Systems (Operations) Limited Jetstream Model
4100 and 4101 series airplanes (Jetstream 41).

Unsafe Condition

    (d) This AD results from 8 reports of propeller blades found
cracked since May of 2006. We are issuing this AD to detect cracks
in the propeller blade that could cause failure and separation of
the propeller blade and loss of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.

Life Limit Reduction

    (f) For propeller blades with more than 10,000 operating hours
time-since-new (TSN) on the effective date of this AD, remove the
propeller blades before further flight.
    (g) For propeller blades with more than 3,000 operating hours
TSN on the effective date of this AD, remove the propeller blades
within the next 500 operating hours.
    (h) For propeller blades with 3,000 or fewer operating hours TSN
on the effective date of this AD, remove the propeller blades upon
reaching 3,500 operating hours TSN.

Removal From Service of Propeller Blades and Hubs From Propeller
Assemblies That Already Had One or More Cracked Propeller Blades

    (i) Remove the serial number (SN) propeller blades and the hubs
listed in Table 1 of this AD from service, using the inspection
compliance schedule in Table 2 of this AD. These blades and hubs
were installed on propeller assemblies that already had one or more
propeller blades removed due to cracking, but at that time those
blades and hubs were not required to be removed from service. Table
1 only represents propeller assemblies that were reported to have
cracked blades. There may be other propeller assemblies affected
that we have not received reports on.

 Table 1--Propeller Blade and Hub SNs Requiring Removal From Service at
                             Next Inspection
------------------------------------------------------------------------
              Hub SN                              Blade SNs
------------------------------------------------------------------------
023062............................  XH31043, XH31131, XE31002, XH31025,
                                     XI31014.
040296............................  YA31058, YA31055, YB31084, YB31088,
                                     YB31090.
041016............................  XB31009, XB31073, XA31071, XA31063,
                                     WK31013.
051193............................  XH31018, XH31077, XH31081, XL31008,
                                     XL31043.
040282............................  XG31015, XG31016, XH31113, XH31117,
                                     XI31017.
051204............................  XI31049, XH31140, XH31129, XH31084,
                                     XH31074.
051194............................  WF31010, WD31032, WF31002, WF31029,
                                     WF31078.
------------------------------------------------------------------------

Propeller Blade Inspection

    (j) Perform a fluorescent penetrant inspection and eddy current
inspection of the propeller blades, and a visual inspection for
``step condition'' of the blade shank. Use the Equipment Required
and Accomplishment Instructions of McCauley Propellers Alert Service
Bulletin (ASB) No. ASB255A, dated October 6, 2008, and the
compliance schedule in Table 2 of this AD:

                 Table 2--Inspection Compliance Schedule
------------------------------------------------------------------------
  If on the effective date of this AD,      Then inspect the propeller
          the propeller blade:                        blade:
------------------------------------------------------------------------
(1) Has more than 2,400 operating hours  Upon reaching 2,500 operating
 TSN, time-since-last inspection          hours TSLI. See TSLI
 (TSLI), or time-since-overhaul (TSO)     definition paragraph (o) of
 and has been inspected using AD 2008-    this AD.
 08-01 or McCauley Propellers ASB No.
 ASB255, dated January 8, 2007 within
 the past 2,400 operating hours.
(2) Has more than 2,400 operating hours  Within the next 100 operating
 TSN, TSLI, or TSO and has not been       hours time-in-service.
 inspected using AD 2008-08-01 or
 McCauley Propellers ASB No. ASB255,
 dated January 8, 2007 within the past
 2,400 operating hours.
(3) Has 2,400 or fewer operating hours   Upon reaching 2,500 operating
 TSN, TSLI, or TSO.                       hours TSN, TSLI, or TSO.
------------------------------------------------------------------------

Propellers Failing Blade Inspection

    (k) Remove from service all of the propeller blades, and the
propeller hub, if one or more propeller blades are found cracked on
a propeller assembly. Propeller blades and the propeller hub of a
propeller assembly that has one or more cracked propeller blades,
are no longer eligible for installation in any configuration. Do not
install them in any configuration on any airframe.
    (l) Remove from service all propeller blades that exhibit a
blade shank ``step condition'' of 0.005-inch or greater. Blades
removed from service are no longer eligible for installation in any
configuration. Do not install them in any configuration on any
airframe.

Removal of C-5963 Split Retainers From Service

    (m) Remove from service all C-5963 split retainers at the time
of blade inspection specified in paragraph (i) of this AD. C-5963
split retainers removed from service are no longer eligible for
installation in any configuration. Do not install them in any
configuration on any airframe.
    (n) After the effective date of this AD, propeller assemblies
with C-5963 split retainers, are prohibited from installation on any
airframe.

Definition

    (o) For the purpose of this AD, TSLI refers only to inspections
performed using AD 2008-08-01 or McCauley ASB No. ASB255, dated
January 8, 2007.

Reporting Requirements

    (p) Within 10 calendar days of the inspection, use the Reporting
Form in McCauley ASB No. ASB255A, to report all inspection findings
to the FAA, Wichita Aircraft Certification Office, 1801 Airport
Road, Room 100, Wichita, KS 67209, Attention: Jeff Janusz; telephone
(316) 946-4148; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    (q) Include any photographs, and any other information related
to the means of detection of the crack, and the history of the
propeller and blades.
    (r) The Office of Management and Budget (OMB) has approved the
reporting requirements and assigned OMB control number 2120-0056.

Alternative Methods of Compliance

    (s) The Manager, Wichita Aircraft Certification Office, has the
authority to approve alternative methods of compliance for this AD
if requested using the procedures found in 14 CFR 39.19.

Special Flight Permits

    (t) Under 39.23, we are limiting the availability of special
flight permits for this AD. Special flight permits are available
only if:
    (1) The operator has not seen signs of external oil leakage from
the hub; and
    (2) The operator has not observed abnormal propeller vibration
or abnormal engine vibration; and
    (3) The operator has not observed any other abnormal operation
from the propeller; and
    (4) The operator has not made earlier reports of abnormal
propeller vibration, abnormal engine vibration, or other abnormal
propeller operations that have not been addressed.

Related Information

    (u) Contact Jeff Janusz, Aerospace Engineer, Wichita Aircraft
Certification Office, FAA, Small Airplane Directorate, 1801 Airport
Road, Room 100, Wichita, KS 67209; e-mail<EMAIL_ADDRESS>
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>, for more information
about this AD.

    Issued in Burlington, Massachusetts, on January 12, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-1028 Filed 1-16-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]
[Page 22199-22201]
[DOCID:fr24ap08-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57683; File No. SR-Phlx-2008-27]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to Access to XLE on
Phlx's Options Floor

April 18, 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 11, 2008, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') 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
Phlx. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to delete Phlx Rule 1014(e)(iii), which
limits the actions of Registered Options Traders (``ROTs'') related to
trading in Phlx's equity market in certain situations, and adopt Phlx
Rule 175 prohibiting an XLE Market Maker from acting as an options
specialist or option market maker in options overlying the securities
in which the XLE Market Maker is registered.
    The text of the proposed rule change is available at the Exchange,
the Commission's Public Reference Room, and http://www.phlx.com.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to clarify that members
and member organizations on the Phlx options floor are permitted to
have connectivity to XLE, Phlx's electronic equity trading system. XLE
provides to those Phlx member organizations and their Sponsored
Participants authorized to enter orders on the system (``XLE
Participants'') a system for the entry and execution of NMS Stock
orders. XLE is the sole means on Phlx to enter and execute NMS Stock
orders; the physical equity trading floor has been discontinued.\3\ The
Exchange states that, in the past, Phlx's physical equity and options
floor were separated by a wall, which required a member to leave one
floor and walk to the other floor in order to participate on the other
floor. In addition, the wall prevented any line of sight or line of
hearing between the two floors. Specifically, the wall helped to
prevent someone on one floor from using information gained there on the
other floor without first physically leaving the one floor and walking
to the other, thereby mitigating the ``time and place'' advantage
gained from being on that floor.\4\
---------------------------------------------------------------------------

    \3\ See Phlx Rule 160.
    \4\ Phlx Rule 606 regulates the use of electronic and telephonic
means of communication on the floor.
---------------------------------------------------------------------------

    When XLE started, the trading of NMS Stocks on Phlx ceased to take
place on a physical floor and, instead, now takes place electronically
according to the algorithms programmed in the software that operates
XLE.\5\ XLE Participants cannot alter these algorithms, nor does the
identity of a XLE Participant affect the execution of the order. Access
to XLE is available to XLE Participants through an Exchange electronic
interface by means of their own communication lines or through lines
established by service providers in the business of maintaining
connectivity in the securities marketplace. In addition, XLE
Participants may access XLE for the entry of two-sided orders through

technology provided by the Exchange.\6\ The Exchange states that all
information about the price and size of executions on XLE is made
available to both XLE Participants and non-XLE Participants at the same
time and in the same manner; it may be accessed by means of the
consolidated tape plans or by means of Phlx's own depth of book feed,
both of which are available to XLE Participants and non-XLE
Participants in a non-discriminatory manner. Phlx further states that,
with the discontinuation of the physical equity floor, there is no
longer any time and place advantage to any XLE Participant using XLE.
All information about the price and size of executions on XLE is made
available simultaneously to anyone, including XLE Participants and to
those persons who may be on the Phlx options floor.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54538 (September 28,
2006), 71 FR 59184 (October 6, 2006).
    \6\ The technology provided by the Exchange does not disseminate
any information about orders or executions on XLE other than those
of the XLE Participant entering the orders.
---------------------------------------------------------------------------

    Therefore, the Exchange submits that connectivity to trading on XLE
from the Phlx options floor does not present an advantage for either
trading on XLE or to trading on the Phlx options floor. In fact,
options floor participants currently have access to other execution
venues and order routing mechanisms for the underlying securities.
Possession of XLE order entry technology does not give the possessor
any special information advantage that could be used on the Phlx
options floor because access to XLE information is available to all on
a non-discriminatory basis. In addition, physical presence on the Phlx
options floor does not provide an advantage in priority for orders
entered into XLE from the Phlx options floor because XLE executes
orders in price-time priority based on a pre-set algorithm that is
unalterable by the XLE Participant entering the order and does not take
into account the location where an order is entered. In order to
further facilitate connectivity to trading on XLE in all securities,
Phlx proposes to delete Phlx Rule 1014(e)(iii), which places
restrictions on ROTs trading in options after trading in the underlying
security.
    To address concerns about Integrated Market Making,\7\ in
particular possession by options Specialists or Registered Options
Traders of non-public information in the options market that could be
used if they were also a Market Maker on XLE \8\ in the underlying
equity security,\9\ the Exchange proposes new Phlx Rule 175, which
prohibits Integrated Market Making to prevent the potential misuse non-
public information. Specifically, proposed Phlx Rule 175 prohibits
Market Makers on XLE, or any member, limited partner, officer, or
associated person thereof, from acting as an options Specialist,
Registered Options Trader or functioning in any capacity involving
market making responsibilities, in any option overlying a security in
which the Market Maker on XLE is registered as such. For example, an
affiliate of a Market Maker on XLE registered in equity security IBM
would be prohibited from becoming the options Specialist in options on
IBM. In addition, proposed Phlx Rule 175 would prohibit a member
organization whose member was a Registered Options Trader in options on
IBM from becoming a Market Maker on XLE registered in the equity
security IBM. This would be prohibited because that Market Maker on XLE
would then have an associated person who is a Registered Options Trader
in an option overlying a security in which the Market Maker on XLE
would be registered.
---------------------------------------------------------------------------

    \7\ Integrated Market Making involves making market in both
options and the securities underlying those options.
    \8\ See Phlx Rule 1(l). Market Makers must be member
organizations. See Phlx Rule 170(b).
    \9\ The information available to options Specialist and
Registered Options Traders from XLE does not raise similar concerns.
XLE is electronic and does not operate as a traditional physical
trading floor where physical presence could provide a participant
with information that is not otherwise publicly available. All
information about orders and trades on XLE is available to everyone
simultaneously over the consolidated tape and over XLE's market data
feed.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act \10\ in general, and furthers the objectives of section
6(b)(5) of the Act \11\ in particular, in that it is 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, by providing another venue for persons on the Phlx options
floor to execute orders in NMS Stocks. Currently, persons on the Phlx
options floor have access to other execution venues and order routing
mechanisms for the underlying securities. This proposed rule change
would permit those persons access to XLE, thereby increasing the
markets available for execution of their orders. Additionally, this
proposal would prohibit a Market Maker on XLE or any member, limited
partner, officer, or associated person thereof from acting as an
options Specialist, Registered Options Trader or function in any
capacity involving market making responsibilities, in any option
overlying a security in which the Market Maker on XLE is registered as
such. This prohibition would prevent the use of non-public information
in the options market by options Specialists or Registered Options
Traders that could be used if they were also a Market Maker on XLE in
the underlying security.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

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

    Within 35 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 90 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 Exchange consents, the Commission shall:
    (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 SR-Phlx-2008-27 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-Phlx-2008-27. 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2008-27 and should be
submitted on or before May 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------

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

[FR Doc. E8-8874 Filed 4-23-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Notices]
[Page 18022]
[DOCID:fr20ap09-133]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
inibrination collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on December 3, 2008, vol. 73, no. 233, page
73688. The data from this report is used to target those leading
outsource maintenance providers that may have a higher risk level which
in turn would merit an increase of FAA surveillance.

DATES: Please submit comments by May 20, 2009.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Air Carriers Listing of Leading Outsource Maintenance
Providers.
    Type of Request: Extension without change of a currently approved
collection.
    OMB Control Number: 2120-0708.
    Form(s): There are no FAA forms associated with this collection.
    Affected Public: An estimated 121 Respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden per Response: Approximately 4 hours per
response.
    Estimated Annual Burden Hours: An estimated 484 hours annually.
    Abstract: The data from this report is used to target those leading
outsource maintenance providers that may have a higher risk level which
in turn would merit an increase of FAA surveillance.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility the accuracy of the Department's estimates of the burden of the
proposed information collection ways to enhance the quality, utility,
and clarity of the information to be collected and ways to minimize the
burden of the collection of information on respondents, including the
use of automated collection techniques or other forms of information
technology.

    Issued in Washington, DC, on April 14, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-9044 Filed 4-17-09; 8:45 am]

BILLING CODE 4910-13-P